OpenLegislation

Article 37 Remuneration of solicitors and counsel

TheF1 Lord Chancellor in exercising any power to make rules as to the amounts payable under this Part to counsel or a solicitor assigned to give legal aid, and any person by whom any amount so payable is determined in a particular case, shall have regardF2, among the matters which are relevant, to—

(a)

the time and skill which work of the description to which the rules relate requires;

(b)

the number and general level of competence of persons undertaking work of that description;

(c)

the cost to public funds of any provision made by the rules; and

(d)

the need to secure value for money,

but nothing in this Article shall require him to have regard to any fees payable to solicitors and counsel otherwise than under this Part.

Annotations

Textual amendments

F1

SI 1982/159

F2

Words in art. 37 substituted (9.3.2005) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), arts. 1(2), 49(1), Sch. 4 para. 6(3); S.R. 2005/111, art. 3 (with transitional provisions and savings in arts. 4, 5, 6) (as amended (29.8.2009) by S.R. 2009/312, art. 3 (with savings in arts. 4, 5))

Notes on the whole Order

Textual amendments

F1

Order repealed (1.11.2003 for the repeals of arts.18(1)-(7), 19, 20.3.2006 the repeal of art. 23, 1.4.2015 for the repeal of Pt. 2 to the extent that it remains in operation, otherwise prosp.) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), arts. 1(2), 49(5), Sch. 5 (with transitional provisions and savings in art. 48, Sch. 3); S.R. 2003/344, art. 4, Sch. 2; S.R. 2006/27, art. 3; S.R. 2015/194, art. 2, Sch. (with transitional provisions and savings in art. 3)

F2

functions transferred by SI 1982/159

Notes on Part III

Modifications

C1

Pt. 3 transfer of functions (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), ss. 1(2)(a)(3)(4), 12(1) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(a)