Article 38 Adaptation for purposes of Part III of rights to indemnity
This Article shall have effect for the purpose of adapting in relation to this Part any right (however and whenever created or arising) which a person may have to be indemnified against expenses incurred by him.
In determining for the purposes of any such right the reasonableness of any expenses, the possibility of avoiding them or part of them by taking advantage of this Part shall be disregarded.
Where a person having any such right to be indemnified against expenses incurred in connection with any matter in respect of which a criminal aid certificate may be granted—
is granted such a certificate; or
has his defence before the Crown Court undertaken by counsel or solicitor or both at the request of the judge;
then the right shall inure also for the benefit of theF1 Lord Chancellor as if any expenses defrayed or cost paid under Article 36 in relation to that certificate or defence had been expenses incurred by that person.
Where—
a person's right to be indemnified against expenses incurred in connection with any matter in respect of which a criminal aid certificate may be granted arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to proceedings in relation to that matter; and
those liable have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
the right to be indemnified shall be treated for the purposes of paragraph (3) as not being subject to that condition.
Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right on the Lord Chancellor to recover money in respect of any expenses than the person referred to in paragraph (3) would have had if the expenses had been incurred by him.
Annotations
Textual amendments
- F1
SI 1982/159
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Order repealed (1.11.2003 for the repeals of arts.18(1)-(7), 19, 20.3.2006 the repeal of art. 23, 1.4.2015 for the repeal of Pt. 2 to the extent that it remains in operation,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)