2.—(1) The Access to Justice (Northern Ireland) Order 2003 M1 is amended as follows.
(2) In Article 12A(3)(a)(ii) (exceptional case determinations), for “enforceable EU rights” substitute “ rights (as modified from time to time) which form part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018 ”.
(3) Omit paragraph 2(d)(xx) (cross-border disputes) of Schedule 2.
Commencement Information
I1Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
M1S.I. 2003/435 (N.I. 10), as amended by Schedule 2 to the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014 (2014 c. 11 (N.I.)) and S.I. 2014/3298; there are other amending instruments but none is relevant.
3.—(1) The Legal Aid, Sentencing and Punishment of Offenders Act 2012 M2 is amended as follows.
(2) In section 10(3)(a)(ii) (exceptional cases), before “enforceable EU rights” insert “ retained ”.
(3) In section 32(3)(a)(ii) (foreign law), before “enforceable EU rights”, insert “ retained ”.
(4) In section 42(1) (interpretation), after the definition of “representation”, insert—
““retained enforceable EU right” means a right (as modified from time to time) which forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018.”.
(5) Omit paragraph 44 of Part 1 of Schedule 1 (cross-border disputes).
(6) In paragraph 2(2)(b) of Schedule 3 (exceptional case determinations: legal persons), before “enforceable EU rights”, insert “ retained ”.
Commencement Information
I2Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations