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Access to Justice (Northern Ireland) Order 2003

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Access to Justice (Northern Ireland) Order 2003 is up to date with all changes known to be in force on or before 20 November 2018. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART I CITATION, COMMENCEMENT AND INTERPRETATION

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 CIVIL LEGAL SERVICES AND CRIMINAL DEFENCE SERVICES

    1. Functions of the Department: general

      1. 3.Exercise of functions of the Department under this Part

      2. 4.Membership of the Commission

      3. 5.Power to replace Commission with two bodies

      4. 6.Planning

      5. 7.Powers of Commission

      6. 8.Guidance

      7. 9.Northern Ireland law and foreign law

    2. Civil legal services

      1. 10.Civil legal services

      2. 11.Funding of civil legal services by Department

      3. 12.Services which may be funded

      4. 12A.Exceptional funding

      5. 13.Individuals for whom services may be funded

      6. 14.Decisions about provision of funded services

      7. 15.Regulations as to procedures for funding decisions

      8. 16.Procedure relating to funding code

      9. 17.Terms of provision of funded services

      10. 18.Costs orders against assisted parties

      11. 19.Costs of successful unassisted parties

      12. 20.Regulations about costs in funded cases

      13. 20A.Appeal panels

    3. Criminal defence services

      1. 21.Criminal defence services

      2. 22.Criminal defence services: code of conduct

      3. 23.Advice and assistance

      4. 24.Representation

      5. 25.Individuals to whom right to representation may be granted

      6. 26.Grant of right to representation by court

      7. 27.Grant of right to representation by Commission

      8. 28.Appeals

      9. 29.Criteria for grant of right to representation

      10. 30.Selection of representative

      11. 31.Terms of provision of funded services

    4. Supplementary

      1. 32.Restriction of disclosure of information

      2. 33.Misrepresentation etc.

      3. 34.Position of service providers and other parties etc.

      4. 35.Solicitors and barristers

      5. 36.Register of persons providing services

  4. PART III OTHER FUNDING OF LEGAL SERVICES

    1. Conditional fee and litigation funding agreements

      1. 37.Interpretation of Part III

      2. 38.Conditional fee agreements

      3. 39.Conditional fee agreements: supplementary

      4. 40.Litigation funding agreements

      5. 41.Litigation funding agreements: the Commission

      6. 42.Litigation funding agreements: costs

    2. Costs

      1. 43.Recovery of insurance premiums by way of costs

      2. 44.Recovery where body undertakes to meet cost liabilities

  5. PART IV SUPPLEMENTARY

    1. 45.Application to Crown

    2. 46.Orders, regulations and directions

    3. 47.Remuneration orders

    4. 48.Transitional provisions and savings

    5. Article 49—Amendments and repeals

  6. SCHEDULES

    1. SCHEDULE 1

      NORTHERN IRELAND LEGAL SERVICES COMMISSION

      1. Incorporation and status

        1. 1.(1) The Commission shall be a body corporate.

        2. 2.The Commission shall not be regarded— (a) as the servant...

      2. Tenure of members

        1. 3.(1) Subject to paragraphs 4 and 5, any member of...

        2. 4.(1) A member of the Commission may resign office by...

        3. 5.The Lord Chancellor may terminate the appointment of a member...

        4. 6.(1) Subject to sub-paragraphs (2) to (5), the member appointed...

      3. Members' interests

        1. 7.(1) Before appointing a person to be a member of...

        2. 8.(1) A member of the Commission who is in any...

        3. 9.Remuneration

        4. 10.Staff

        5. 11.(1) The Commission shall make, in respect of such of...

        6. 12.Funding of costs relating to administration etc.

        7. 13.Proceedings

      4. Provision of information

        1. 14.(1) The Commission shall provide the Lord Chancellor with such...

      5. Annual report

        1. 15.(1) The Commission shall provide to the Lord Chancellor, as...

      6. Annual plan

        1. 16.(1) The Commission shall, before the beginning of each financial...

      7. Accounts and audit

        1. 17.(1) The Commission shall keep accounts and shall prepare in...

      8. Instruments

        1. 18.(1) The fixing of the seal of the Commission shall...

    2. SCHEDULE 2

      CIVIL LEGAL SERVICES: EXCLUDED SERVICES

      1. 1.The Department may not fund services consisting of the provision...

      2. 2.The Department may not fund services consisting of representation in...

      3. 3.(1) These are the proceedings under the Proceeds of Crime...

      4. 4.Subject to paragraph 5, the following services may not be...

      5. 5.Notwithstanding paragraph 4, the making of a counterclaim for defamation...

      6. 6.The Department may not fund services consisting of the provision...

    3. SCHEDULE 3

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. Interpretation

        1. 1.In this Schedule— “the 1981 Order” means the Legal Aid,...

      2. Rights, obligations and property

        1. 2.(1) Subject to paragraphs 3 and 9, on the first...

      3. The Legal Aid Fund

        1. 3.(1) On the first appointed day the legal aid fund...

      4. Part II of the 1981 Order

        1. 4.(1) The provisions of this paragraph shall have effect if...

      5. Part III of the 1981 Order

        1. 5.(1) The provisions of this paragraph shall have effect if...

      6. Commission's annual plan and annual report

        1. 6.(1) Where the Commission exercises any functions by virtue of...

      7. Grants and approvals under the 1981 Order

        1. 7.(1) Any grant of legal aid under Part II of...

      8. Chief Executive of the Commission

        1. 8.(1) Notwithstanding anything in paragraph 10 of Schedule 1, the...

      9. The Commission: transfers of employment

        1. 9.(1) The Commission shall make, not later than such date...

        2. 10.(1) Where a person becomes an employee of the Commission...

        3. 11.(1) Any dispute as to whether an offer purporting to...

      10. Pensions

        1. 12.Any arrangements made by the Law Society under Article 21...

      11. Assistance with functions

        1. 13.(1) The Law Society shall give to the Commission all...

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