Legal Aid, Advice and Assistance (Northern Ireland) Order 1981

SCHEDULES

Article 10.

SCHEDULE 1 N.I. PROCEEDINGS FOR WHICH LEGAL AID MAY BE GIVEN UNDERF1 [F2 ARTICLE 9]

F1 prosp. subst. by 2002 c. 26

F2 2005 NI 19

PART I N.I. DESCRIPTION OF PROCEEDINGS

1.  Proceedings in any of the following courts— N.I.

(a) theF3 House of Lords in the exercise of its jurisdiction in relation to any appeal from Northern Ireland;

F4 (b) the Judicial Committee of the Privy Council in the exercise of its jurisdiction in relation to any appeal or reference from Northern Ireland;

(c) the High Court and the Court of Appeal;

(d) any county court.

F3 prosp. subst. by 2005 c. 4

F4 prosp. rep. by 2005 c. 4

2.  Proceedings before any person to whom a case is referred in whole or in part by any of the courts mentioned in paragraph 1. N.I.

[F5 2A.— (1) The following proceedings in the Crown Court under the Proceeds of Crime Act 2002— N.I.

(a) proceedings which relate to a direction under section 202(3) F6 . . . as to the distribution of funds in the hands of a receiver;

(b) applications under section 210 relating to action taken or proposed to be taken by a receiver;

(c) applications under section 211 to vary or discharge an order under any of sections 196 [F7 to 199] for the appointment of or conferring powers on a receiver;

(d) applications under section 220 or 221 for the payment of compensation;

(e) applications under sections 351(3), 362(3), 369(3) or 375(2) to vary or discharge certain orders made under Part 8.

(2) But sub-paragraph (1) does not apply in relation to a defendant (within the meaning of Part 4 of that Act) in the following proceedings—

(a) proceedings mentioned in [F8 head (a)] of that sub-paragraph;

(b) an application under section 221 for the payment of compensation if the confiscation order was varied under section 179.]

F5 2002 c. 29

F6 Words in Sch. 1 Pt. I para. 2A(1)(a) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 92, 94(1), Sch. 8 para. 148(2), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d)(iv) (subject to transitional and transitory and savings provisions in arts. 3-14)

F7 Words in Sch. 1 Pt. I para. 2A(1)(c) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 94(1), Sch. 8 para. 148(3); S.I. 2008/755, art. 2(1)(a) (subject to transitional and transitory and savings provisions in arts. 3-14)

F8 Words in Sch. 1 Pt. I para. 2A(2)(a) substituted (8.6.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(3)(a), 85(2)

Yn ddilys o 15/02/2010

[F9 2B.   Proceedings in the Crown Court for the variation or discharge of an order under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997.] N.I.

F9 Sch. 1 Pt. I para. 2B inserted (15.2.2010) by Legal Aid (Scope) Regulations (Northern Ireland) 2010 (S.R. 2010/9), reg. 3(a)

3.  The following proceedings in a court of summary jurisdiction, namely—

Sub.‐para.(a) rep. by 1995 NI 2

(b) proceedings for or relating to an order under the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945 [1945 c.14] F10 . . . the Domestic Proceedings (Northern Ireland) Order 1980 [1980 NI 5] [F10 or the Family Homes and Domestic Violence (Northern Ireland) Order 1998[F11 or Schedule 16 to the Civil Partnership Act 2004]];

(c) proceedings under section 22 of the Maintenance Orders Act 1950 [1950 c.37] and section 13 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 [1966 c.35] ;

(d) proceedings under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 [1972 c.18] relating to a maintenance order made by a court of a country outside the United Kingdom, and any such proceedings as are referred to in sub-paragraphF12 . . . ( b) brought by virtue of Part II of the said Act of 1972;

(e) debt or ejectment proceedings within the meaning of[F13 Part VI of the Magistrates' Courts (Northern Ireland) Order 1981], other than proceedings under[F13 Article 62(2) of that Order];

[F12 (f) proceedings underF14 . . . the Children (Northern Ireland) Order 1995;]

(g) proceedings under Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972 [1972 NI 14] and [F15 section 101 of the Social Security Administration (Northern Ireland) Act 1992].

