The Access to Justice (Northern Ireland) Order 2003 (Commencement No. 6) Order (Northern Ireland) 2009

Made: 28th August 2009

Coming into operation: 29th August 2009

The Lord Chancellor makes this Order in exercise of the powers conferred by Articles 1(2) and 48(1) of the Access to Justice (Northern Ireland) Order 2003[^f00001].

Citation and commencement

1

This Order may be cited as the Access to Justice (Northern Ireland) Order 2003 (Commencement No. 6) Order (Northern Ireland) 2009 and shall come into operation on 29th August 2009.

Interpretation

2

In this Order—

• “the Commencement No. 3 Order” means the Access to Justice (Northern Ireland) Order 2003 (Commencement No. 3, Transitional Provisions and Savings) Order (Northern Ireland) 2003 [^f00002];

• “the 1981 Order” means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 [^f00003].

Revocation

3

Article 4 of the Commencement No. 3 Order shall be revoked.

Savings

4

Nothing in the provision commenced by the Commencement No. 3 Order shall have effect in relation to any work carried out under a criminal aid certificate granted under Article 28, 28A or 30 of the 1981 Order before 30th September 2009.

5

For the avoidance of doubt, any rules made under Article 36(3) of the 1981 Order before the coming into operation of this Order shall remain in force notwithstanding the making of this Order.

Signed

Signed by authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under-Secretary of State — Ministry of Justice — Dated 28th August 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Commencement Order, which is the sixth to be made under the Access to Justice (Northern Ireland) Order 2003, relates to the coming into operation of paragraph 6(3) of Schedule 4 to the 2003 Order. The transitional provision relating to the commencement of that provision on 9th March 2005 is revoked.

The effect of the revocation is that the amendment made to Article 37 (remuneration of solicitors and counsel) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 now applies in respect of the amounts payable for all proceedings under Part III (free legal aid in criminal proceedings) of the 1981 Order. That is, the fair remuneration principle has been replaced with the value for money test in respect of all such proceedings.

Footnotes

[^f00001]: S.I. 2003/435 (N.I. 10)

[^f00002]: S.R. 2003 No. 111 (C. 10)

[^f00003]: S.I. 1981/228 (N.I. 8)