Access to Justice (Northern Ireland) Order 2003

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (N.I. 8)

6.—(1) The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 shall be amended as follows.

(2) In Article 15 (solicitors and counsel)—

(a) in paragraph (1) for the words from “there is” to the end substitute “he is for the time being prohibited from doing so by any determination of the General Council of the Bar of Northern Ireland, or by any determination of any such committee as may be established by that Council to determine charges preferred against barristers”, and

(b) omit paragraph (2).

(3) In Article 37 (remuneration of solicitors and counsel assigned to give legal aid under Part III) for the words “to the principle of allowing fair remuneration according to the work reasonably undertaken and properly done” substitute—

“, among the matters which are relevant, to—

(a) the time and skill which work of the description to which the rules relate requires;

(b) the number and general level of competence of persons undertaking work of that description;

(c) the cost to public funds of any provision made by the rules; and

(d) the need to secure value for money,

but nothing in this Article shall require him to have regard to any fees payable to solicitors and counsel otherwise than under this Part.”

(4) In paragraph 6 of Schedule 2 (remuneration of persons giving legal aid under Part II) for the words “to the principle of allowing fair remuneration according to the work reasonably undertaken and properly done” substitute—

“, among the matters which are relevant, to—

(a) the time and skill which work of the description to which the order relates, or the regulations relate, requires;

(b) the number and general level of competence of persons undertaking work of that description;

(c) the cost to public funds of any provision made by the order or regulations; and

(d) the need to secure value for money,

but nothing in this paragraph shall require him to have regard to any fees payable to solicitors and counsel otherwise than under this Schedule.”