[F16 (h) appeals under Article 22 of the Child Support (Northern Ireland) Order 1991, so far as such appeals are to be made to a court of summary jurisdiction by virtue of Article 2 of the Child Support Appeals (Jurisdiction of Courts) Order (Northern Ireland) 1993, and proceedings under Article 28 of the Child Support (Northern Ireland) Order 1991]

[F17 (i) proceedings under paragraphs 3, 5, 6, 9 and 10 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.]

[F18 (j) proceedings under sections 295, 297, 298, 301 and 302 of the Proceeds of Crime Act 2002]

[F19 (k) proceedings for, or relating to, an anti-social behaviour order under Article 3 or 4 of the Anti-social Behaviour (Northern Ireland) Order 2004;]

F10 1998 NI 6

F11 2004 c. 33

F12 1995 NI 2

F13 1981 NI 26

F14 1998 NI 9

F15 1992 c. 9

F16 SR 1993/137

F17 2001 c. 24

F18 2002 c. 29

F19 2004 NI 12

4.  Proceedings in the Restrictive Practices Court under Part III of the Fair Trading Act 1973 [1973 c.41] , and any proceedings in that court in consequence of an order made or undertaking given to the Court, under that Part of the Act. N.I.

Para. 5 rep. by 2002 c. 26

6.  Proceedings in the Lands Tribunal for Northern Ireland. N.I.

[F20 6A.   Proceedings before the Asylum and Immigration Tribunal or the Special Immigration Appeals Commission.]

F20 2004 c. 19

Yn ddilys o 15/02/2010

[F21 6B.   Proceedings before the Upper Tribunal arising out of proceedings within paragraph 6A. N.I.

F21 Sch. 1 Pt. I paras. 6B, 6C inserted (15.2.2010) by Legal Aid (Scope) Regulations (Northern Ireland) 2010 (S.R. 2010/9), reg. 3(d)

Yn ddilys o 15/02/2010

6C.   Proceedings before the Special Immigration Appeals Commission.] N.I.

F21 Sch. 1 Pt. I paras. 6B, 6C inserted (15.2.2010) by Legal Aid (Scope) Regulations (Northern Ireland) 2010 (S.R. 2010/9), reg. 3(d)

7.  Proceedings in the Enforcement of Judgments Office in connection with any proceedings mentioned in the foregoing paragraphs. N.I.

[F22 8.   Proceedings brought by an individual before a Proscribed Organisations Appeal Commission.] N.I.

F22 2000 c. 11

PART II N.I. EXCEPTED PROCEEDINGS

1.  Proceedings in respect of which free legal aid may be given under Part III of this Order. N.I.

2.  Proceedings wholly or partly in respect of— N.I.

Sub‐para. (a) rep. by 1984 NI 14

(b) the loss of the services of a woman or girl in consequence of her rape or seduction.

3.  Proceedings wholly or partly in respect of defamation; but the making of a counterclaim for defamation in proceedings for which legal aid may be given shall not of itself affect any right of a defendant to the counterclaim to legal aid in the proceedings and legal aid may be granted to enable him to defend such counterclaim. N.I.

4.  Relator actions. N.I.

5.  Election petitions under the [F23 Representation of the People Act 1983] or the Electoral Law Act (Northern Ireland) 1962 [1962 c.14] . N.I.

F23 1983 c. 2

6.  Proceedings (other than proceedings referred to in paragraph 7 of Part I) for the recovery of a debt (including liquidated damages) which is admitted where the only question to be brought before the court is as to the time and mode of payment of that debt. N.I.

