Legal Aid (General) (Amendment) Regulations (Northern Ireland) 2010
S.R. 2010/93 · Made 10 March 2010
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
Contents
- 1Citation and commencement
- 2Interpretation
- 3Application
- 4Application
- 5Amendments to the Legal Aid (General) Regulations (Northern Ireland) 1965
- 6Amendments to the Legal Aid (General) Regulations (Northern Ireland) 1965
- Signature
- 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
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;”.
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.