Legal Aid, Advice and Assistance (Northern Ireland) Order 1981

Contents

Part I · Introductory

Article 1Title and commencement#

This Order may be cited as the Companies (Public Sector Audit) Order (Northern Ireland) 2008 and shall come into operation on 1st July 2008.

(1)This Order may be cited as the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

(2)Subject to paragraph (3), this Order shall come into operation on the seventh day after the day on which it is made.

(3)Paragraph 1( b) of Part I of Schedule 1 shall come into operation on such day as the Lord Chancellor may by order appoint.

Article 2Interpretation#

(1)The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2)For the purposes of section 42(2) of the Northern Ireland Constitution Act 1973 (validity of Acts of the Parliament of Northern Ireland), provisions of this Order which re-enact provisions of an Act of the Parliament of Northern Ireland shall be deemed to be provisions of such an Act.

(3)References in this Order to counsel and solicitors shall be construed in accordance with Article 10 of the European Communities (Services of Lawyers) Order 1978 , as it has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020.

(4)In this Order—• “the Department” means the Department of Justice;• “the Director” means the Director of Legal Aid Casework designated under section 2 of the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014.

Part II · Legal advice and assistance, and legal aid other than free legal aid available under part III

Legal advice and assistance

Article 3Persons eligible for advice and assistance#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

Article 4Scope and general conditions of advice and assistance#

(1)

(a)

(b)

(a)

(aa)the decision on the application referred to in sub-paragraph (a);

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(4)In this regulation—• “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987;• “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987.

Article 5Representation in proceedings#

(1)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(4)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(4A)In paragraph (4), “net weekly income” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Article 6Financial limit on prospective cost of advice and assistance#

(1)

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 7Contributions from persons receiving advice or assistance#

(1)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 8Payment of charges or fees otherwise than through client's contribution#

(1)

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legal aid

Article 9Persons eligible for legal aid#

(1)

(a)

(b)

(a)

(b)

Article 10Scope and general conditions of legal aid#

(1)

(a)

(b)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(5A)The actuary must have regard to the Committee’s funding strategy statement published under regulation 76A.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(5B)The Executive shall not take any action to which paragraph (5A) applies unless it has followed the procedure set out in Chapter II of the model rules as if—

for the purposes of those rules.

(5C)Any person aggrieved by an action of the Executive to which paragraph (5A) applies may appeal against that action to a Tribunal and Chapter I of the model rules shall apply for the purposes of such an appeal as if—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

for the purposes of those rules.

(5D)For the purposes of paragraphs (5B) and (5C), the model rules are those set out in the Schedule to the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 and for the purposes of paragraph (5C), the Tribunal is a Tribunal appointed in accordance with Chapter I of those model rules.

(5E)Subject to paragraph (5A) and Articles 9 and 12 but regardless of paragraphs (4) and (5), legal aid must be granted where a person applies to be or has been joined as a party to any of the proceedings mentioned in paragraph (5C).

(5F)Paragraphs (5B), (5C) and (5E) shall not apply to a person where the proceedings mentioned are before a court of summary jurisdiction and in respect of which that person has been granted assistance by way of representation.

(5G)Subject to paragraphs (4) and (5) but regardless of Articles 9 and 12 legal aid must be granted to cover proceedings relating to an appeal against an order made under Article 50 of the Children (Northern Ireland) Order 1995 to a person who has been granted assistance by way of representation by virtue of regulations made under Article 5(4A).

Article 10AExceptional legal aid#

(1)

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(8)

(9)Where a person making a surrender under regulation D14—

(a)

(b)

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—

(11)

Article 11Financial conditions of legal aid#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(e)in a case where the qualifying benefit which ceased—

(i)a parent with care cares for one child only, and

(ii)that child dies,

at the time the work condition is satisfied; and

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 12Contributions from persons receiving legal aid and charge on property recovered#

(1)

(a)

(b)

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(6)

(a)

(b)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(8)

(a)

(b)

Article 13Remuneration of persons giving legal aid#

(1)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(4)

Assessment of resources etc.

