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Statutory Rules of Northern Ireland

2003 No. 437

LEGAL AID AND ADVICE

Legal Advice and Assistance (Amendment) Regulations (Northern Ireland) 2003

Made

6th October 2003

To be laid before Parliament

Coming into operation

1st November 2003

The Lord Chancellor, in exercise of the powers conferred by Articles 5, 6, 8 and 22 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(1) and now vested in him(2), hereby makes the following Regulations: –

Citation and commencement

1.—(1) These regulations may be cited as the Legal Advice and Assistance (Amendment) Regulations (Northern Ireland) 2003.

(2) These regulations shall come into operation on 1st November 2003.

Powers exercisable by secretaries

2.—(1) Regulation 4 of the Legal Advice and Assistance Regulations (Northern Ireland) 1981(3) (which enables certain functions of a committee to be performed by its secretary) shall cease to have effect.

(2) In regulation 16 of those regulations (which enables the secretary of a committee to approve assistance by way of representation) the words “on behalf of his committee” shall cease to have effect.

Signed by authority of the Lord Chancellor

Lord Filkin

Parliamentary Under Secretary of State

Department of Constitutional Affairs

Dated 6th October 2003

Explanatory Note

(This note is not part of the Regulations.)

These regulations amend the Legal Advice and Assistance Regulations (Northern Ireland) 1981 (“the 1981 regulations”).

Regulations 4 and 16 of the 1981 regulations allow the secretary to a committee to perform certain functions on behalf of the committee. Those functions are transferred to the Northern Ireland Legal Services Commission by the Access to Justice (Northern Ireland) Order 2003. Regulation 4 of the 1981 regulations is revoked, and regulation 16 is amended, in the light of the general powers of the Commission to delegate its functions under Article 7 of that Order.

(3)

S.R. 1981 No. 366, regulation 16 of which was amended by S.R. 1983 No. 29, and to which other amendments, not relevant to these regulations, have been made