Legal Advice and Assistance (Amendment) Regulations (Northern Ireland) 2010

Made: 21st January 2010

To be laid before Parliament

Coming into operation: 15th February 2010

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by Articles 5(3), 22 and 27 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981[^f00001] and now vested in him[^f00002].

Citation and commencement

1

These Regulations may be cited as the Legal Advice and Assistance (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 15th February 2010.

Amendments to the Legal Advice and Assistance Regulations (Northern Ireland) 1981

2

The Legal Advice and Assistance Regulations (Northern Ireland) 1981[^f00003] are amended as follows.

3

In regulation 3, for the definition of “Life Sentence Review Commissioners” substitute—

• “Parole Commissioners for Northern Ireland” means the Parole Commissioners appointed by the Secretary of State under Schedule 4 to the Criminal Justice (Northern Ireland) Order 2008[^f00004];

4

In regulation 17(3)(b)(iv), for “Life Sentence Review Commissioners” substitute “Parole Commissioners for Northern Ireland”.

5

In Schedule 3, after paragraph 2(k) insert—

(1) For the variation or discharge of an order under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997[^f00005].

Signed

Signed by authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under-Secretary of State — Ministry of Justice — Dated 21st January 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Legal Advice and Assistance Regulations (Northern Ireland) 1981.

The effect of the amendments are to reflect the change in title of the Life Sentence Review Commissioners to the Parole Commissioners for Northern Ireland (regulations 3 and 4).

The Regulations also bring within the scope of legal aid applications to vary or discharge restraining orders made under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997 (regulation 5).

Footnotes

[^f00001]: S.I. 1981/228 (N.I. 8); Article 27 is an interpretation provision and is recited because of the meaning assigned to the word “regulations”.

[^f00002]: S.I. 1982/159

[^f00003]: S.R. 1981 No. 366; to which the most recent relevant amendment was made by S.R. 2004 No. 169

[^f00004]: S.I. 2008/1216 (N.I. 1)

[^f00005]: S.I. 1997/1180 (N.I. 9)