Article 5 Representation in proceedingsF1
In this Part “assistance by way of representation” means any assistance given to a person by taking on his behalf any step in the institution or conduct of any proceedings before a court or tribunal, or of any proceedings in connection with a statutory inquiry, whether by representing him in those proceedings or by otherwise taking any step on his behalf (as distinct from assisting him in taking such a step on his own behalf).
Without prejudice to Article 4(2) and subject to any prescribed exceptions, Article 3 does not apply to any assistance by way of representation unless it is approved by an appropriate authority in accordance with regulations made for the purposes of this Article.
Regulations may—
describe the proceedings in relation to which assistance by way of representation may be approved by reference to the court, tribunal or statutory inquiry, to the issues involved, to the capacity in which the person requiring the assistance is concerned, or in any other way;
specify, in relation to any proceedings so described, the assistance by way of representation which may be approved; and
preclude the giving of approval in the case of persons who would not be eligible for assistance if sub-paragraph ( a) of Article 3(1) were omitted or for the weekly sum specified in that sub-paragraph there were substituted such lower weekly sum as may be prescribed.
Regulations may also make provision—
as to which committees, courts, tribunals or other persons or bodies of persons are to be appropriate authorities;
as to the procedure to be followed in applying for approval, the criteria for determining whether approval should be given and the conditions which should or may be imposed; and
as to the circumstances in which approval may be withdrawn and the effect of its withdrawal.
Without prejudice to paragraphs (3) and (4), regulations may make provision in relation to assistance by way of representation for purposes corresponding to those of Article 10(5A) to (5E) (legal aid for proceedings under the Children (Northern Ireland) Order 1995).
Where a person receives any assistance by way of representation in any civil proceedings before a court or any proceedings before a tribunal, then, except in so far as regulations otherwise provide, his liability by virtue of an order for costs made against him with respect to the proceedings shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances, including the means of all the parties and their conduct in connection with the dispute; and regulations shall make provision as to the court, tribunal or person by whom that amount is to be determined and the extent to which any determination of that amount is to be final.
For the purposes of any inquiry under paragraph (5) as to the means of a person against whom an order for costs has been made, his dwelling house and household furniture and the tools and implements of his trade shall be left out of account except in such cases and to such extent as may be prescribed and except as so prescribed they shall, in all parts of the United Kingdom, be protected from seizure in execution to enforce the order.
Annotations
Textual amendments
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Pt. 2 (to the extent that it remains in operation) repealed (1.4.2015) 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. 2015/194, art. 2, Sch. (with transitional provisions and savings in art. 3)
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Notes on the whole Order
Textual amendments
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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)
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functions transferred by SI 1982/159