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2003 No. 438
LEGAL AID AND ADVICE
Legal Aid (General) (Amendment) Regulations (Northern Ireland) 2003
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Made |
6th October 2003 | |
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To be laid before Parliament |
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Coming into operation |
1st November 2003 | |
The Lord Chancellor, in exercise of the powers conferred by Article 22 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981[1], and now vested in him[2], hereby makes the following Regulations: -
Citation, commencement and interpretation
1.
- (1) These regulations may be cited as the Legal Aid (General) (Amendment) Regulations (Northern Ireland) 2003.
(2) These regulations shall come into operation on 1st November 2003.
(3) In these regulations "the principal regulations" means the Legal Aid (General) Regulations (Northern Ireland) 1965[3].
Northern Ireland Legal Services Commission
2.
In regulation 1(2) of the principal regulations (interpretation) after the definition of "claim" there shall be inserted -
"
"the Commission" means the Northern Ireland Legal Services Commission;".
Functions of a secretary to a committee
3.
The following provisions of the principal regulations (which make provision for the secretary of a committee to exercise functions on behalf of the committee) shall cease to have effect -
(a) regulation 1(4) and (5);
(b) in regulation 5(1) the words "on behalf of the committee";
(c) in regulation 5(5), sub-paragraph (a), and, in sub-paragraph (b) the words "which has been referred to the appropriate committee by the secretary";
(d) in regulation 6(12) the words "or its secretary"; and
(e) in regulation 11(1) -
(i) the words "on behalf of the appropriate committee and", and
(ii) the words "to them or".
Repeated refusal of certificates
4.
- (1) Regulation 8 of the principal regulations (repeated refusal of certificates) shall be amended as follows.
(2) In paragraph (2) (power to make a direction that no consideration be given to future applications) for the words from "either" to the end there shall be substituted "to any future application by that person for a certificate with regard to any particular matter".
(3) After paragraph (5) there shall be inserted -
"
(6) Where the Commission makes a prohibitory direction in respect of any person, that person may apply for the direction to be varied or revoked.
(7) Any application under paragraph (6) shall be made in writing.
(8) On receipt of an application under paragraph (6), the Commission shall consider whether to vary or revoke the prohibitory direction; and shall give notice of its decision to the applicant."
Reinstatement of certificates
5.
- (1) After regulation 13 of the principal regulations there shall be inserted -
"
Reinstatement of certificates
13A.
- (1) Where the Commission issues a notice of discharge or revocation of an assisted person's certificate under regulation 12(9), the Commission may, subject to paragraph (3), upon application by the assisted person within twelve months of the date of issue of the notice, reinstate the certificate, if it is satisfied that the decision to discharge or revoke it was made -
(a) on grounds which no longer exist,
(b) without taking into consideration a relevant matter, or
(c) on the basis of an administrative error.
(2) Where the Commission issues a notice of discharge or revocation of an assisted person's certificate under regulation 12(9), the Commission may, subject to paragraph (3), reinstate the certificate at any time within twelve months of the date of issue of the notice, if it is satisfied that the decision to discharge or revoke the certificate was made on the basis of an administrative error by the Commission.
(3) The Commission may not reinstate a certificate if -
(a) any costs of the claim or proceedings to which the certificate related incurred by or on behalf of the assisted person have been taxed or assessed under regulation 13(3)(a), or
(b) any costs have been recovered under regulation 13(5).
(4) Where the Commission reinstates a certificate it shall forthwith send -
(a) a notice of reinstatement to the assisted person, and
(b) a copy of the notice of reinstatement to the solicitor to whom notice of discharge or revocation of the certificate was sent under regulation 12(9).
(5) Any reference in this regulation to a notice issued under regulation 12(9), or an error made, by the Commission shall include, in relation to any time before 1st November 2003, a reference to a notice issued, or error made, by the Legal Aid Committee.".
Signed by authority of the Lord Chancellor
Lord Filkin
Parliamentary Under Secretary of State
Department of Constitutional Affairs
Dated 6th October 2003
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These regulations amend the Legal Aid (General) Regulations (Northern Ireland) 1965.
The amendments made by regulations 2 and 3 are consequential on the transfer of functions from the Law Society of Northern Ireland to the Northern Ireland Legal Services Commission by the Access to Justice (Northern Ireland) Order 2003.
Regulation 4 amends regulation 8 of the Legal Aid (General) Regulations (Northern Ireland) 1965 (repeated refusal of certificates) by removing the power to direct that no consideration be given to any further application whatsoever by a person, and by providing for the variation or revocation of directions by the Commission.
Regulation 5 confers power on the Commission to reinstate certificates which have been revoked or discharged.
Notes:
[1]
1981 (N.I. 8)back
[2]
S.I. 1982/159back
[3]
S.R. 1965 No. 217, which has been modified by paragraph 4(3) of Schedule 3 to the Access to Justice (Northern Ireland) Order 2003 and amended by S.R. 1974 No. 126, S.R. 1979 No. 248, S.R. 1980 No. 391, S.I. 1982/159 and S.R. 1990 No. 255, and to which there have been other amendments not relevant to these regulationsback
ISBN
0 33795265 5
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© Crown copyright 2003 |
Prepared
30 October 2003
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URL: http://www.bailii.org/nie/legis/num_reg/2003/20030438.html
