Explanatory note

These Regulations amend Schedule 1 (proceedings for which legal aid may be given under Article 9) to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

The effect of these amendments are to bring within the scope of legal aid applications, in either the Crown Court or the Magistrates’ Courts, to vary or discharge restraining orders made under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997 (regulation 3(a) and (b)).

The Regulations also make consequential amendments arising from the abolition of the Asylum and Immigration Tribunal and the transfer of its functions to the First-tier Tribunal (regulation 3 (c) and (d)).

Part II (excepted proceedings) of Schedule 1 to the Order is amended to omit two forms of onward appeal from the Asylum and Immigration Tribunal. For those proceedings, the Northern Ireland Legal Services Commission, rather than the High Court or the Tribunal, will now have the power to grant legal aid funding (regulations 4 and 5).