Statutory Rules of Northern Ireland
2005 No. 113
LEGAL AID AND ADVICE
The Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2005
Made
9th March 2005
To be laid before Parliament
Coming into operation
4th April 2005
The Lord Chancellor, in exercise of the powers conferred by Article 36(3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(1), and now vested in him(2), after consultation with the Lord Chief Justice, the Attorney General and the Crown Court Rules Committee and with the approval of the Treasury, hereby makes the following Rules:
Citation and commencement
1. These Rules may be cited as the Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2005 and shall come into operation on 4th April 2005.
Interpretation
2. In these Rules “the principal rules” means the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992(3).
Amendment to the principal rules
3.—(1) For rule 4(1) of the principal rules there shall be substituted the following new provision –
“Subject to paragraphs (1A) and (1B), 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(1A) of the principal rules there shall be inserted –
“(1B) These Rules shall not apply to costs in respect of work done under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Order on or after 4th April 2005.”
Signed by authority of the Lord Chancellor
Baroness Ashton of Upholland
Parliamentary Under-Secretary of State,
Department for Constitutional Affairs
Dated 9th March 2005
We approve
Jim Murphy
Joan Ryan
Two of the Lord’s Commissioners of Her Majesty’s Treasury
Dated 14th March 2005
Explanatory Note
(This note is not part of the Rules.)
These Rules amend the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992 to provide that those rules do not apply to the determination of costs in respect of Crown Court proceedings.
The remuneration for solicitors and counsel assigned under Article 29, or deemed to have been granted under Article 36(2), of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 in respect of cases in the Crown Court is prescribed under the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005.
S.I. 1981/228 (N.I. 8)
S.I. 1982/159
S.R. 1992 No. 314, which was amended by S.R. 2003 No. 511 and to which there have been other amendments not relevant to these rules