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Legal Advice and Assistance (Amendment) Regulations (Northern Ireland) 1998

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Statutory Rules of Northern Ireland

1998 No. 90

LEGAL AID AND ADVICE

Legal Advice and Assistance (Amendment) Regulations (Northern Ireland) 1998

Made

4th March 1998

To be laid before Parliament

Coming into operation

6th April 1998

The Lord Chancellor, in exercise of the powers conferred by Articles 7(2), 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 Advice and Assistance (Amendment) Regulations (Northern Ireland) 1998 and shall come into operation on 6th April 1998.

(2) In these Regulations a Schedule referred to by a number means the Schedule so numbered in the Legal Advice and Assistance Regulations (Northern Ireland) 1981(3).

Revocation

2.  The Legal Advice and Assistance (Amendment) Regulations (Northern Ireland) 1997(4) are hereby revoked.

Amendment to Schedule 1

3.—(1) In paragraph 8(b)(ii) of Schedule 1, after the first occurrence of the word “relative”, there shall be inserted the words “aged 18 or under”.

(2) At the end of paragraph 8(b)(ii) of Schedule 1, there shall be inserted the following—

(iii)in the case of a dependent child or a dependent relative aged 19 or over, at a rate equivalent to the amount which would have been specified for the time being in accordance with paragraph 8(b)(ii) immediately before he attained the age of 19..

Amendment to Schedule 2

4.  For the table set out in Schedule 2 there shall be substituted the following table—

Disposable Income RangeMaximum Contribution
Exceeding £72 but not exceeding £79£7
Exceeding £79 but not exceeding £86£14
Exceeding £86 but not exceeding £93£21
Exceeding £93 but not exceeding £100£28
Exceeding £100 but not exceeding £107£35
Exceeding £107 but not exceeding £114£42
Exceeding £114 but not exceeding £121£49
Exceeding £121 but not exceeding £128£56
Exceeding £128 but not exceeding £135£63
Exceeding £135 but not exceeding £142£70
Exceeding £142 but not exceeding £149£77
Exceeding £149 but not exceeding £156£84
Exceeding £156 but not exceeding £172£100

Irvine of Lairg, C.

Dated 4th March 1998

We concur

Graham Allen

John McFall

Two of the Lord’s Commissioners of Her Majesty’s Treasury

Dated 10th March 1998

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Legal Advice and Assistance Regulations (Northern Ireland) 1981 so as to:

(a)substitute a new scale of contributions payable for legal advice and assistance under Article 7(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981;

(b)make further provision for a deduction to be made for a dependent child or a dependent relative aged 19 or over when computing the income of a person during the assessment of his resources in respect of an application for advice and assistance.

(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. 366; to which the most recent relevant amendments were made by S.R. 1988 No. 87; S.R. 1993 No. 124; S.R. 1997 No. 91 and S.R. 1997 No. 342

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