Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 2

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 2:

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Commencement Orders yet to be applied to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981

Commencement Orders bringing legislation that affects this Order into force:

Article 13.

SCHEDULE 2F9F10N.I.REMUNERATION OF PERSONS GIVING LEGAL AID UNDER PART II OF THIS ORDER

F9Order repealed (prosp.) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), arts. 1(2), 49(2), Sch. 5 and the repeal being partly in operation, as to which see individual Articles

F10functions transfered by SI 1982/159

Non-textual amendments applied to the whole Legislation can be found in the Introduction

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[F1 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[F2 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[F2 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.

F1SR 1988/417

F2SI 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[F3 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[F4 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[F4 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.

F3SR 1988/417

F4SI 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,[F5 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.

F5SR 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[F6 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 regardF7 to the principle of allowing fair remuneration according to the work reasonably undertaken and properly done.N.I.

F6SI 1982/159

F7prosp. subst. by 2003 NI 10

7.  Orders under this Schedule shall be subject to [F8negative resolution].N.I.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources