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The Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2011

S.R. 2011/396 · Made 7 November 2011

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 7th November 2011

Coming into operation 5th December 2011

The Department of Justice makes the following Rules in exercise of the powers conferred by Article 36(3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981f1 and now vested in itf2.

In accordance with Article 36(3) of that Order, the Department has consulted with the Lord Chief Justice and the Attorney General and it has obtained the approval of the Department of Finance and Personnel.

In accordance with Article 37 of that Order, the Department has had regard to the matters specified in that Article.

Annotations to the whole text

Footnotes

f1

S.I. 1981/228 (N.I. 8)

f2

S.I. 1982/159 and S.I. 2010/976

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992
  3. 3Amendments to the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992
  4. 4Amendments to the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992
  5. 5Amendments to the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992
  6. Signature
  7. Explanatory note

1Citation and commencement

These Rules may be cited as the Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2011 and shall come into operation on 5th December 2011.

2Amendments to the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992

The Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992f1 are amended as follows.

3Amendments to the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992

In rule 2—

(a)

omit the definition of “appropriate authority”;

(b)

before the definition of “costs”, insert–

  • ““Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003f1;”.

4Amendments to the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992

Omit rule 3.

5Amendments to the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992

(1)

Subject to paragraph (2), in each place where it appears, for “appropriate authority” substitute “Commission”.

(2)

In rule 16(3), for “an appropriate authority” substitute “the Commission”.

Signature

Sealed with the Official Seal of the Department of Justice on 7th November 2011

(L.S.)

David Ford

Minister of Justice

The Department of Finance and Personnel hereby approves the foregoing Rules

Sealed with the Official Seal of the Department of Finance and Personnel on 9th November 2011

(L.S.)

William Pauley

A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Rules)

These Rules amend the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992 by substituting the Northern Ireland Legal Services Commission for the appropriate authority. The effect of the amendment is to transfer responsibility for the determination of the costs payable under the 1992 Rules from the appropriate authority to the Commission. Furthermore, with this transfer of function, the appropriate authority has ceased to exist.

The 1992 Rules also provide a system of redeterminations and appeals enabling solicitors and counsel to challenge the costs determined in a particular case.