the need for, and the provision of, civil legal services and criminal defence services, and

the quality of the services provided.

in relation to any time after the coming into operation of Article 21, functions under this Order; and

in relation to any time before the coming into operation of Article 21, functions under this Order and under Part 3 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

is necessary or appropriate for, or for facilitating, the discharge of its F49relevant functions , or

is incidental or conducive to the discharge of F50those functions.

to enter into any contract,

to make grants (with or without conditions),

to make loans,

to invest money,

to promote or assist in the promotion of publicity relating to F52relevant functions ,

to undertake any inquiry or investigation which it may consider appropriate in relation to the discharge of any of F52relevant functions , F53...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the time and skill which the provision of services of the description to which the question relates requires;

the number and general level of competence of persons providing those services;

the cost to public funds of the remuneration of persons or bodies providing those services; and

the need to secure value for money.

civil legal services, or

criminal defence services,

in relation to any time after the coming into operation of Article 21, advice, assistance and representation, other than advice, assistance or representation which the Department is required to fund as criminal defence services; and

in relation to any time before the coming into operation of Article 21, advice, assistance and representation other than representation in proceedings for the purposes of which free legal aid may be given under Part 3 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

are specified in the order,

fall within any of the descriptions specified in paragraph (3), and

are not services which the F12Department is required to fund as criminal defence services.

the provision of general information about the law and legal system and the availability of legal services,

the provision of help by the giving of advice as to how the law applies in particular circumstances,

the provision of help in preventing, or settling or otherwise resolving, disputes about legal rights and duties,

the provision of help in enforcing decisions by which such disputes are resolved, and

the provision of help in relation to legal proceedings not relating to disputes.

about financial matters relating to services specified in the order (including, in particular, provision about eligibility, contributions, charges, remuneration and costs);

modifying the application of Articles 11 to 20 in relation to such services.

promote improvements in the quality of those services and in the ways in which they are made accessible to those who need them,

secure that the services provided in relation to any matter are appropriate having regard to its nature and importance, and

achieve the swift and fair resolution of disputes without unnecessary or unduly protracted proceedings in court.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

after taking into account the need for such services.

entering into contracts with persons or bodies for the provision of services by them,

making payments to persons or bodies in respect of the provision of services by them,

making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, services,

establishing and maintaining bodies to provide, or facilitate the provision of, services,

making grants or loans to individuals to enable them to obtain services,

itself providing services, or

doing anything else which it considers appropriate for funding services,

in relation to different areas in Northern Ireland, and

in relation to different descriptions of cases.

the court or tribunal before which proceedings are to take place,

the issues involved, or

the capacity in which a person seeking a service is concerned.

has determined that the individual satisfies the requirements of regulations under Article 13 in relation to the services, and

has made an exceptional case determination in relation to the individual and the services,

that it is appropriate to do so, in the particular circumstances of the case, having regard to any risk that failure to do so would be such a breach.

the services consist of representation in proceedings at an inquest under the Coroners Act (Northern Ireland) 1959 into the death of a member of the individual's family,

the Director has made a wider public interest determination in relation to the individual and the inquest, and

the Director has determined that the individual satisfies the requirements of regulations under Article 13 in relation to the services,

they are relatives (whether of the full blood or half blood or by marriage or civil partnership),

they are cohabitees (as defined in Article 3(1) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998), or

one has parental responsibility for the other.

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

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

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

as may be specified by the F24Director , or

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

prohibit the giving of advice or assistance without the approval of the F26Director to the extent that the costs of giving it exceed such limit as may be prescribed;

prohibit the funding of advice or assistance by the F27Department except where it is provided by a person in pursuance of a contract made with the F27Department .

pay a fee of such amount as is fixed by or determined under the regulations,

if his financial resources are, or relevant conduct is, such as to make him liable to do so under the regulations, pay the cost of the services or make a contribution in respect of the cost of the services of such amount as is so fixed or determined, or

if the services relate to a dispute and he has agreed to make a payment (which may exceed the cost of the services) only in specified circumstances, make in those circumstances a payment of the amount agreed, or determined in the manner agreed, by him;

any loan made to him by the F28Department in connection with civil legal services,

any payment in respect of the cost of services required by the regulations to be made by him later than the time when the services are provided, or

so much of any payment required by the regulations to be made by him which remains unpaid after the time when it is required to be paid.

