Search Legislation

The Civil Legal Services (General) Regulations (Northern Ireland) 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: PART 1

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Civil Legal Services (General) Regulations (Northern Ireland) 2015, PART 1 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 1 N.I.GENERAL

Citation, commencement and revocationsN.I.

1.—(1) These Regulations may be cited as the Civil Legal Services (General) Regulations (Northern Ireland) 2015 and shall come into operation on 1st April 2015.

(2) Subject to paragraph (3), the instruments set out in the Schedule to these Regulations shall be revoked to the extent shown in that Schedule.

(3) Nothing in the provisions revoked by these Regulations shall take effect in relation to any of the circumstances to which Article 3(1)(a) to (d) of the Access to Justice (2003 Order) (Commencement No. 7, Transitional Provisions and Savings) Order (Northern Ireland) 2015 F1.

F1S.R. 2015 No. 194 (C. 13)

InterpretationN.I.

2.  In these Regulations, unless the context otherwise requires—

  • “advice”, “assistance” and “representation” have the respective meanings given by Article 2(2) of the Order;

  • the Appeal Regulations” means the Civil Legal Services (Appeal) Regulations (Northern Ireland) 2015 F2;

  • applicant” means an individual who applies for civil legal services;

  • application” means an application to receive funded services made by or on behalf of an individual in accordance with these Regulations;

  • [F3“assessing authority” means—

    (a)

    in respect of advice and assistance and representation (lower courts), the supplier,

    (b)

    in respect of representation (higher courts) and exceptional funding, the Director;]

  • assisted party” means an individual in receipt of advice and assistance, or in respect of whom a certificate, or emergency certificate, is in force;

  • certificate” means a certificate issued under regulation 16 certifying a decision to fund representation for an individual, and “emergency certificate” means a certificate issued under regulation 17 certifying a decision to fund representation for an individual in a case of emergency;

  • civil legal services” has the meaning given by Article 10 of the Order;

  • civil partner” has the meaning given by section 1 of the Civil Partnership Act 2004 F4;

  • child” has the meaning given by Article 2(2) of the Order;

  • contribution” means the amount of an individual's contribution under the Financial Regulations;

  • costs” means, in the case of a solicitor, the remuneration and disbursements payable under the Remuneration Order and, in the case of counsel, the remuneration payable under that provision;

  • the Costs Regulations” means the Civil Legal Services (Costs) Regulations (Northern Ireland) 2015 F5;

  • the court” includes the Supreme Court of the United Kingdom, the Court of Judicature, the county court, the magistrates' court and any tribunal in Northern Ireland;

  • counsel” means a barrister called to the Bar of Northern Ireland, holding a current practising certificate;

  • the Department” means the Department of Justice;

  • the Director” means the Director of Legal Aid Casework designated by the Department under section 2 of the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014 F6;

  • the Financial Regulations” means the Civil Legal Services (Financial) Regulations (Northern Ireland) 2015 F7;

  • in writing” includes a reference to an electronic communication;

  • the Mental Health Review Tribunal” means the Mental Health Review Tribunal for Northern Ireland constituted under Article 70 of, and Schedule 3 to, the Mental Health (Northern Ireland) Order 1986 F8;

  • “next friend” and “guardian ad litem” have the respective meanings given by—

    (a)

    Part 2 of Order 3 of the County Court Rules (Northern Ireland) 1981 F9, in relation to proceedings brought in the county court, and

    (b)

    Order 80 of the Court of Judicature Rules (Northern Ireland) 1980 F10, in relation to proceedings brought in the High Court;

  • the Order” means the Access to Justice (Northern Ireland) Order 2003 F11;

  • patient” has the meaning given by Article 2 of the Mental Health (Northern Ireland) Order 1986;

  • the Remuneration Order” means the Civil Legal Services (Remuneration) Order (Northern Ireland) 2015 F12;

  • representation (higher courts)” means representation in proceedings—

    (a)

    in the county court, the High Court, the Court of Appeal or the Supreme Court;

    (b)

    before any person to whom a case is referred (in whole or in part) in any proceedings within paragraph (a);

    (c)

    in the Crown Court to the extent specified in paragraph 2(ba), (bb) or (c) of Schedule 2 to the Order;

    (d)

    before the Proscribed Organisations Appeal Commission, the Lands Tribunal for Northern Ireland or the Special Immigration Appeals Commission;

    (e)

    before the First-Tier Tribunal to the extent specified in paragraph 2(ia) of Schedule 2 to the Order;

    (f)

    before the Upper Tribunal to the extent specified in paragraph 2(ib) of Schedule 2 to the Order; or

    (g)

    in the Enforcement of Judgments Office to the extent specified in paragraph 2(j) of Schedule 2 to the Order;

  • representation (lower courts)” means representation in proceedings—

    (a)

    in a court of summary jurisdiction to the extent specified in paragraph 2(d) and (hh) of Schedule 2 to the Order; or

    (b)

    before the Mental Health Review Tribunal;

  • the Statutory Charge Regulations” means the Civil Legal Services (Statutory Charge) Regulations (Northern Ireland) 2015 F13;

  • supplier” means the solicitor or counsel, where applicable, being requested to provide funded services to an individual;

  • vexatious litigant” means an individual in respect of whom an order has been made by the Court of Judicature under section 32 of the Judicature (Northern Ireland) Act 1978 F14.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources