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The Access to Justice (2003 Order) (Commencement No. 9) Order (Northern Ireland) 2016

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Statutory Rules of Northern Ireland

2016 No. 199 (C. 12)

Access To Justice

The Access to Justice (2003 Order) (Commencement No. 9) Order (Northern Ireland) 2016

Made

23rd March 2016

Coming into operation

24th March 2016

The Department of Justice makes the following Order in exercise of the powers conferred by Articles 1(2) and 48(1) of the Access to Justice (Northern Ireland) Order 2003(1), and now vested in it(2).

Citation and interpretation

1.  This Order may be cited as the Access to Justice (2003 Order) (Commencement No. 9) Order (Northern Ireland) 2016.

Commencement of provisions in the Access to Justice (Northern Ireland) Order 2003

2.—(1) Subject to paragraph (2), the provisions in the Access to Justice (Northern Ireland) Order 2003 specified in the Schedule to this Order shall come into operation on 24th March 2016.

(2) The commencement of the provisions specified in the Schedule has effect only in respect of the grant by the Court of Appeal of a right to representation for the proceedings specified in Schedule 2 to the Access to Justice (2003 Order) (Commencement No. 8) Order (Northern Ireland) 2015(3).

Sealed with the Official Seal of the Department of Justice on 23rd March 2016

Legal seal

David Ford

Minister of Justice

Article 2(1)

SCHEDULEPROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 24th MARCH 2016

Provisions of the Access to Justice (Northern Ireland) Order 2003Subject matter of provision
Article 23(1)(b)(ii) and (iii) and (3)Advice and assistance
Article 26(2), (3) and (5)Grant of right to representation by court
Schedule 5, the entries in respect of—Repeals – Extent of repeal
The Criminal Appeal (Northern Ireland) Act 1980

In section 7(4), the words “legal aid for”. In section 28(2), paragraph (a) and the words “in the case of expenses within paragraph (a), by the Lord Chancellor and, in any other case”.

Section 28(2A) to (2G).

Section 45(2)(e) and (3)(c).

EXPLANATORY NOTE

(This note is not part of the Order)

The Access to Justice (2003 Order) (Commencement No. 8) Order (Northern Ireland) 2015 brought into operation certain provisions of the Access to Justice (Northern Ireland) Order 2003 regarding criminal defence services. This Order brings into operation on 24th March 2016 certain further provisions regarding such services.

The provisions are commenced only in respect of appeals, including applications for leave to appeal, brought under Part 1 (appeal to the Court of Appeal from the Crown Court) and Part 2 (appeal to the Supreme Court from the Court of Appeal) of the Criminal Appeal (Northern Ireland) Act 1980, and the other proceedings specified in Schedule 2 to the Commencement No. 8 Order. There are also consequential repeals of the remaining legal aid provisions in the 1980 Act.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision of the Access to Justice (Northern Ireland) OrderDate of CommencementStatutory Rule Number
Article 3(1) and (4) partially28th July 2003S.R. 2003 No. 344
Article 428th July 2003
Article 48(2) and (3) partially28th July 2003
Schedule 1, paragraphs 1 to 11, 13 and 1428th July 2003
Schedule 3, paragraphs 8 to 1128th July 2003
Article 3(1), (2), (3) and (4)1st November 2003
Article 7(1) to (5)1st November 2003
Article 81st November 2003
Article 46(1) and (3)1st November 2003(As amended by S.R. 2003 No. 439)
Article 48(2) and (3)1st November 2003
Schedule 49(1) and (2) partially1st November 2003
Schedule 1, paragraphs 12(1)(b) and (2) and paragraphs 15 to 181st November 2003
Schedule 3, paragraphs 1 to 7, 12 and 131st November 2003
Schedule 4, paragraphs 10(a) and 171st November 2003
Schedule 5 partially1st November 2003
Article 12(8) to (11)2nd November 2003S.R. 2003 No. 440
Article 49(1) and (2) partially2nd November 2003
Schedule 4, paragraphs 6(1) and (2)2nd November 2003
Schedule 5 partially2nd November 2003
Schedule 4, paragraphs 6(3)9th March 2005 and 29th August 2009S.R. 2005 No. 111, as amended by S.R. 2009 No. 312
Article 46(2)9th November 2005S.R. 2005 No. 503
Schedule 4, paragraph 1520th March 2006S.R. 2006 No. 27
Schedule 5 partially20th March 2006
Article 61st April 2015S.R. 2015 No. 194
Article 7(6) and (7)1st April 2015
Article 91st April 2015
Articles 10 to 20A1st April 2015
Articles 32 to 361st April 2015
Article 471st April 2015
Schedule 21st April 2015
Schedule 4 partially1st April 2015
Schedule 5 partially1st April 2015
Article 21(1)(b) and (2)1st May 2015S.R. 2015 No. 237
Article 24(1) and (3) to (5)1st May 2015
Article 25(1)(a) and (b), (2)(b)(i) and (e) and (f)1st May 2015
Article 26(1) and (8)1st May 2015
Article 291st May 2015
Article 30(1)1st May 2015
Schedule 5 partially1st May 2015

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