LegalizeThe Access to Justice (2003 Order) (Commencement No. 9) Order (Northern Ireland) 2016
Made: 23rd March 2016
Coming into operation: 24th March 2016
The Department of Justice makes the following Order in exercise of the powers conferred by Articles 1(2) and 48(1) of the Access to Justice (Northern Ireland) Order 2003[^f00001], and now vested in it[^f00002].
Citation and interpretation
1
This Order may be cited as the Access to Justice (2003 Order) (Commencement No. 9) Order (Northern Ireland) 2016.
Commencement of provisions in the Access to Justice (Northern Ireland) Order 2003
2
- (1) Subject to paragraph (2), the provisions in the Access to Justice (Northern Ireland) Order 2003 specified in the Schedule to this Order shall come into operation on 24th March 2016.
- (2) The commencement of the provisions specified in the Schedule has effect only in respect of the grant by the Court of Appeal of a right to representation for the proceedings specified in Schedule 2 to the Access to Justice (2003 Order) (Commencement No. 8) Order (Northern Ireland) 2015[^f00003].
SCHEDULE — PROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 24th MARCH 2016
| Provisions of the Access to Justice (Northern Ireland) Order 2003 | Subject matter of provision |
|---|---|
| Article 23(1)(b)(ii) and (iii) and (3) | Advice and assistance |
| Article 26(2), (3) and (5) | Grant of right to representation by court |
| Schedule 5, the entries in respect of— | Repeals – Extent of repeal |
| The Criminal Appeal (Northern Ireland) Act 1980 | In section 7(4), the words “legal aid for”. In section 28(2), paragraph (a) and the words “in the case of expenses within paragraph (a), by the Lord Chancellor and, in any other case”. Section 28(2A) to (2G). Section 45(2)(e) and (3)(c). |
Signed
Sealed with the Official Seal of the Department of Justice on 23rd March 2016
David Ford — Minister of Justice
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
The Access to Justice (2003 Order) (Commencement No. 8) Order (Northern Ireland) 2015 brought into operation certain provisions of the Access to Justice (Northern Ireland) Order 2003 regarding criminal defence services. This Order brings into operation on 24th March 2016 certain further provisions regarding such services.
The provisions are commenced only in respect of appeals, including applications for leave to appeal, brought under Part 1 (appeal to the Court of Appeal from the Crown Court) and Part 2 (appeal to the Supreme Court from the Court of Appeal) of the Criminal Appeal (Northern Ireland) Act 1980, and the other proceedings specified in Schedule 2 to the Commencement No. 8 Order. There are also consequential repeals of the remaining legal aid provisions in the 1980 Act.
Footnotes
[^f00001]: S.I. 2003/435 (N.I. 10)
[^f00002]: S.I. 2010/976
[^f00003]: S.R. 2015 No. 237 (C. 17)
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.