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Statutory Rules of Northern Ireland
Access To Justice
Made
11th February 2019
Coming into operation
4th March 2019
1. These Regulations may be cited as the Civil Legal Services (General) (Amendment) Regulations (Northern Ireland) 2019 and shall come into operation on 4th March 2019.
2. The Civil Legal Services (General) Regulations (Northern Ireland) 2015(3) are amended as follows.
3. In regulation 2, for the definition of “assessing authority”, substitute—
““assessing authority” means—
in respect of advice and assistance and representation (lower courts), the supplier,
in respect of representation (higher courts) and exceptional funding, the Director;”.
4. In regulation 15(10), for “an assessing authority to re-determine”, substitute “a re-determination of”.
5. In regulation 17(6), for “without reference to an assessing authority”, substitute “without reference to a determination in respect of an applicant’s disposable income or capital”.
6. In regulation 41—
(a)in sub-paragraph (3), omit “or an assessing authority”; and
(b)in sub-paragraph (4), omit “or an assessing authority”.
7. In regulation 42(1), omit “submit so much of the application as is relevant to an assessing authority to”.
8. In regulation 49—
(a)in sub-paragraph (2), omit “or an assessing authority”; and
(b)in sub-paragraph (3), omit “or an assessing authority”.
9. In regulation 50(1), omit “submit so much of the application as is relevant to an assessing authority to”.
(This note is not part of the Regulations)
These Regulations amend the Civil Legal Services (General) Regulations (Northern Ireland) 2015. The purpose of these amending Regulations is to make technical amendments to allow for financial eligibility assessments in respect of certain applications for civil legal aid to be carried out by the Director of Legal Aid Casework in place of a person appointed by the Department for Communities. The Regulations come into operation on 4th March 2019.
S.I. 2003/435 (N.I. 10). Article 15 of the 2003 Order was substituted by section 6 of, and paragraph 6(16) of Schedule 2 to, the Legal Aid and Coroners’ Courts Act (Northern Ireland) 2014.
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