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Access to Justice (Northern Ireland) Order 2003

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This is the original version (as it was originally made).

2.  The Commission may not fund services consisting of representation in any proceedings, except, subject to paragraph 4, such proceedings as are specified in sub-paragraphs (a) to (j)—

(a)proceedings in—

(i)the House of Lords in the exercise of its jurisdiction in relation to any appeal from Northern Ireland,

(ii)the Judicial Committee of the Privy Council in the exercise of its jurisdiction under the Northern Ireland Act 1998(1) or in relation to any appeal or reference from Northern Ireland,

(iii)the Court of Appeal,

(iv)the High Court, or

(v)any county court,

(b)proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within sub-paragraph (a),

(c)proceedings in the Crown Court under the Proceeds of Crime Act 2002(2) to the extent specified in paragraph 3,

(d)proceedings in a court of summary jurisdiction—

(i)for or relating to an order under the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945(3) or the Domestic Proceedings (Northern Ireland) Order 1980(4) or the Family Homes and Domestic Violence (Northern Ireland) Order 1998(5),

(ii)under section 22 of the Maintenance Orders Act 1950(6) or section 13 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966(7),

(iii)under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972(8) relating to a maintenance order made by a court of a country outside the United Kingdom,

(iv)such as are referred to in paragraph (i) and are brought by virtue of Part II of the Maintenance Orders (Reciprocal Enforcement) Act 1972,

(v)which are debt or ejectment proceedings within the meaning of Part VI of the Magistrates' Courts (Northern Ireland) Order 1981(9), other than proceedings under Article 62(2) of that Order,

(vi)under section 97, 143 or 144(1) of the Children and Young Persons Act (Northern Ireland) 1968(10) or the Children (Northern Ireland) Order 1995(11),

(vii)under Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972(12) or section 101 of the Social Security Administration (Northern Ireland) Act 1992(13),

(viii)which are appeals under Article 22 of the Child Support (Northern Ireland) Order 1991(14), 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(15),

(ix)under Article 28 of the Child Support (Northern Ireland) Order 1991,

(x)for a sex offender order under Article 6 of the Criminal Justice (Northern Ireland) Order 1998(16),

(xi)for an order or direction under paragraph 3, 5, 6, 9 or 10 of Schedule 1 to the Anti-Terrorism, Crime and Security Act 2001(17), or

(xii)for an order or direction under section 295, 297, 298, 301 or 302 of the Proceeds of Crime Act 2002,

(e)proceedings in any devolution issue (within the meaning of Schedule 10 to the Northern Ireland Act 1998, Schedule 8 to the Government of Wales Act 1998(18) or Schedule 6 to the Scotland Act 1998(19)) before any court in Northern Ireland,

(f)proceedings brought by an individual before the Proscribed Organisations Appeal Commission,

(g)proceedings before the Mental Health Review Tribunal,

(h)proceedings in the Lands Tribunal for Northern Ireland,

(i)proceedings before an adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002(20), the Immigration Appeal Tribunal or the Special Immigration Appeals Commission, and

(j)proceedings in the Enforcement of Judgments Office in connection with any proceedings mentioned in sub-paragraphs (a) to (i).

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