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The Justice (2011 Act) (Commencement No. 5) Order (Northern Ireland) 2012

Type Ni-Statutory-Rule

Publication 2012-12-12

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made: 12th December 2012

The Department of Justice, in exercise of the powers conferred by section 111(3) of the Justice Act (Northern Ireland) 2011[^f00001], makes the following Order:

Citation and interpretation

1

(1) This Order may be cited as the Justice (2011 Act) (Commencement No. 5) Order (Northern Ireland) 2012.

(2) In this Order, “the 2011 Act” means the Justice Act (Northern Ireland) 2011.

Appointed Day

2

The day appointed for the coming into operation of the following provisions of the 2011 Act is 7th January 2013 —

(a) section 82 (eligibility of persons in receipt of guarantee credit);

(b) section 86 (civil legal services: scope).

Signed

Sealed with the Official Seal of the Department of Justice on 12th December 2012

David Ford — Minister of Justice

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into operation certain provisions of the Justice Act (Northern Ireland) 2011 (c.24) (“the Act”).

The provisions of the Act set out in Article 2 come into operation on 7th January 2013.

Section 82 amends the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 to include applicants in receipt of the guarantee credit element of State Pension Credit as automatically meeting, in certain circumstances, the financial test for civil legal aid.

Section 86 amends Schedule 2 to the Access to Justice (Northern Ireland) 2003 to ensure that civil legal services are available for applications in the Crown Court or in a court of summary jurisdiction to vary or discharge a witness anonymity order or an order under the Protection from Harassment (Northern Ireland) Order 1997. The Schedule is also amended so that civil legal services will also be available in a court of summary jurisdiction for applications for a foreign travel restriction order or to vary, renew or discharge a foreign travel restriction order; for applications to discharge an investigation anonymity order; or for applications to release property subject to a confiscation order under the Proceeds of Crime Act 2002.

Footnotes

[^f00001]: 2011 c.24 (N.I.)

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