Article 14Assessment of disposable capital and income and of maximum contribution#

(1)

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(iv)of LGPS employers;

(v)incapacity benefit under section 30A;

(vi)carer’s allowance under section 70;

(b)

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

Solicitors and counsel

Article 15Solicitors and counsel#

(1)

(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Article 15ALegal aid not to affect normal rules#

Except as expressly provided by this Part or by regulations made under it—

(a)

(b)

Costs of successful unassisted parties

Article 16Power to award costs out of the legal aid fund#

(1)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

Article 17Provisions supplementary to Article 16#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(6)

Administration and finance

Article 18Functions of Law Society#

(8)

(9)Where a person making a surrender under regulation D14—

Article 20Accounts and audit#

(1)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

Article 21Pension rights of employees#

(1)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous and supplementary

Article 22Regulations#

(1)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(e)in a case where the qualifying benefit which ceased—

(i)a parent with care cares for one child only, and

(ii)that child dies,

at the time the work condition is satisfied; and

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(iv)of LGPS employers;

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(4)

(a)

(b)

(4A)In paragraph (4), “net weekly income” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(6)

Article 23Advisory committees#

^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 24Secrecy#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 25Proceedings for misrepresentation etc.#

(1)

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(a)

(b)

Article 26Adaptation for purposes of Part II of rights to indemnity#

(1)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 27Interpretation of Part II and Schedules 1 and 2#

In this Part and Schedules 1 and 2—• “advice” and “assistance” mean respectively advice and assistance under this Part;• “assistance by way of representation” has the meaning assigned to it by Article 5(1);• “Law Society” means the Incorporated Law Society of Northern Ireland;• “legal aid” means legal aid under this Part;• “order for costs” includes any judgment, order, decree, award or direction for the payment of the costs of one party to any proceedings by another party, whether given or made in those proceedings or not;• “person” does not include a body of persons corporate or unincorporate which is not concerned in a representative, fiduciary or official capacity so as to authorise legal aid, advice or assistance to be given to such a body;• “prescribed” means prescribed by regulations;• “regulations” means regulations made by the Lord Chancellor under this Part;• “solicitor” means a solicitor of the Court of Judicature;• “statutory inquiry” means an inquiry or hearing held or to be held in pursuance of a duty imposed by any statutory provision;• “statutory provision” has the meaning assigned to it by section 1( f) of the Interpretation Act (Northern Ireland) 1954 ;• “tribunal” includes an inquiry or proceedings before an arbitrator or umpire, however appointed, whether such inquiry or proceedings take place under a reference by consent or otherwise.

Part III · Free legal aid in criminal proceedings

Article 28Free legal aid in the magistrates' court#

(1)If it appears to a magistrates' court that the means of any person charged before it with any offence, or who appears or is brought before it to be dealt with, are insufficient to enable him to obtain legal aid and that it is desirable in the interests of justice that he should have free legal aid in the preparation and conduct of his defence before it, the court may grant in respect of him a criminal aid certificate, and thereupon he shall be entitled to such aid and to have—

(a)a solicitor; and

(b)subject to paragraph (2), counsel,

assigned to him for that purpose in such manner as may be prescribed by rules made under Article 36.

(2)Free legal aid given for the purposes of any defence before a magistrates' court shall not include representation by counsel except in the case of an indictable offence where the court is of opinion that, because of circumstances which make the case unusually grave or difficult, representation by both solicitor and counsel would be desirable.

(2A)The power conferred by paragraph (1) to grant a criminal aid certificate includes power to grant a certificate for a limited period, for the purposes of specified proceedings only or for the purposes of limited aspects of proceedings, and to vary or remove any limitation imposed by a criminal aid certificate.

(3)An application for free legal aid under paragraph (1) may be made to a magistrates' court by letter, and may be so made by any person arrested or summoned for an offence, as well as by a person charged with an offence before such a court.

(4)A letter applying for free legal aid by virtue of this Article shall—

(a)be addressed to the clerk of petty sessions ^note...;

(b)give particulars of the offence charged; and

(c)set out the grounds of the application.

(5)Where an application is made by virtue of this Article, a court of summary jurisdiction shall have the like power exercisable on the like grounds of granting a criminal aid certificate as a magistrates' court would have if the applicant had been charged with the offence before it.

(6)The refusal of a criminal aid certificate made by letter shall not prevent the applicant being granted a criminal aid certificate at the hearing.

(7)Where a criminal aid certificate is granted to any person that person shall be entitled to free legal aid in respect of work reasonably undertaken and properly done by the solicitor assigned to that person in—

(a)giving notice of appeal to a county court;

(b)applying for a case to be stated for the opinion of the Court of Appeal;

and in matters preliminary thereto, being work done within the ordinary time for giving the notice or, as the case may be, making the application for the case to be stated.

Article 28AFree legal aid for diversionary youth conferences#

(1)Where a diversionary youth conference has been, or is to be, convened with respect to a child, he may make an application for free legal aid to a magistrates' court.

(2)An application under paragraph (1) shall be made—

(a)by a written statement in the prescribed form addressed to the clerk of petty sessions for a magistrates' court; or

(b)if an application under sub-paragraph (a) is refused, in person to a magistrates' court.

(3)If, on an application made under paragraph (1), it appears to the court that—

(a)the means of the child are insufficient to enable him to obtain legal aid; and

(b)it is desirable in the interests of justice that he should have free legal aid in preparing for and participating in the diversionary youth conference,

the court may grant in respect of him a criminal aid certificate.

(4) A person in respect of whom a criminal aid certificate has been granted under this Article shall be entitled to have—

(a)a solicitor; and

(b)subject to paragraph (5), counsel,

assigned to him for that purpose in such manner as may be prescribed by rules made under Article 36.

(5)Free legal aid given for the purposes of any diversionary youth conference shall not include representation by counsel except where—

(a)the offence with respect to which the diversionary youth conference is convened is an indictable offence; and

(b)the court is of the opinion that, because of circumstances which make the case unusually grave or difficult, representation by both solicitor and counsel would be desirable.

Article 29Free legal aid in the Crown Court#

(1)Any person returned for trial for an indictable offence or in respect of whom a notice of transfer has been given under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (serious and complex fraud) or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 (certain cases involving children) shall be entitled to free legal aid in the preparation and conduct of his defence at the trial and to have solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by rules made under Article 36, if a criminal aid certificate is granted in respect of him in accordance with the provisions of this Article.

(2)Subject to the provisions of this Article, a criminal aid certificate may be granted in respect of any person—

(a)by a magistrates' court, upon his being returned for trial; or

(b)by the judge of the court before which he is to be tried, at any time after reading ^note... the written statements tendered^note... at the preliminary enquiry, or

(c) where a notice of transfer is given under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988, by the magistrates' court before which the person to whom the notice relates is brought or by the Crown Court sitting at the place specified by the notice as the proposed place of trial or at any place substituted for it by a direction mentioned in Article 4(5) of that Order, ^note . . .

(d)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .or

(e)where a notice of transfer is given under Article 4 of the Children's Evidence (Northern Ireland) Order 1995, by the magistrates' court before which the person to whom the notice relates is brought or by the Crown Court sitting at the place specified by the notice as the proposed place of trial or at any place substituted for it by a direction mentioned in paragraph 2(4) of Schedule 1 to that Order,

and such court or judge is in this Part referred to as “the certifying authority”.

(3)A criminal aid certificate shall not be granted in respect of any person unless it appears to the certifying authority that his means are insufficient to enable him to obtain such aid, but where it so appears to the certifying authority, that authority—

(a)shall grant a criminal aid certificate in respect of any person returned for trial upon a charge of murder; and

(b)may grant a criminal aid certificate in respect of any person returned for trial upon any other charge if it appears to the certifying authority, having regard to all the circumstances of the case (including the nature of the defence, if any, as may have been set up), that it is desirable in the interests of justice that he should have free legal aid in the preparation and conduct of his defence at the trial.

(4)Where a criminal aid certificate is granted to any person under this Article that person shall be entitled to free legal aid in respect of work reasonably undertaken and properly done by the solicitor assigned to that person in—

(a)giving notice of appeal to the Court of Appeal or of an application for leave to appeal and in matters preliminary thereto, being work done within the ordinary time for giving the notice or making the application; and

(b)obtaining the opinion of the counsel assigned to that person as to the appeal or application or matters connected therewith; and

(c)applying to a magistrates' court for bail under section 91 of the Justice Act (Northern Ireland) 2011.