include provision requiring the furnishing of information, and

make provision for the determination of the cost of services for the purposes of the regulations.

on any costs which (whether by virtue of a judgment or order of a court or an agreement or otherwise) are payable to him in respect of the matter in connection with which the services are provided, and

on any property (of whatever nature and wherever situated) which is recovered or preserved by him (whether for himself or any other person) in connection with that matter, including any property recovered or preserved in any proceedings and his rights under any compromise or settlement arrived at to avoid or bring to an end any proceedings.

provision as to whether it is in favour of the F28Department or the body or person by whom the services were provided, and

provision about its enforcement.

the financial resources of all parties to the proceedings, and

their conduct in connection with the dispute to which the proceedings relate;

to which an individual, for whom civil legal services relating to the proceedings, or to a part of the proceedings, are funded by the F30Department , is a party, and

which are finally decided in favour of a party for whom such services are not so funded ( “the unassisted party”).

an order for costs would be made in the proceedings apart from this Order;

as respects the costs incurred in a court of first instance, those proceedings were instituted by the party for whom civil legal services relating to the proceedings, or to a part of the proceedings, are funded by the F30Department and the court is satisfied that the unassisted party will suffer financial hardship unless the order is made; and

in any case, the court is satisfied that it is just and equitable in all the circumstances of the case that provision for the costs should be made out of public funds.

if no appeal lies against the decision in his favour,

if an appeal lies against the decision with leave, and the time limited for applications for leave expires without leave being granted, or

if leave to appeal against the decision is granted or is not required, and no appeal is brought within the time limited for appeal,

where leave to appeal is required, unless the time limited for applications for leave to appeal expires without leave being granted;

where leave to appeal is granted or is not required, unless the time limited for appeal expires without an appeal being brought.

specifying the principles to be applied in determining the amount of any costs which may be awarded against a party for whom civil legal services are funded by the F31Department ,

limiting the circumstances in which, or the extent to which, an order for costs may be enforced against such a party,

as to the cases in which, and extent to which, such a party may be required to give security for costs and the manner in which it is to be given,

requiring the payment by the F31Department of the whole or part of any costs incurred by a party for whom civil legal services are not funded by the F31Department ,

specifying the principles to be applied in determining the amount of any costs which may be awarded to a party for whom civil legal services are funded by the F31Department ,

requiring the payment to the F31Department , or the person or body by which the services were provided, of the whole or part of any sum awarded by way of costs to such a party, and

as to the court, tribunal or other person or body by whom the amount of any costs is to be determined and the extent to which any determination of that amount is to be final.

the constitution and procedure of appeal panels; and

appeals to such a panel against prescribed decisions taken in the exercise of functions conferred or imposed on the Director by or under Articles 12A to 20.

prescribe qualifications for appointment to a list mentioned in sub-paragraph (a);

provide for disqualifying prescribed persons or persons of prescribed descriptions for membership of an appeal panel;

provide for two or more appeal panels to sit at the same time;

provide for appeal panels to sit in private, except in such circumstances as may be specified in, or determined in accordance with, the regulations;

provide for the decision on an appeal to be taken without hearing any oral representations, except in such cases as may be prescribed;

provide for the powers of an appeal panel on determining an appeal;

require an appeal panel to give reasons in writing for its decision on an appeal;

provide for a decision of the appeal panel on an appeal to be final;

provide that all matters relating to the procedure of an appeal panel on an appeal which are not specifically regulated by the regulations are to be determined by the presiding member;

contain such other provision as appears to the Department necessary or expedient for the efficient and effective working of the appeal panels.

may make payments to the members of an appeal panel of amounts or at rates not exceeding such amounts or rates, and on such conditions, as the Department may determine;

shall arrange for the provision to appeal panels of such facilities, staff and assistance as the Department considers appropriate;

shall meet any other costs properly incurred by such panels.

advice and assistance in accordance with Article 23, and

representation in accordance with Articles 24 and 30,

determine the manner in which and times at which the sums referred to in paragraph (2) shall be paid to the Commission, and

impose conditions on the payment of the sums.

