The Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2011

Made: 7th November 2011

Coming into operation: 5th December 2011

In accordance with Article 37 of that Order, the Department has had regard to the matters specified in that Article.

Citation and commencement

1

These Rules may be cited as the Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2011 and shall come into operation on 5th December 2011.

Amendments to the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992

2

The Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992[^f00003] are amended as follows.

3

In rule 2—

• (a) omit the definition of “appropriate authority”;

• (b) before the definition of “costs”, insert–

• “Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003[^f00004];

4

Omit rule 3.

5

• (1) Subject to paragraph (2), in each place where it appears, for “appropriate authority” substitute “Commission”.

• (2) In rule 16(3), for “an appropriate authority” substitute “the Commission”.

Signed

Sealed with the Official Seal of the Department of Justice on 7th November 2011

David Ford — Minister of Justice

The Department of Finance and Personnel hereby approves the foregoing Rules

Sealed with the Official Seal of the Department of Finance and Personnel on 9th November 2011

William Pauley — A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992 by substituting the Northern Ireland Legal Services Commission for the appropriate authority. The effect of the amendment is to transfer responsibility for the determination of the costs payable under the 1992 Rules from the appropriate authority to the Commission. Furthermore, with this transfer of function, the appropriate authority has ceased to exist.

The 1992 Rules also provide a system of redeterminations and appeals enabling solicitors and counsel to challenge the costs determined in a particular case.

Footnotes

[^f00001]: S.I. 1981/228 (N.I. 8)

[^f00002]: S.I. 1982/159 and S.I. 2010/976

[^f00003]: S.R. 1992 No. 314, to which the most recent amendment was made by S.R. 2010 No. 146

[^f00004]: S.I. 2003/435 (N.I. 10)