Statutory Rules of Northern Ireland

2004 No. 180

LEGAL AID AND ADVICE

Legal Advice and Assistance (Amendment No. 4) Regulations (Northern Ireland) 2004

Made

4th April 2004

To be laid before Parliament

Coming into operation

17th 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. 4) Regulations (Northern Ireland) 2004 and shall come into operation on 17th May 2004.

Assistance by way of representation for certain cases under the Prison and Young Offenders Centre Rules (Northern Ireland) 1995

2. Regulation 17(3)(b) of the Legal Advice and Assistance Regulations (Northern Ireland) 1981(3) shall be amended as follows –

(1) After the words “the subject of the hearing”, in sub-paragraph (v), there shall be added the word “, or”;

(2) After sub-paragraph (v), there shall be added the following sub-paragraph –

“(vi)in respect of proceedings under Part XIIIA of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995(4)”.

Signed by authority of the Lord Chancellor

Lord Filkin

Parliamentary Under-Secretary of State,

Department for Constitutional Affairs

Dated 4th April 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend regulation 17(3) of the Legal Advice and Assistance Regulations (Northern Ireland) 1981 to include proceedings under Part XIIIA of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995 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. 2002 No. 212

(4)

S.R. 1995 No. 8; to which the most recent relevant amendment was made by S.R. 2004 No. 4