Access to Justice (Northern Ireland) Order 2003
Draft 2003, ISBN 0337377340
Draft Order in Council laid before Parliament under paragraph 2(1)(a) of the Schedule to the Northern Ireland Act 2000, for approval by resolution of each House of Parliament
NORTHERN IRELAND
Made
Coming into operation in accordance with Article 1(2) and (3)
At the Court at , the day of 2003
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by resolution of each House of Parliament:
Now therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000f1 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Annotations to the whole text
Footnotes
- f1
Contents
- Part I: CITATION, COMMENCEMENT AND INTERPRETATION
- 1Citation and commencement
- 2Interpretation
- Part II: NORTHERN IRELAND LEGAL SERVICES COMMISSION
- 3Northern Ireland Legal Services Commission
- 4Membership of the Commission
- 5Power to replace Commission with two bodies
- 6Planning
- 7Powers of Commission
- 8Guidance
- 9Northern Ireland law and foreign law
- Civil legal services
- 10Civil legal services
- 11Funding of services
- 12Services which may be funded
- 13Individuals for whom services may be funded
- 14Decisions about provision of funded services
- 15Funding code
- 16Procedure relating to funding code
- 17Terms of provision of funded services
- 18Costs orders against assisted parties
- 19Costs of successful unassisted parties
- 20Regulations about costs in funded cases
- Criminal defence services
- 21Criminal defence services
- 22Criminal defence services: code of conduct
- 23Advice and assistance
- 24Representation
- 25Individuals to whom right to representation may be granted
- 26Grant of right to representation by court
- 27Grant of right to representation by Commission
- 28Appeals
- 29Criteria for grant of right to representation
- 30Selection of representative
- 31Terms of provision of funded services
- Supplementary
- 32Restriction of disclosure of information
- 33Misrepresentation etc.
- 34Position of service providers and other parties etc.
- 35Solicitors and barristers
- 36Register of persons providing services
- Part III: OTHER FUNDING OF LEGAL SERVICES
- Conditional fee and litigation funding agreements
- 37Interpretation of Part III
- 38Conditional fee agreements
- 39Conditional fee agreements: supplementary
- 40Litigation funding agreements
- 41Litigation funding agreements: the Commission
- 42Litigation funding agreements: costs
- Costs
- 43Recovery of insurance premiums by way of costs
- 44Recovery where body undertakes to meet cost liabilities
- Part IV: SUPPLEMENTARY
- 45Application to Crown
- 46Orders, regulations and directions
- 47Remuneration orders
- 48Transitional provisions and savings
- 49Minor and consequential amendments and repeals
- Signature
- Schedule 1: NORTHERN IRELAND LEGAL SERVICES COMMISSION
- Incorporation and status
- 1Paragraph 1
- 2Paragraph 2
- Tenure of members
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Members' interests
- 7Paragraph 7
- 8Paragraph 8
- 9Remuneration
- 10Staff
- 11Staff
- 12Funding of costs relating to administration etc.
- 13Proceedings
- Provision of information
- 14Paragraph 14
- Annual report
- 15Paragraph 15
- Annual plan
- 16Paragraph 16
- Accounts and audit
- 17Paragraph 17
- Instruments
- 18Paragraph 18
- Schedule 2: CIVIL LEGAL SERVICES: EXCLUDED SERVICES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 3: TRANSITIONAL PROVISIONS AND SAVINGS
- Interpretation
- 1Paragraph 1
- Rights, obligations and property
- 2Paragraph 2
- The Legal Aid Fund
- 3Paragraph 3
- Part II of the 1981 Order
- 4Paragraph 4
- Part III of the 1981 Order
- 5Paragraph 5
- Commission’s annual plan and annual report
- 6Paragraph 6
- Grants and approvals under the 1981 Order
- 7Paragraph 7
- Chief Executive of the Commission
- 8Paragraph 8
- The Commission: transfers of employment
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Pensions
- 12Paragraph 12
- Assistance with functions
- 13Paragraph 13
- Schedule 4: MINOR AND CONSEQUENTIAL AMENDMENTS
- Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10)
- 1Paragraph 1
- Solicitors (Northern Ireland) Order 1976 (N.I.12)
- 2Paragraph 2
- Sex Discrimination (Northern Ireland) Order 1976 (N.I.15)
- 3Paragraph 3
- European Communities (Services of Lawyers) Order 1978 (S.I. 1978/1910)
- 4Paragraph 4
- Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
- 5Paragraph 5
- Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (N.I. 8)
- 6Paragraph 6
- Telecommunications Act 1984 (c. 12)
- 7Paragraph 7
- Child Abduction and Custody Act 1985 (c. 60)
- 8Paragraph 8
- Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (N.I. 16)
- 9Paragraph 9
- Social Security Administration (Northern Ireland) Act 1992 (c. 8)
- 10Paragraph 10
- Children (Northern Ireland) Order 1995 (N.I. 2)
- 11Paragraph 11
- Children’s Evidence (Northern Ireland) Order 1995 (N.I. 3)
- 12Paragraph 12
- Race Relations (Northern Ireland) Order 1997 (N.I. 6)
- 13Paragraph 13
- Northern Ireland Act 1998 (c. 47)
- 14Paragraph 14
- Freedom of Information Act 2000 (c. 36)
- 15Paragraph 15
- Equality (Disability, etc.) (Northern Ireland) Order 2000 (N.I. 2)
- 16Paragraph 16
- European Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119)
- 17Paragraph 17
- Anti-Terrorism, Crime and Security Act 2001 (c. 24)
- 18Paragraph 18
- Schedule 5REPEALS
- Explanatory note