Legal Advice and Assistance (Financial Conditions) Regulations (Northern Ireland) 2009

Statutory Rules of Northern Ireland

2009 No. 103

Legal Aid And Advice

Legal Advice and Assistance (Financial Conditions) Regulations (Northern Ireland) 2009

Made

11th March 2009

Coming into operation

6th April 2009

To be laid before Parliament

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by Articles 3(2), 7(3), 22 and 27 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(1) and now vested in him(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Legal Advice and Assistance (Financial Conditions) Regulations (Northern Ireland) 2009 and shall come into operation on 6th April 2009.

(2) In these Regulations, “the Order” means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

Revocation

2.  The Legal Advice and Assistance (Financial Conditions) Regulations (Northern Ireland) 2008(3) are hereby revoked.

Persons eligible for advice and assistance

3.  For the weekly sum of “£223” specified in Article 3(1) of the Order(4) there shall be substituted the weekly sum of “£234”.

Contributions from persons receiving advice and assistance

4.  For the weekly sum of “£95” specified in Article 7(2) of the Order(5) there shall be substituted the weekly sum of “£100”.

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

Dated 11th March 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 so as to:

(a)increase the upper income limit to make legal advice and assistance available to those with disposable income of not more than £234 a week (instead of £223);

(b)increase the lower income limit below which legal advice and assistance is available without payment of a contribution to £100 a week (instead of £95).

No changes are made to the capital limits.

(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”

(4)

Which figure was most recently substituted by S.R. 2008 No. 107

(5)

Which figure was most recently substituted by S.R. 2008 No. 107