sums received from the Lord Chancellor under paragraph (2),

sums received by the Commission by virtue of an order by a court under Article 31,

sums received by the Commission by virtue of an order by a court under section 4 or 6 of the Costs in Criminal Cases Act (Northern Ireland) 1968F1, and

such other receipts of the Commission as the Lord Chancellor may, with the concurrence of the Treasury, determine.

inform the Lord Chancellor, and

if he so directs, pay to the Lord Chancellor so much of the excess as is specified in the direction.

duties imposed in accordance with any scheme made by the Commission under Schedule 9 to the Northern Ireland Act 1998F2 (equality schemes),

duties to protect the interests of the individuals for whom criminal defence services are provided,

duties to the court,

duties to avoid conflicts of interest, and

duties of confidentiality,

the code as first approved by the Lord Chancellor, and

where he approves a revised version, either the revisions or the revised code as appropriate.

for individuals who are arrested and held in custody at a police station or other premises, and

entering into contracts with persons or bodies for the provision of advice or assistance by them,

making payments to persons or bodies in respect of the provision of advice or assistance by them,

making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, advice or assistance,

establishing and maintaining bodies to provide, or facilitate the provision of, advice or assistance,

making grants to individuals to enable them to obtain advice or assistance,

employing persons to provide advice or assistance, or

doing anything else which it considers appropriate for funding advice and assistance.

in different areas in Northern Ireland, and

in relation to different descriptions of cases.

entering into contracts with persons or bodies for the provision of representation by them,

making payments to persons or bodies in respect of the provision of representation by them,

making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, representation,

establishing and maintaining bodies to provide, or facilitate the provision of, representation,

making grants to individuals to enable them to obtain representation,

employing persons to provide representation, or

doing anything else which it considers appropriate for funding representation.

shall by order make provision about the payments which may be made by the Commission in respect of any representation provided by non-contracted private practitioners, F61...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a person or body in receipt of grants or loans made by the Commission under paragraph (2), nor

the Commission itself or a body established or maintained by the Commission.

in different areas in Northern Ireland, and

in relation to different descriptions of cases.

for the purposes of any kind of proceedings specified in paragraph (2), to an individual such as is mentioned in that paragraph in relation to that kind of proceedings;

to an individual for the purposes of enabling him to resist an appeal in proceedings specified in paragraph (2) otherwise than in an official capacity;

for the purposes of a diversionary youth conference, to a child with respect to whom the conference has been, or is to be, convened,

to an individual for the purposes of proceedings concerning him which are of such a kind, and are before such court or other body, as may be prescribed,

proceedings before any court for dealing with an individual accused of an offence,

proceedings for dealing with an individual under Part I or II of the Extradition Act 2003 (c.41);

proceedings for binding an individual over to keep the peace or to be of good behaviour under Article 127 of the Magistrates' Courts (Northern Ireland) Order 1981, and for dealing with an individual who fails to comply with an order under that Article,

proceedings on an appeal brought by an individual under section 47A of the Criminal Appeal (Northern Ireland) Act 1980F7,

proceedings for contempt committed, or alleged to have been committed, by an individual in the face of a court, and

proceedings under Part XIIIA of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995 (No. 8).

it includes the right to representation for the purposes of any related bail proceedings, any related court-ordered youth conference, and any preliminary or incidental proceedings; and regulations may make provision specifying whether any proceedings are or are not to be regarded as preliminary or incidental; and

it includes the right to such advice and assistance, as to any appeal, as may be prescribed.

as to the form of any application for a grant of a right to representation under this Article;

as to the information which must be supplied with any such application;

as to the form of any grant of a right to representation under this Article;

requiring the court granting a right to representation under this Article to indicate the grounds on which the right was granted.

by any court before which the proceedings take place, or

in the case of a diversionary youth conference, by a magistrates' court;

as to the form of any application for a grant of a right to representation under those regulations;

as to the information which must be supplied with any such application;

as to the form of any grant of a right to representation under those regulations;

requiring the Commission to indicate the grounds on which any right to representation is granted under those regulations.

