Access to Justice (Northern Ireland) Order 2003

Decisions about provision of funded services N.I.

14.—(1) The services which the [F1 Department] may fund as civil legal services are those which the [F1 Department] considers appropriate (subject to Article 12(5) and the priorities set under Article 12(1)).

(2) Any decision as to whether to fund civil legal services for an individual shall—

(a) in the case of representation, be taken—

(i) by the [F2 Director] , or

(ii) in prescribed circumstances, by such person as may be prescribed;

(b) in the case of advice and assistance, be taken by the person from whom the advice or assistance is sought.

[F3 (2A) A grant of representation for an individual for the purposes of proceedings—

(a) shall not be made unless the individual shows there are reasonable grounds for taking, defending or being a party to the proceedings; and

(b) may be refused if, in the particular circumstances of the case, it appears unreasonable that representation should be granted.

(2B) Guidance given to the Director under section3 of the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014 may, in particular, include guidance as to the criteria according to which any decision is to be taken by the Director under paragraph (2A).]

(3) The grant of representation for the purposes of proceedings includes any such advice and assistance as to an appeal—

(a) as may be specified by the [F4 Director] , or

(b) as may be prescribed in relation to representation granted by virtue of paragrah (2)(a)(ii).

(4) The [F5 Department] may fund representation for an individual for a limited period, for the purposes of specified proceedings only, or for the purposes of limited aspects of proceedings, and may amend, withdraw or revoke the representation, or vary or remove any limitation imposed on the representation.

(5) Without prejudice to the generality of paragraph (4), the grant of representation may be limited under that paragraph as regards the persons who may represent the individual to representation only in pursuance of a contract made with the [F5 Department] .

(6) Regulations may—

(a) prohibit the giving of advice or assistance without the approval of the [F6 Director] to the extent that the costs of giving it exceed such limit as may be prescribed;

(b) prohibit the funding of advice or assistance by the [F7 Department] except where it is provided by a person in pursuance of a contract made with the [F7 Department] .

(7) No decision may be taken under this Article to fund advice and assistance for an individual in connection with any proceedings at a time when he has been granted a right to representation in respect of those proceedings under any provision of this Part (but this does not affect paragraph (3) or any assistance included in representation).

F1 Word in art. 14(1) substituted (18.11.2014) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(2)(d)(ii), Sch. 2 para. 6(15)(a) (with ss. 2(3), 9, Sch. 1 para. 3(3)) (but this amendment cannot take effect until the commencement of S.I. 2003/435, art. 14)

F2 Word in art. 14(2)(a)(i) substituted (18.11.2014) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(2)(d)(ii), Sch. 2 para. 6(15)(b) (with ss. 2(3), 9, Sch. 1 para. 3(3)) (but this amendment cannot take effect until the commencement of S.I. 2003/435, art. 14)

F3 Art. 14(2A)(2B) inserted (18.11.2014) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(2)(d)(ii), Sch. 2 para. 6(15)(c) (with ss. 2(3), 9, Sch. 1 para. 3(3)) (but this amendment cannot take effect until the commencement of S.I. 2003/435, art. 14)

F4 Word in art. 14(3)(a) substituted (18.11.2014) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(2)(d)(ii), Sch. 2 para. 6(15)(d) (with ss. 2(3), 9, Sch. 1 para. 3(3)) (but this amendment cannot take effect until the commencement of S.I. 2003/435, art. 14)

F5 Word in art. 14(4)(5) substituted (18.11.2014) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(2)(d)(ii), Sch. 2 para. 6(15)(e) (with ss. 2(3), 9, Sch. 1 para. 3(3)) (but this amendment cannot take effect until the commencement of S.I. 2003/435, art. 14)

F6 Word in art. 14(6)(a) substituted (18.11.2014) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(2)(d)(ii), Sch. 2 para. 6(15)(f) (with ss. 2(3), 9, Sch. 1 para. 3(3)) (but this amendment cannot take effect until the commencement of S.I. 2003/435, art. 14)

F7 Word in art. 14(6)(b) substituted (18.11.2014) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(2)(d)(ii), Sch. 2 para. 6(15)(g) (with ss. 2(3), 9, Sch. 1 para. 3(3)) (but this amendment cannot take effect until the commencement of S.I. 2003/435, art. 14)

Commencement Information

I1 Art. 14 in operation at 1.4.2015 by S.R. 2015/194, art. 2, Sch. (with art. 3)