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Legal Aid (General) (Amendment) Regulations (Northern Ireland) 2010

S.R. 2010/93 · Made 10 March 2010

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 10th March 2010

Coming into operation 1st April 2010

To be laid before Parliament

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by Articles 12(5), 22 and 27 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981f1, and now vested in himf2.

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 word “regulations”

f2

S.I. 1982/159

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Application
  4. 4Application
  5. 5Amendments to the Legal Aid (General) Regulations (Northern Ireland) 1965
  6. 6Amendments to the Legal Aid (General) Regulations (Northern Ireland) 1965
  7. Signature
  8. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Aid (General) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 1st April 2010.

2Interpretation

In these Regulations, “the Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003f1.

3Application

These Regulations apply to cases in which the Commission grants a certificate on or after 1st April 2010.

4Application

The Legal Aid (General) Regulations (Northern Ireland) 1965f1 continue to apply as if these Regulations had not been made in respect of cases in which the Commission grants a certificate before 1st April 2010.

5Amendments to the Legal Aid (General) Regulations (Northern Ireland) 1965

The Legal Aid (General) Regulations (Northern Ireland) 1965 are amended as follows.

6Amendments to the Legal Aid (General) Regulations (Northern Ireland) 1965

(1)

For regulation 17(9)(a), substitute—

“(a)

payments of money under provisions of—

(i)

Articles 4 and 8 of the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979f1; or

(ii)

Articles 24, 25(1) and (2), 26A, 29(6), 33(1), 33(2)(a) to (dd), 33(2)(f) and 33(3) of the Matrimonial Causes (Northern Ireland) Order 1978f2; or

(iii)

Articles 4(1)(b) and (d), 8(1) and (5) and 22(2) of the Domestic Proceedings (Northern Ireland) Order 1980f3; or

(iv)

Article 15 of, together with paragraphs 2, 8 and 11 of Schedule 1 to, the Children (Northern Ireland) Order 1995f4;”.

(2)

For regulation 17(9)(f), substitute—

“(f)

income support and housing benefit paid under the Social Security Contributions and Benefits (Northern Ireland) Act 1992f5; or

(g)

working tax credit and child tax credit paid under the Tax Credits Act 2002f6;”.

Signature

Signed by authority of the Lord Chancellor

Michael Wills

Minister of State

Ministry of Justice

Dated 10th March 2010

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid (General) Regulations (Northern Ireland) 1965 in respect of the provisions regarding exemptions to the statutory charge for civil legal aid.

The effect of the amendments is to re-state the exemptions which currently apply by operation of the provision in section 29 (effect of substituting provisions) of the Interpretation Act (Northern Ireland) 1954.