Access to Justice (Northern Ireland) Order 2003

Changes over time for: Paragraph 2

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Access to Justice (Northern Ireland) Order 2003, Paragraph 2 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Sch. 2 para. 2(ic)(id) inserted by 2023 c. 37 s. 56(8)
Sch. 4 para. 10(b)(c) coming into force by S.R. 2015/194 art. 2 Sch. (This amendment is not be applied - relevant text is not available on legislation.gov.uk)
art. 14(2AA) inserted by 2023 c. 37 s. 56(7)
art. 27A inserted by 2011 c. 24 (N.I.) s. 84(2)
art. 27A(1)(2) word substituted by 2014 c. 11 (N.I.) Sch. 2 para. 6(28)
art. 46(5A) inserted by 2011 c. 24 (N.I.) s. 84(4)

2. [F1The Department] may not fund services consisting of representation in any proceedings, except, subject to paragraph 4, such proceedings as are specified in sub-paragraphs (a) to (j)—

(a)proceedings in—

(i)the[F2Supreme Court] in the exercise of its jurisdiction in relation to any appeal from Northern Ireland,

(ii)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)the Court of Appeal,

(iv)the High Court, or

(v)any county court,

(b)proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within sub-paragraph (a),

[F4(ba)proceedings in the Crown Court for the variation or discharge of an order under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997;

(bb)proceedings in the Crown Court for the variation or discharge of a witness anonymity order under section 91 or 92 of the Coroners and Justice Act 2009;]

(c)proceedings in the Crown Court under the Proceeds of Crime Act 2002F5 to the extent specified in paragraph 3,

(d)proceedings in a court of summary jurisdiction—

(i)for or relating to an order under the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945F6 or the Domestic Proceedings (Northern Ireland) Order 1980F7 or the Family Homes and Domestic Violence (Northern Ireland) Order 1998F8[F9 or Schedule 16 to the Civil Partnership Act 2004],

(ii)under section 22 of the Maintenance Orders Act 1950F10 or section 13 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966F11,

(iii)under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972F12 relating to a maintenance order made by a court of a country outside the United Kingdom,

(iv)such as are referred to in paragraph (i) and are brought by virtue of Part II of the Maintenance Orders (Reciprocal Enforcement) Act 1972,

(v)which are debt or ejectment proceedings within the meaning of Part VI of the Magistrates' Courts (Northern Ireland) Order 1981F13, other than proceedings under Article 62(2) of that Order,

(vi)under section 97, 143 or 144(1) of the Children and Young Persons Act (Northern Ireland) 1968F14 or the Children (Northern Ireland) Order 1995F15,

(vii)under Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972F16 or section 101 of the Social Security Administration (Northern Ireland) Act 1992F17,

(viii)which are appeals under Article 22 of the Child Support (Northern Ireland) Order 1991F18, so far as such appeals are to be made to a court of summary jurisdiction by virtue of Article 2 of the Child Support Appeals (Jurisdiction of Courts) Order (Northern Ireland) 1993F19,

(ix)under Article 28 of the Child Support (Northern Ireland) Order 1991,

Sub para. (x) rep. by 2003 c. 42

(xi)for an order or direction under paragraph 3, 5, 6, 9 or 10 of Schedule 1 to the Anti-Terrorism, Crime and Security Act 2001F20,F21. . .

(xii)for an order or direction under section [F22195M,] [F23215A,] 295, 297, [F24297E, 297F,] 298, 301 or 302 of the Proceeds of Crime Act 2002, F25...

[F26(xiii)under section 89, 90, 97, 100, 104, 108, 109, 114, 118, 123, 125 or 126 of the Sexual Offences Act 2003,]

[F27(xiv)for the discharge or variation of an order under section 195M of the Proceeds of Crime Act 2002, or

(xv)which relate to a direction under section 215D of the Proceeds of Crime Act 2002,]

[F28(xvi)for the variation or discharge of an order under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997,

(xvii)for an order or the variation, renewal or discharge of an order under paragraph 5 or 10 of Schedule 5 to the Counter-Terrorism Act 2008,

(xviii)for the discharge of an investigation anonymity order under section 80 of the Coroners and Justice Act 2009,

(xix)for the variation or discharge of a witness anonymity order under section 91 or 92 of the Coroners and Justice Act 2009;]

F29(xx). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F30(xxi)under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015;]

[F31(xxii)under Article 44 or 45 of the Police and Criminal Evidence (Northern Ireland) Order 1989;

(xxiii)under paragraph 29 or 36 of Schedule 8 to the Terrorism Act 2000;

(xxiv)under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;]

[F32(xxv)under paragraph 2, 6 or 7 of Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;

(xxvi)under section 57, 60 or 61 of the Justice Act (Northern Ireland) 2015;]

(e)proceedings in any devolution issue (within the meaning of Schedule 10 to the Northern Ireland Act 1998, Schedule 8 to the Government of Wales Act 1998F33 or Schedule 6 to the Scotland Act 1998F34) before any court in Northern Ireland,

(f)proceedings brought by an individual before the Proscribed Organisations Appeal Commission,

(g)proceedings before the Mental Health Review Tribunal,

(h)proceedings in the Lands Tribunal for Northern Ireland,

[F35(hh)proceedings under Article 3 or 4 of the Anti-social Behaviour (Northern Ireland) Order 2004;]

[F36(i)proceedings before F37... the Special Immigration Appeals Commission,]

[F38(ia)proceedings before the First-tier Tribunal under—

[F39(i)Schedule 10 to the Immigration Act 2016;]

(ii)section 40A of the British Nationality Act 1981;

(iii)Part 5 of the Nationality, Immigration and Asylum Act 2002; or

(iv)regulation 26 of the Immigration (European Economic Area) Regulations 2006,

(ib)proceedings before the Upper Tribunal arising out of proceedings within sub-paragraph (ia),]

(j)proceedings in the Enforcement of Judgments Office in connection with any proceedings mentioned in sub-paragraphs (a) to (i).

[F40(ja)proceedings before the Parole Commissioners for Northern Ireland;

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

(jc)proceedings under Part 13A of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995.]

(k)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1Words in Sch. 2 para. 2 substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(41)(a) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)

F2Words in Sch. 2 para. 2(a)(i) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 84; S.I. 2009/1604, art. 2(a)(d)

F3Sch. 2 para. 2(a)(ii) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 146, 148, Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(f)

F4Sch. 2 para. 2(ba)(bb) inserted (7.1.2013) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 86(2), 111(3); S.R. 2012/449, art. 2(b)