whether the individual would, if any matter arising in the proceedings is decided against him, be likely to lose his liberty or livelihood or suffer serious damage to his reputation,

whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law,

whether the individual may be unable to understand the proceedings or to state his own case,

whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual, and

whether it is in the interests of another person that the individual be represented.

the right conferred by paragraph (1) is not to apply in cases of prescribed descriptions,

an individual who has been provided with advice or assistance funded by the Commission under Article 23 by a person whom he chose to provide it for him is to be taken to have selected that person as his representative pursuant to that right,

that right is not to include a right to select a representative of a prescribed description,

that right is to select only a registered person within the meaning of Article 36, or only a representative of a prescribed description,

that right is to select not more than a prescribed number of representatives to act at any one time,

that right is not to include a right to select a representative in place of a representative previously selected.

the descriptions of courts by which, and individuals against whom, an order under paragraph (2) may be made,

the circumstances in which such an order may be made and the principles to be applied in deciding whether to make such an order and the amount to be paid,

the determination of the cost of representation for the purposes of the making of such an order,

the furnishing of information and evidence to the court or the Commission for the purpose of enabling the court to decide whether to make such an order and (if so) the amount to be paid,

prohibiting individuals who are required to furnish information or evidence from dealing with property until they have furnished the information or evidence or until a decision whether to make an order, or the amount to be paid, has been made,

rights of appeal against such an order,

the person or body to which, and manner in which, payments required by such an order must be made and what that person or body is to do with them, and

the enforcement of such an order (including provision for the imposition of charges in respect of unpaid amounts).

to the F32Department or any court, tribunal or other person or body on whom functions are imposed or conferred by or under this Part, and

in connection with the case of an individual seeking or receiving civil legal services or criminal defence services funded by the F32Department ,

information in the form of a summary or collection of information so framed as not to enable information relating to any individual to be ascertained from it, or

information about the amount of any grant, loan or other payment made to any person or body by the F32Department .

intentionally fails to comply with any requirement imposed by virtue of this Part as to the information to be furnished by him, or

in furnishing any information required by virtue of this Part makes any statement or representation which he knows or believes to be false,

a fine not exceeding level 4 on the standard scale, or

imprisonment for a term not exceeding three months,

the failure of any person to comply with any requirement imposed by virtue of this Part as to the information to be furnished by him, or

a false statement or false representation made by any person in furnishing any information required by virtue of this Part.

the relationship between that individual and the person by whom they are provided or any privilege arising out of that relationship, or

any right which that individual may have to be indemnified, in respect of expenses incurred by him, by any other person.

that made by way of that funding, and

any authorised by the F59Department to be taken.

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.

may make a complaint to the Law Society about the provision of civil legal services or criminal defence services by a solicitor;

may refer to the Law Society any complaint which is made to the F60Department about the provision of such services by a solicitor;

may make a complaint to the General Council of the Bar of Northern Ireland about the provision of civil legal services or criminal defence services by a barrister; and

may refer to the General Council of the Bar of Northern Ireland any complaint which is made to the F60Department about the provision of such services by a barrister.

make provision for the registration by the F33Department of persons who are eligible to provide civil legal services or criminal defence services funded by the F33Department ;

provide that only those persons who are registered ( “registered persons”) may provide such services; and

require registration of firms or organisations with which registered persons are connected.

the conditions to be complied with in order to qualify for registration, and

the carrying out by registered persons, and any firm or organisation which is registered in connection with a registered person, of their functions with regard to civil legal services or criminal defence services funded by the F33Department .

may require registered persons, and any firm or organisation which is registered in connection with a registered person, to comply with any such code of practice;

F34may require the F33Department or persons authorised by the F33Department to monitor compliance with any such code of practice; and

may make provision imposing charges;

may make provision with respect to the powers of investigation which may be exercised by the F33Department , or by persons authorised by the F33Department , for the purpose of monitoring compliance with any code of practice prepared under the regulations;

may make provision for obstruction of the exercise of powers conferred by virtue of sub-paragraph (b) to be certified to the High Court in prescribed circumstances, and for any power of the court in relation to contempt of court to be exercisable in relation to such obstruction.

shall consult the Lord Chief Justice, the Law Society and the General Council of the Bar of Northern Ireland, and

may undertake such other consultation as appears to him to be appropriate.