Legal Aid (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 1997

Statutory Rules of Northern Ireland

1997 No. 343

LEGAL AID AND ADVICE

Legal Aid (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 1997

To be laid before Parliament

Made

18th July 1997

Coming into operation

18th August 1997

The Lord Chancellor, in exercise of the powers conferred by Articles 14, 22 and 27 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(1) and now vested in him(2), and with the concurrence of the Treasury, hereby makes the following Regulations:—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Legal Aid (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 18th August 1997.

(2) In these Regulations, a Schedule referred to by number means the Schedule so numbered in the Legal Aid (Assessment of Resources) Regulations (Northern Ireland) 1981(3).

Transitional provisions

2.  These Regulations shall apply to all determinations and re-determinations made on or after 18th August 1997.

Amendment to Schedule 1

3.  Rule 6 of Schedule 1 shall be amended by adding after sub-paragraph (d) the following sub-paragraph—

“(e) a payment made under Article 15A of the Health and Personal Social Services (Northern Ireland) Order 1972(4).”.

Amendment to Schedule 2

4.  Rule 6B of Schedule 2 shall be amended by adding after sub-paragraph (b), the following sub-paragraph—

“(c) any arrears of payments made under Article 15A of the Health and Personal Social Services (Northern Ireland) Order 1972.”.

Irvine of Lairg, C.

Dated 18th July 1997

We concur

Jim Dowd

Jon Owen Jones

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 25th July 1997

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Legal Aid (Assessment of Resources) Regulations (Northern Ireland) 1981 to provide that a payment made under Article 15A of the Health and Personal Social Services (Northern Ireland) Order 1972 shall be disregarded in computing disposable income and capital.

(1)

S.I. 1981/228 (N.I. 8); Article 27 is an interpretation provision and is recited because of the meaning assigned to the words “prescribed” and “regulations”

(2)

S.I. 1982/159

(3)

S.R. 1981 No. 189; as amended by S.R. 1988 No. 85, S.R. 1992 No. 108, S.R. 1993 No. 122 and S.R. 1996 No. 410

(4)

S.I. 1972/1265 (N.I. 14); Article 15A was inserted by S.I. 1996/1923 (N.I. 19)