Statutory Rules of Northern Ireland
2003 No. 344 (C. 24)
The Access to Justice (Northern Ireland) Order 2003 (Commencement No. 1) Order (Northern Ireland) 2003
Made
15th July 2003
Coming into operation
28th July 2003
The Lord Chancellor, in exercise of the power conferred on him by Article 1(2) of the Access to Justice (Northern Ireland) Order 2003 (1), hereby makes the following Order: –
Citation
1. This Order may be cited as the Access to Justice (Northern Ireland) Order 2003 (Commencement No. 1) Order (Northern Ireland) 2003.
Commencement
2. The day appointed for the coming into operation of Article 3(1) of the Access to Justice (Northern Ireland) Order 2003:
(a)for the purposes set out in Schedule 1 to this Order shall be 28 July 2003; and
(b)for the purpose of the meaning of the phrase “the first appointed day” in paragraph 1 of Schedule 3 to the Access to Justice (Northern Ireland) Order 2003 shall be 1 November 2003.
3. The provisions of the Access to Justice (Northern Ireland) Order 2003 specified in Schedule 1 to this Order shall come into operation on 28 July 2003.
4. The provisions of the Access to Justice (Northern Ireland) Order 2003 specified in Schedule 2 to this Order shall come into operation on 1 November 2003.
Falconer of Thoroton, C.
Dated 15th July 2003
SCHEDULE 1PROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 28th JULY 2003
| Provisions of the Access to Justice (Northern Ireland) Order 2003 | Subject matter of provision |
|---|---|
| Article 3(4) to the extent necessary to bring into operation the provisions of Schedule 1 specified in this Schedule | Northern Ireland Legal Services Commission |
| Article 4 | Membership of the Commission |
| Article 48 (2) and (3) to the extent necessary to bring into operation the provisions of Schedule 3 specified in this Schedule | Transitional Provisions and Savings |
| Schedule 1, paragraphs 1 to 11, 13 and 14 | Northern Ireland Legal Services Commission |
| Schedule 3, paragraphs 8 to 11 | Transitional Provisions and Savings |
SCHEDULE 2PROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 1st NOVEMBER 2003
| Provisions of the Access to Justice (Northern Ireland) Order 2003 | Subject matter of provision |
|---|---|
| Article 3(2), (3) and (4) | Functions of the Commission |
| Article 7(1) to (5) | Powers of Commission |
| Article 8 | Guidance |
| Article 46 (1) to (3) | Orders, regulations and directions |
| Article 48 (2) and (3) | Transitional Provisions and Savings |
| Article 49(1) and (2) to the extent necessary to bring into operation the provisions of Schedules 4 and 5 specified in this Schedule | Minor and Consequential Amendments and Repeals |
| Schedule 1, paragraphs 12(1)(b) and (2) and paragraphs 15 to 18 | Northern Ireland Legal Services Commission |
| Schedule 3, paragraphs 1 to 7 and paragraphs 12 and 13 | Transitional Provisions and Savings |
| Schedule 4, paragraphs 10(a), and 17 | Minor and Consequential Amendments |
| In Schedule 5, in the entry in respect of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, the repeal of Articles 18(1) to (7), and 19. | Repeals |
Explanatory Note
(This note is not part of the Order.)
This Order brings into operation on 28th July 2003 certain provisions of the Access to Justice (Northern Ireland) Order 2003 (the Order) relating to the formation of the Legal Services Commission. Articles 3(4) and 4 of the Order together with Schedule 1 paragraphs 1 to 11 and 13 to 14 of the Order establish the Commission as a body corporate and provide for the appointment of members. Schedule 1 of the Order makes further provisions concerning the membership of the Commission and enables the Commission to regulate its own proceedings. Paragraphs 8 to 11 of Schedule 3 to the Order provide for the Lord Chancellor to appoint the Chief Executive of the Commission and for offers of employment to be made by the Commission to certain employees of the Law Society. It also brings into operation on 1 November 2003 the provisions in respect of the Legal Services Commission which will not already be in operation.
S.I. 2003/435 (N.I. 10)