Introductory Text
PART I CITATION, COMMENCEMENT AND INTERPRETATION
1.Citation and commencement
2.Interpretation
PART II NORTHERN IRELAND LEGAL SERVICES COMMISSION
3.Northern Ireland Legal Services Commission
4.Membership of the Commission
5.Power to replace Commission with two bodies
6.Planning
7.Powers of Commission
8.Guidance
9.Northern Ireland law and foreign law
Civil legal services
10.Civil legal services
11.Funding of services
12.Services which may be funded
13.Individuals for whom services may be funded
14.Decisions about provision of funded services
15.Funding code
16.Procedure relating to funding code
17.Terms of provision of funded services
18.Costs orders against assisted parties
19.Costs of successful unassisted parties
20.Regulations about costs in funded cases
Criminal defence services
21.Criminal defence services
22.Criminal defence services: code of conduct
23.Advice and assistance
24.Representation
25.Individuals to whom right to representation may be granted
26.Grant of right to representation by court
27.Grant of right to representation by Commission
28.Appeals
29.Criteria for grant of right to representation
30.Selection of representative
31.Terms of provision of funded services
Supplementary
32.Restriction of disclosure of information
33.Misrepresentation etc.
34.Position of service providers and other parties etc.
35.Solicitors and barristers
36.Register of persons providing services
PART III OTHER FUNDING OF LEGAL SERVICES
Conditional fee and litigation funding agreements
37.Interpretation of Part III
38.Conditional fee agreements
39.Conditional fee agreements: supplementary
40.Litigation funding agreements
41.Litigation funding agreements: the Commission
42.Litigation funding agreements: costs
Costs
43.Recovery of insurance premiums by way of costs
44.Recovery where body undertakes to meet cost liabilities
PART IV SUPPLEMENTARY
45.Application to Crown
46.Orders, regulations and directions
47.Remuneration orders
48.Transitional provisions and savings
49.Minor and consequential amendments and repeals
Signature
SCHEDULES
SCHEDULE 1
NORTHERN IRELAND LEGAL SERVICES COMMISSION
Incorporation and status
1.The Commission shall be a body corporate. Subject to the ...
2.The Commission shall not be regarded— as the servant or ...
Tenure of members
3.Subject to paragraphs 4 and 5, any member of the ...
4.A member of the Commission may resign office by giving ...
5.The Lord Chancellor may terminate the appointment of a member ...
6.Subject to sub-paragraphs (2) to (5), the member appointed to ...
Members' interests
7.Before appointing a person to be a member of the ...
8.A member of the Commission who is in any way ...
9.Remuneration
10.Staff
12.Funding of costs relating to administration etc.
13.Proceedings
Provision of information
14.The Commission shall provide the Lord Chancellor with such information ...
Annual report
15.The Commission shall provide to the Lord Chancellor, as soon ...
Annual plan
16.The Commission shall, before the beginning of each financial year ...
Accounts and audit
17.The Commission shall keep accounts and shall prepare in respect ...
Instruments
18.The fixing of the seal of the Commission shall be ...
SCHEDULE 2
CIVIL LEGAL SERVICES: EXCLUDED SERVICES
1.The Commission may not fund services consisting of the provision ...
2.The Commission may not fund services consisting of representation in ...
3.These are the proceedings under the Proceeds of Crime Act ...
4.Subject to paragraph 5, the following services may not be ...
5.Notwithstanding paragraph 4, the making of a counterclaim for defamation ...
SCHEDULE 3
TRANSITIONAL PROVISIONS AND SAVINGS
Interpretation
1.In this Schedule— “the 1981 Order ” means the Legal ...
Rights, obligations and property
2.Subject to paragraphs 3 and 9, on the first appointed ...
The Legal Aid Fund
3.On the first appointed day the legal aid fund (“the ...
Part II of the 1981 Order
4.The provisions of this paragraph shall have effect if the ...
Part III of the 1981 Order
5.The provisions of this paragraph shall have effect if the ...
Commission’s annual plan and annual report
6.Where the Commission exercises any functions by virtue of paragraph ...
Grants and approvals under the 1981 Order
7.Any grant of legal aid under Part II of the ...
Chief Executive of the Commission
8.Notwithstanding anything in paragraph 10 of Schedule 1, the first ...
The Commission: transfers of employment
9.The Commission shall make, not later than such date as ...
10.Where a person becomes an employee of the Commission on ...
11.Any dispute as to whether an offer purporting to be ...
Pensions
12.Any arrangements made by the Law Society under Article 21 ...
Assistance with functions
13.The Law Society shall give to the Commission all the ...
SCHEDULE 4
MINOR AND CONSEQUENTIAL AMENDMENTS
Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10)
1.(1) The Costs in Criminal Cases Act (Northern Ireland) 1968...
Solicitors (Northern Ireland) Order 1976 (N.I.12)
2.(1) The Solicitors (Northern Ireland) Order 1976 shall be amended...
Sex Discrimination (Northern Ireland) Order 1976 (N.I.15)
3.In Article 75 of the Sex Discrimination (Northern Ireland) Order...
European Communities (Services of Lawyers) Order 1978 (S.I. 1978/1910)
4.In Part 1 of the Schedule to the European Communities...
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
5.(1) The Criminal Appeal (Northern Ireland) Act 1980 shall be...
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (N.I. 8)
6.(1) The Legal Aid, Advice and Assistance (Northern Ireland) Order...
Telecommunications Act 1984 (c. 12)
7.In section 52(5) of the Telecommunications Act 1984 (charges to...
Child Abduction and Custody Act 1985 (c. 60)
8.In section 11 of the Child Abduction and Custody Act...
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (N.I. 16)
9.(1) The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988...
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
10.In section 103(7) of the Social Security Administration (Northern Ireland)...
Children (Northern Ireland) Order 1995 (N.I. 2)
11.In Article 44 of the Children (Northern Ireland) Order 1995...
Children’s Evidence (Northern Ireland) Order 1995 (N.I. 3)
12.(1) The Children’s Evidence (Northern Ireland) Order 1995 shall be...
Race Relations (Northern Ireland) Order 1997 (N.I. 6)
13.In Article 64(6) of the Race Relations (Northern Ireland) Order...
Northern Ireland Act 1998 (c. 47)
14.In Schedule 10 to the Northern Ireland Act 1998 (devolution...
Freedom of Information Act 2000 (c. 36)
15.In Part VII of Schedule 1 to the Freedom of...
Equality (Disability, etc.) (Northern Ireland) Order 2000 (N.I. 2)
16.In Article 10 of the Equality (Disability, etc.) (Northern Ireland)...
European Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119)
17.In Part 1 of Schedule 3 to the European Communities...
Anti-Terrorism, Crime and Security Act 2001 (c. 24)
18.In Part 2 of Schedule 4 to the Anti-Terrorism, Crime...
SCHEDULE 5
REPEALS
Explanatory Note