Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
1981/228 · Made 18 February 1981 · Extends to Northern Ireland
Annotations to the whole text
Textual amendments
- F1
Order repealed (1.11.2003 for the repeals of arts.18(1)-(7), 19, 20.3.2006 the repeal of art. 23, 1.4.2015 for the repeal of Pt. 2 to the extent that it remains in operation,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)
- F2
functions transferred by SI 1982/159
Modifications
- C1
Order: power to amend conferred (1.9.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 90(2)(b), 111(3); S.R. 2012/214, art. 4
- C2
Order applied (with modifications) (30.4.2007) by Legal Aid (Asylum and Immigration Appeals) (Northern Ireland) Regulations 2007 (S.I. 2007/1318), reg. 7(5)
- C3
Order: functions of Lord Chancellor transferred to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 36 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- Part II: LEGAL ADVICE AND ASSISTANCE, AND LEGAL AID OTHER THAN FREE LEGAL AID AVAILABLE UNDER PART III
- Chapter: Legal advice and assistance
- 3Persons eligible for advice and assistance
- 4Scope and general conditions of advice and assistance
- 5Representation in proceedings
- 6Financial limit on prospective cost of advice and assistance
- 7Contributions from persons receiving advice or assistance
- 8Payment of charges or fees otherwise than through client's contribution
- Chapter: Legal aid
- 9Persons eligible for legal aid
- 10Scope and general conditions of legal aid
- 10AExceptional legal aid
- 11Financial conditions of legal aid
- 12Contributions from persons receiving legal aid and charge on property recovered
- 13Remuneration of persons giving legal aid
- Chapter: Assessment of resources etc.
- 14Assessment of disposable capital and income and of maximum contribution
- Chapter: Solicitors and counsel
- 15Solicitors and counsel
- 15ALegal aid not to affect normal rules
- Chapter: Costs of successful unassisted parties
- 16Power to award costs out of the legal aid fund
- 17Provisions supplementary to Article 16
- Administration and finance
- 18Functions of Law Society
- 20Accounts and audit
- 21Pension rights of employees
- Chapter: Miscellaneous and supplementary
- 22Regulations
- 23Advisory committees Repealed
- 24Secrecy
- 25Proceedings for misrepresentation etc.
- 26Adaptation for purposes of Part II of rights to indemnity
- 27Interpretation of Part II and Schedules 1 and 2
- Part III: FREE LEGAL AID IN CRIMINAL PROCEEDINGS
- 28Free legal aid in the magistrates' court
- 28AFree legal aid for diversionary youth conferences
- 29Free legal aid in the Crown Court
- 30Free legal aid on appeal to the county court
- 31Resolution of doubts under Articles 28 to 30
- 32Statements for purposes of free legal aid
- 33Report on means of applicant for free legal aid
- 33AOrder to recover costs of legal aid
- 34Free legal aid for children and young persons
- 35Further provisions as to issue of certificates
- 35ACourt-ordered youth conferences
- 36Expenses of free legal aid and making of rules
- 36AAssignment of solicitor and counsel
- 36BRegister of solicitors and counsel eligible to be assigned
- 37Remuneration of solicitors and counsel
- 38Adaptation for purposes of Part III of rights to indemnity
- 38ARestriction of disclosure of information
- 39Interpretation of Part III
- Part IV: MISCELLANEOUS
- 40Exemption from stamp duty
- 41Applications to Crown
- 42Amendments, repeals and revocations
- Schedule 1: PROCEEDINGS FOR WHICH LEGAL AID MAY BE GIVEN UNDER ARTICLE 9
- Part I: DESCRIPTION OF PROCEEDINGS
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 2BParagraph 2B
- 3Paragraph 3
- 4Paragraph 4
- Paragraph
- 6Paragraph 6
- 6AParagraph 6A
- 6BParagraph 6B
- 6CParagraph 6C
- 7Paragraph 7
- 8Paragraph 8
- Part II: EXCEPTED PROCEEDINGS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Schedule 2: REMUNERATION OF PERSONS GIVING LEGAL AID UNDER PART II OF THIS ORDER
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule Schedule
- Schedule Schedule