(5)The foregoing provisions of this Article shall apply to persons who appear or are brought before the Crown Court to be dealt with and shall, for the purposes of their application to such persons be amended as follows:—

(a)in paragraph (1) for the words “returned for trial for an indictable offence” there shall be substituted the words “ appearing or brought before the Crown Court to be dealt with ” and the words “in the preparation and conduct of his defence at the trial” and “for that purpose” shall be omitted;

(b)in paragraph (2)( b) for the words from “is to be” onwards there shall be substituted the words “ appears or is brought ”;

(c)in paragraph (3)( b) for the words “returned for trial upon any other charge” there shall be substituted the words “ appearing or brought before it ” and the words “in the preparation and conduct of his defence at the trial” shall be omitted.

Article 30Free legal aid on appeal to the county court#

(1)Where a person who has been convicted of an offence or sentenced for an offence by a magistrates' court desires to appeal to a county court against the conviction or the sentence, but has not sufficient means to enable him to obtain legal aid for the purpose, he may make an application for free legal aid to the court by which he was convicted or sentenced, or to any magistrates' court ^note..., and where a person so convicted or sentenced has given notice of appeal to a county court, the other party to the appeal, if he has not sufficient means to enable him to obtain legal aid for the purpose of resisting the appeal, may make an application for free legal aid to any magistrates' court ^note....

(2)An application made under paragraph (1) may be made either—

(a)in person to the court; or

(b)by letter addressed to the clerk of petty sessions ^note..., setting out the facts of the case and the grounds of the application.

(3)If on an application made under paragraph (1) it appears to the court that—

(a)the means of the applicant are insufficient to enable him to obtain legal aid; and

(b)it is desirable in the interests of justice that the applicant should have free legal aid in the preparation and conduct of his appeal, or, as the case may be, in resisting the appeal;

the court may grant in respect of him a criminal aid certificate.

(4)Where, on an application made under paragraph (1), the magistrates' court has refused to grant a criminal aid certificate the applicant may make an application for the same purpose to the court to which the appeal lies either—

(a)in person to that court; or

(b)by letter addressed to the chief clerk and setting out the facts of the case and the grounds of the application;

and the court shall have the like power exercisable on the like grounds of granting a criminal aid certificate as the magistrates' court.

(5)Without prejudice to paragraph (4), an application for free legal aid under this Article may be made in person to the court before which the appeal is heard by an applicant who has not made the previous application to a magistrates' court or clerk of petty sessions which is required under this Article; and if the court before which the appeal is heard is satisfied that there were adequate reasons for the applicant not making a previous application as aforesaid it shall deal with his application as if duly made under paragraph (4).

(6)In paragraph (5) the expression “adequate reasons” includes lack of knowledge by the applicant of the law or procedure.

(7)A person in respect of whom a criminal aid certificate has been granted under this Article shall be entitled, subject to paragraph (8), to have a solicitor and counsel assigned to him in the manner prescribed by rules made under Article 36.

(8)Where before the court to which the appeal lies a party may be heard by a solicitor, the court granting the criminal aid certificate may direct that a solicitor only shall be assigned.

(9)A person in respect of whom a criminal aid certificate has been granted shall be entitled to free legal aid—

(a)in giving notice of appeal to a county court, and in matters preliminary thereto;

(b)in the preparation and conduct of his appeal or, as the case may be, in resisting the appeal;

(c)in applying for a case to be stated for the opinion of the Court of Appeal, and in matters preliminary thereto.

(10)Paragraph (9)( a) and ( c) shall apply in relation to work reasonably undertaken and properly done by the solicitor assigned to the person to whom a criminal aid certificate has been granted, being work done within the ordinary time for giving the notice of appeal or, as the case may be, making the application for the case to be stated.

(11)Paragraph (9)( a), ( b) and ( c) shall, where counsel is assigned to the person to whom a criminal aid certificate has been granted, include the obtaining by the solicitor assigned to that person of the counsel's opinion as to the appeal or application or matters connected therewith.

(12)This Article shall, with the necessary modifications, apply to—

(a)an appeal under Article 141(1) of the Magistrates' Courts (Northern Ireland) Order 1981 as if the appeal were an appeal against a conviction; and

(b)an appeal under Article 51(4) of the Mental Health (Northern Ireland) Order 1986 as if the appeal were an appeal against sentence.

Article 31Resolution of doubts under Articles 28 to 30#

If, on a question of granting a person free legal aid under Article 28, 28A, 29 or 30, there is a doubt whether his means are sufficient to enable him to obtain legal aid or whether it is desirable in the interests of justice that he should have free legal aid, the doubt shall be resolved in favour of granting him free legal aid.