7.  Proceedings incidental to any proceedings to which the foregoing paragraphs apply. N.I.

8.  Applications to the High Court under section 103A of the Nationality, Immigration and Asylum Act 2002 (including applications which are considered by a member of the Asylum and Immigration Tribunal pursuant to paragraph 30 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004) where the person making the application is the person who made an appeal to the Asylum and Immigration Tribunal under section 82 or 83 of that Act.

9.  Proceedings before the Asylum and Immigration Tribunal for the reconsideration of an appeal pursuant to an order made on application to the High Court under section 103A of the Nationality, Immigration and Asylum Act 2002, where the appellant is the person who made the application to the High Court.

Article 13.

SCHEDULE 2 N.I. REMUNERATION OF PERSONS GIVING LEGAL AID UNDER PART II OF THIS ORDER

1.—(1) The sums allowed to counsel in connection with proceedings in the House of Lords, the Court of Appeal or the High Court, shall be [F24 ninety‐five per cent], or such larger percentage as may be prescribed, of the amount allowed on taxation of the costs. N.I.

(2) The sums allowed to counsel in connection with proceedings in the county court shall—

(a) where the costs are taxed, be the full amount allowed on taxation of the costs;

(b) where the costs are not taxed, be such amounts as the[F25 Lord Chancellor], after consultation with the County Court Rules Committee, may by order determine.

(3) The sums allowed to counsel in connection with proceedings in courts of summary jurisdiction shall be such amounts as the[F25 Lord Chancellor], after consultation with the Magistrates' Courts Rules Committee, may by order determine.

(4) The sums allowed to counsel in any other case shall be such as may be determined in the prescribed manner.

F24 SR 1988/417

F25 SI 1982/159

2.—(1) The sums allowed to a solicitor in connection with proceedings in the House of Lords, the Court of Appeal or the High Court shall be the full amount allowed on taxation of the costs on account of disbursements and [F26 ninety‐five per cent], or such larger percentage as may be prescribed, of the amount so allowed on account of profit costs. N.I.

(2) The sums allowed to a solicitor in connection with proceedings in the county court shall—

(a) where the costs are taxed, be the full amount allowed on taxation of the costs;

(b) where the costs are not taxed, be such amounts as the[F27 Lord Chancellor], after consultation with the County Court Rules Committee, may by order determine.

(3) The sums allowed to solicitors in connection with proceedings in courts of summary jurisdiction shall be such amounts as the[F27 Lord Chancellor], after consultation with the Magistrates' Courts Rules Committee, may by order determine.

(4) The sums allowed to a solicitor in any other case shall be such as may be determined in the prescribed manner.

F26 SR 1988/417

F27 SI 1982/159

3.  For the purpose of sub-paragraphs (1) and (2)( a) of paragraph 1, counsel's fees shall be taxed as if they had been paid by the solicitor, but shall not by reason thereof be treated as disbursements for the purposes of paragraph 2. N.I.

4.  Subject to paragraph 3, [F28 and to any statutory provision to the contrary, costs shall be taxed for the purposes of this Schedule on the standard basis within the meaning of the Rules of the Supreme Court (Northern Ireland) 1980], but no question shall be raised as to the propriety of any act for which prior approval was obtained as required by regulations. N.I.

F28 SR 1988/70

5.  Regulations may provide that for the purposes of this Schedule, instead of costs being taxed in the ordinary way, the amount of the costs shall be fixed (whether by an officer of the court or not) by an assessment made without taxation but with a view to allowing as nearly as may be the same amount as on a taxation. N.I.

6.  The [F29 Lord Chancellor] in exercising any power under this Schedule to make an order as to the amounts of the sums allowed to counsel or a solicitor, and in making any regulations relating to such amounts for the purposes of the Schedule, and any person by whom any such amount is determined under any such order or regulations in any particular case, shall have regardF30 to the principle of allowing fair remuneration according to the work reasonably undertaken and properly done. N.I.

F29 SI 1982/159

F30 prosp. subst. by 2003 NI 10

7.  Orders under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 [1946 c.36] shall apply accordingly.

N.I.

Schedule 3—Amendments

N.I.

Schedule 4—Repeals