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The Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2003

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Citation and commencement

1.  These Rules may be cited as the Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2003 and shall come into operation on 26th December 2003.

Interpretation

2.  In these Rules “the principal rules” means the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992(1).

Amendment to the principal rules

3.  Rule 2 of the principal rules (interpretation) shall be amended as follows: –

(1) After the definition of “counsel” there shall be inserted the following definition –

“court-ordered youth conference” has the meaning given by Article 33A(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998(2);; and

(2) After the definition of “disbursements” there shall be inserted the following definition –

“diversionary youth conferences” has the meaning given by Article 10A(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;.

4.—(1) For rule 4(1) of the principal rules there shall be substituted the following new provision –

  • Subject to paragraph (1A), costs in respect of work done under a criminal aid certificate shall be determined by the appropriate authority in accordance with these Rules and having regard to such directions as may be issued by the Lord Chancellor.

(2) After rule 4(1) of the principal rules there shall be inserted –

(1A) These Rules shall not apply to costs in respect of work done in relation to a diversionary youth conference under a criminal aid certificate granted under Article 28A of the Order, nor in relation to attendance at a court-ordered youth conference under a criminal aid certificate granted under Articles 28, 29 or 30 of the Order..

Signed by authority of the Lord Chancellor

Lord Filkin

Parliamentary Under-Secretary of State,

Department for Constitutional Affairs

Dated 1st December 2003

We approve

Nick Ainger

John Heppell

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

Dated 4th December 2003

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