(This note is not part of the Regulations)
These Regulations govern the financial aspects of the provision of services funded by the Department of Justice in civil matters.
Part 1 sets out general interpretation matters.
Chapter 1 of Part 2 sets out the general rules for making a determination about an individual's financial resources. It also provides for the exceptions to the rule that the assessing authority must determine whether an individual's financial resources are such that the individual is eligible for civil legal services. The Chapter prescribes the eligibility limits for disposable income and disposable capital, and the cases in which it is possible to waive those limits.
Chapter 2 of Part 2 sets out the process for making a determination in respect of an individual's financial resources, including the requirement for the individual whose eligibility is being determined to provide information, the calculations which the assessing authority must undertake, and the powers to amend determinations or make further determinations in the light of new information.
Chapter 3 of Part 2 sets out the rules for calculating income and capital for the purposes of determining an individual's eligibility for advice and assistance and representation (lower courts).
Chapters 4 and 5 of Part 2 set out the rules for calculating income and capital for the purposes of determining an individual's eligibility for representation (higher courts).
Part 3 sets out the requirements for paying a contribution towards the cost of civil legal services.
The Regulations also revoke the provisions regarding financial eligibility and contributions made under, or treated as made under, the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (regulation 1(2), together with the Schedule).
The Regulations come into operation on 1st April 2015.