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Legal Advice and Assistance (Amendment No. 2) Regulations (Northern Ireland) 2005

S.R. 2005/502 · Made 9 November 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL AID AND ADVICE

Made 9th November 2005

To be laid before Parliament

Coming into operation 5th December 2005

The Lord Chancellor, in exercise of the powers conferred by Articles 14, 22 and 27 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981f1, and now vested in himf2, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1981/228 (N.I. 8); Article 27 is an interpretation provision and is recited because of the meaning assigned to the words “prescribed” and “regulations”

f2

S.I. 1982/159

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment to the principal regulations
  4. 4Amendment to the principal regulations
  5. 5Amendment to the principal regulations
  6. 6Amendment to the principal regulations
  7. 7Amendment to the principal regulations
  8. 8Amendment to the principal regulations
  9. 9Amendment to the principal regulations
  10. 10Amendment to the principal regulations
  11. 11Amendment to the principal regulations
  12. 12Amendment to the principal regulations
  13. Signature
  14. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Advice and Assistance (Amendment No. 2) Regulations (Northern Ireland) 2005 and shall come into operation on 5th December 2005.

2Interpretation

In these Regulations “the principal regulations” means the Legal Advice and Assistance Regulations (Northern Ireland) 1981f1.

3Amendment to the principal regulations

In regulation 3 of the principal regulations after the definition of “child” there shall be inserted—

  • ““civil partner” has the meaning assigned to it by section 1 of the Civil Partnership Act 2004f1;”

4Amendment to the principal regulations

In regulation 8(2)(b) of the principal regulations after the words “his spouse” there shall be inserted the words “or civil partner”.

5Amendment to the principal regulations

In regulation 11 of the principal regulations after the words “his spouse” there shall be inserted the words “or civil partner”.

6Amendment to the principal regulations

In paragraph 1A of Schedule 1 to the principal regulations after the words “as a couple” there shall inserted the words “or civil partners”.

7Amendment to the principal regulations

In paragraphs 6(b), 6(b)(i) and 6(b)(ii) of Schedule 1 to the principal regulations after each instance of the word “spouse” there shall be inserted the words “or civil partner”.

8Amendment to the principal regulations

In paragraph 7(c) of Schedule 1 to the principal regulations after the words “a spouse” there shall be inserted the words “or civil partner”.

9Amendment to the principal regulations

In paragraph 8(b) of Schedule 1 to the principal regulations for the words “spouse of the person concerned, if the spouses” there shall be substituted the words “spouse or civil partner of the person concerned, if the spouses or civil partners”.

10Amendment to the principal regulations

In paragraph 8(b)(i) of Schedule 1 to the principal regulations after the word “spouse” there shall be inserted the words “or civil partner”.

11Amendment to the principal regulations

In paragraph 9 of Schedule 1 to the principal regulations for the words “a spouse who is living apart, of a former spouse” there shall be substituted the words “a spouse or civil partner who is living apart, of a former spouse or former civil partner”.

12Amendment to the principal regulations

In paragraph (a) of Schedule 4 to the principal regulations for the words “a spouse, former spouse” there shall be substituted the words “a spouse or civil partner, former spouse or former civil partner”.

Signature

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under-Secretary of State,

Department for Constitutional Affairs

Dated 1st November 2005

We approve

Gillian Merron

Tom Watson

Two of the Lord’s Commissioners of Her Majesty’s Treasury

Dated 9th November 2005

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Legal Advice and Assistance Regulations (Northern Ireland) 1981 to insert references to the legal status of civil partners, as created by the provisions of the Civil Partnership Act 2004, to ensure an application for legal advice and assistance from any person who is in a civil partnership is determined in a manner consistent with the existing Regulations.