The Legal Aid (Northern Ireland) Order 2005

Article 3

SCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS

The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8)

1.  In Article 4(2) after sub-paragraph (a) insert—

“(aa) at a time when—

(i) the Northern Ireland Legal Services Commission has informed him that legal aid is available to him in connection with those proceedings under a direction given under Article 10A(1) or an authorisation given under Article 10A(2)(a); or

(ii) the Lord Chancellor has informed him that legal aid is available to him in connection with those proceedings under an authorisation given under Article 10A(2)(b),

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or”.

2.  In Article 13(3) for “Article 10(6)(b)” substitute “Article 15A(b)” .

3.  After Article 15 insert—

“Legal aid not to affect normal rules

15A.   Except as expressly provided by this Part or by regulations made under it—

(a) the fact that the services of counsel or a solicitor are given by way of legal aid does not affect the relationship between or rights of counsel, solicitor and client or any privilege arising out of such a relationship; and

(b) the rights conferred by or under this Part on a person receiving legal aid are not to affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of any court or tribunal is normally exercised.”.

4.  In Article 26(3) after “12” insert “or a direction or authorisation under Article 10A”.

5.  In Article 33(1) for “Department of Health and Social Services” substitute “Department for Social Development”.

6.  In the heading of Schedule 1 for “PART II OF THIS ORDER” substitute “ARTICLE 9”.

The Access to Justice (Northern Ireland) Order 2003 (NI 10)

7.  Article 12(8) to (11) shall cease to have effect.

8.  After Article 12 insert—

“Exceptional funding

12A— (1) The Lord Chancellor—

(a) may by direction require the Commission to fund the provision of any of the services specified in Schedule 2 in circumstances specified in the direction, and

(b) may authorise the Commission to fund the provision of any of those services in circumstances specified in the authorisation or, if the Commission requests him to do so, in an individual case so specified.

(2) A direction or authorisation under paragraph (1) may impose limitations on the funding of a service specified in Schedule 2, and may, in particular, require or authorise the Commission to fund the service for a limited period, for the purposes of specified proceedings only, or for the purposes of limited aspects of proceedings.

(3) Articles 13 to 20 do not apply to civil legal services funded under a direction or authorisation under paragraph (1) unless they are applied (with or without modifications) by the provisions of the direction or authorisation.

(4) The Lord Chancellor shall either—

(a) publish, or

(b) require the Commission to publish,

any authorisation under paragraph (1)(b), unless it relates to an individual case (in which case he or the Commission may publish it if appropriate).”.