The Criminal Defence Services (Remuneration) Order (Northern Ireland) 2016

Interpretation

2.  In this Order, unless the context otherwise requires –

“the 1980 Act” means the Criminal Appeal (Northern Ireland) Act 1980(1);

“criminal defence services” has the meaning given by Article 21(1) of the 2003 Order;

“the Department” means the Department of Justice;

“disbursements” means travelling and witness expenses and other out of pocket expenses incurred by a solicitor in providing criminal defence services;

“fee-earner” means a solicitor or any clerk who regularly does work for which it is appropriate to make a direct charge to the client;

“the 2003 Order” means the Access to Justice (Northern Ireland) Order 2003;

“relevant proceedings” means the proceedings listed in Schedule 2 to the Access to Justice (2003 Order) (Commencement No. 8) Order (Northern Ireland) 2015(2);

“remuneration” means –

(a)

in the case of a solicitor, the fees and disbursements payable under Article 24(3) of the 2003 Order,

(b)

in the case of counsel, the fees payable under that provision,

and, in either case, includes the fees payable to the representative under Article 23(3) of that Order for any advice and assistance provided under regulation 4 of the Criminal Defence Services (General) Regulations (Northern Ireland) 2016(3);

“representative” means a solicitor or counsel who has been selected by an individual under Article 30(1) of the 2003 Order;

“right to representation” means a right to representation granted under Article 26(1) or (5) of the 2003 Order;

“the Taxing Master” means the Master (Taxing Office).

(1)

1980 c. 47. Sections 19 and 37 of, together with paragraph 1 of Schedule 1 to, the 1980 Act were repealed by the Access to Justice (2003 Order) (Commencement No. 8) Order (Northern Ireland) 2015 – S.R. 2015 No. 237 (C. 17)

(2)

S.R. 2015 No. 237 (C. 17)

(3)

S.R. 2016 No. 197