The Legal Aid (Northern Ireland) Order 2005

The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8)

1.  In Article 4(2) after sub-paragraph (a) insert—

“(aa) at a time when—

(i) the Commission has informed him that legal aid is available to him in connection with those proceedings under a direction given under Article 10A(1)(a) or an authorisation given under Article 10A(2)(a); or

(ii) the Lord Chancellor has informed him that legal aid is available to him in connection with those proceedings under an authorisation given under Article 10A(2)(b).

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.”.

2.  In Article 13(3) for “Article 10(6)(b)” substitute “Article 15A(b)” .

3.  After Article 15 insert—

“Legal aid not to affect normal rules

15A.   Except as expressly provided by this Part or by regulations made under it—

(a) the fact that the services of counsel or a solicitor are given by way of legal aid does not affect the relationship between or rights of counsel, solicitor and client or any privilege arising out of such a relationship; and

(b) the rights conferred by or under this Part on a person receiving legal aid are not to affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of any court or tribunal is normally exercised.”.

4.  In Article 26(3) after “12” insert “or a direction or authorization under Article 10A”.

5.  In Article 33(1) for “Department of Health and Social Services” substitute “Department for Social Development”.

6.  In the heading of Schedule 1 for “PART II OF THIS ORDER” substitute “ARTICLE 9”.