Legal Advice and Assistance (Amendment No. 2) Regulations (Northern Ireland) 1997

Statutory Rules of Northern Ireland

1997 No. 342

LEGAL AID AND ADVICE

Legal Advice and Assistance (Amendment No. 2) Regulations (Northern Ireland) 1997

Made

18th July 1997

To be laid before Parliament

Coming into operation

18th August 1997

The Lord Chancellor, in exercise of the powers conferred by Articles 14, 22 and 27 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(1) and now vested in him(2), and with the concurrence of the Treasury, hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Legal Advice and Assistance (Amendment No. 2) Regulations (Northern Ireland) 1997 and shall come into operation on 18th August 1997.

Transitional Provisions

2.  These Regulations shall not apply to applications for advice and assistance made before 18th August 1997.

Amendment to Schedule 1

3.  Schedule 1 to the Legal Advice and Assistance Regulations (Northern Ireland) 1981(3) shall be amended as follows—

(a) after paragraph 7A there shall be inserted the following paragraph—

“7B.   In computing the capital of the person concerned there shall be left out of account any arrears of payments made under Article 15A of the Health and Personal Social Services (Northern Ireland) Order 1972(4).”;

(b) in paragraph 8(c), after head (iii) there shall be added the following head—

“(iv) a payment made under Article 15A of the Health and Personal Social Services (Northern Ireland) Order 1972.”.

Irvine of Lairg, C.

Dated 18th July 1997

We concur

Jim Dowd

Jon Owen Jones

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 25th July 1997

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Legal Advice and Assistance Regulations (Northern Ireland) 1981 so as to provide that a payment made under Article 15A of the Health and Personal Social Services (Northern Ireland) Order 1972 shall be disregarded in computing disposable income and capital.

(1)

S.I. 1981/228 (N.I. 8); Article 27 is an interpretation provision and is recited because of the meaning assigned to the words “prescribed” and “Regulations”

(2)

S.I. 1982/159

(3)

S.R. 1981 No. 366; as amended by S.R. 1986 No. 47, S.R. 1988 No. 87, S.R. 1993 No. 124 and S.R. 1996 No. 411

(4)

S.I. 1972/1265 (N.I. 14); Article 15A was inserted by S.I. 1996/1923 (N.I. 19)