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Statutory Rules of Northern Ireland

2016 No. 336

Access To Justice

The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2016

Made

19th September 2016

Coming into operation

11th October 2016

The Department of Justice makes the following Order in exercise of the powers conferred by Articles 12(3) and 47 of the Access to Justice (Northern Ireland) Order 2003(1) and now vested in it(2).

In accordance with Article 47(2)(a) of the 2003 Order, the Department has consulted with the Lord Chief Justice, the Law Society and the General Council of the Bar of Northern Ireland.

In accordance with Article 47(1) of the 2003 Order, the Department has had regard to the matters specified in that provision.

Citation and commencement

1.  This Order may be cited as the Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2016 and shall come into operation on 11th October 2016.

Amendments to the Civil Legal Services (Remuneration) Order (Northern Ireland) 2015

2.  Schedule 3 to the Civil Legal Services (Remuneration) Order (Northern Ireland) 2015(3) is amended as follows.

3.  In Part 2, in the heading above Table 1, after “Children (Northern Ireland) Order 1995”, insert—

or Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989(4).

4.  In Part 3, in the heading above Table 10, after “Proceedings regarding an order under sections 89, 90, 97, 100, 104, 108, 109, 114, 118, 123, 125 or 126 of the Sexual Offences Act 2003 and Proceedings under Articles 2 and 4 of the Anti-social Behaviour (Northern Ireland) Order 2004”, insert —

Proceedings before the Care Tribunal under Article 11, 12, 42 or 43 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003(5) or regulation 10 of the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007(6)

Proceedings under Part 13A of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995(7).

Sealed with the Official Seal of the Department of Justice on 19th September 2016.

Legal seal

Claire Sugden

Minister of Justice

EXPLANATORY NOTE

(This note is not part of the Regulations)

This Order amends the Civil Legal Services (Remuneration) Order (Northern Ireland) 2015 by inserting new provisions to provide that remuneration is available under civil legal services for representation in those proceedings referred to in Articles 3 and 4.

The Regulations come into operation on 11th October 2016.

(1)

S.I. 2003/435 (N.I. 10) Articles 12 and 47 of the 2003 Order were amended by section 6 of, and paragraphs 6(12) and (38) of Schedule 2 to, the Legal Aid and Coroners’ Courts Act (Northern Ireland) 2014 – 2014 c. 11 (N.I.)