Legal Advice and Assistance (Amendment No. 3) Regulations (Northern Ireland) 2004

Statutory Rules of Northern Ireland

2004 No. 169

LEGAL AID AND ADVICE

Legal Advice and Assistance (Amendment No. 3) Regulations (Northern Ireland) 2004

Made

30th March 2004

To be laid before Parliament

Coming into operation

1st May 2004

The Lord Chancellor, in exercise of the powers conferred by Articles 5(3)(a), 22(1) and 27 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(1), and now vested in him(2), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Legal Advice and Assistance (Amendment No. 3) Regulations (Northern Ireland) 2004 and shall come into operation on 1st May 2004.

Assistance by way of representation for certain applications under the Sexual Offences Act 2003

2.  For paragraph 2(k) of Schedule 3 to the Legal Advice and Assistance Regulations (Northern Ireland) 1981(3) there shall be substituted the following new provision –

“(k)for an order under sections 89, 90, 97, 100, 104, 108, 109, 114, 118, 123, 125 or 126 of the Sexual Offences Act 2003(4)”.

Signed by authority of the Lord Chancellor

Lord Filkin

Parliamentary Under-Secretary of State,

Department for Constitutional Affairs

Dated 30th March 2004.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend Schedule 3 to the Legal Advice and Assistance Regulations (Northern Ireland) 1981 to replace proceedings for a sex offender order under Article 6 of the Criminal Justice (Northern Ireland) Order 1998 with specified proceedings under the Sexual Offences Act 2003 as proceedings which attract assistance by way of representation.

(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 amendment was made by S.R. 1999 No. 200