Article 32Statements for purposes of free legal aid#

(1)Before a person is granted free legal aid under Article 28, 28A, 29 or 30 he may be required to furnish a written statement in the prescribed form about matters relevant for determining whether his means are insufficient to enable him to obtain legal aid, and if a person in furnishing such a written statement as aforesaid (whether required so to do or not) knowingly makes any false statement or false representation he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(2)Notwithstanding any statutory provision prescribing the period within which summary proceedings may be commenced, proceedings for an offence under paragraph (1) may be commenced at any time within the period of six months from the date on which evidence, sufficient in the opinion of the Attorney General to justify a prosecution for the offence, comes to the knowledge of the Attorney General, or within the period of twelve months after the commission of the offence, whichever period last expires.

(3)For the purposes of paragraph (2) a certificate purporting to be signed by the Attorney General as to the date on which such evidence as aforesaid has come to the knowledge of the Attorney General, shall be conclusive evidence thereof.

Article 33Report on means of applicant for free legal aid#

(1)Where a person has applied for free legal aid and has furnished a statement of means under Article 32(1) the court having power to grant a certificate entitling him to such legal aid may, before or after the granting of the certificate, require the Department for Social Development to arrange for an officer of that Department to enquire into the means of that person and where such a request is made that Department shall comply with it and arrange for the officer to make a report to the court.

(2)Where the court receives a report under paragraph (1) before a certificate is granted, it shall, in determining whether or not to grant the certificate, have regard to the report and where the court receives such a report after a certificate has been granted, it may revoke the certificate if it appears to the court that the person to whom the certificate was granted—

(a)wilfully withheld material information from the court; or

(b)knowingly made a false statement in furnishing information to the court; or

(c)furnished to the court, due to error or mistake, a statement of means which was misleading to a significant extent.

(3)Where a certificate is revoked under paragraph (2), the cost of legal aid incurred to the date of revocation may be recovered from the person to whom the certificate was granted (or if such person was a child or young person, the parent or guardian) as a civil debt due to the Crown and a county court notwithstanding any limitation imposed on its jurisdiction under any statutory provision shall have jurisdiction to hear and determine any action brought to recover such cost.

(4)Paragraph (3) does not apply in relation to a person who is already subject to an order under Article 33A(1) in respect of the cost of legal aid incurred.

Article 33AOrder to recover costs of legal aid#

(1)Where a person has been granted a criminal aid certificate the court may, subject to rules made under Article 36, make an order requiring him to pay some or all of the cost of legal aid incurred to the date of the order unless he is already subject to an action under Article 33(3) to recover that cost.

(2)Rules made under Article 36 may make provision about—

(a)the descriptions of courts by which, and individuals against whom, an order under paragraph (1) may be made,

(b)the circumstances in which such an order may be made and the principles to be applied in deciding whether to make such an order and the amount to be paid,

(c)the persons who may apply to the court for such an order to be made and the circumstances and manner in which that application may be made,

(d)the determination of the cost of legal aid incurred for the purposes of the making of such an order,

(e)the manner in which, and persons by whom, an investigation into the means of any person may be carried out for the purposes of making such an order,

(f)the furnishing of information and evidence to the court or the Director for the purpose of enabling the court to decide whether to make such an order and (if so) the amount to be paid,

(g)prohibiting persons who are required to furnish information or evidence from dealing with property until they have furnished the information or evidence or until a decision whether to make an order, or as to the amount to be paid, has been made,

(h)rights of appeal against such an order,

(i)the person or body to which, and manner in which, payments required by such an order must be made and what that person or body is to do with them,

(j)the enforcement of such an order (including provision for the imposition of charges in respect of unpaid amounts), and

(k)such other matters as the Department of Justice considers necessary or appropriate.

Article 34Free legal aid for children and young persons#

The parent or guardian of a child^note. . . may, on behalf of that child^note. . . , make any application for free legal aid under the provisions of this Part, and any written statement of the means of that child^note. . . required under Article 32(1).

Article 35Further provisions as to issue of certificates#

For the purposes of this Part, the expressions “defence” and “trial” shall be taken as relating not only to proceedings on the issue of the defendant's guilt, but also to proceedings on the question of the sentence to be passed or order to be made; and any power to grant a criminal aid certificate to a person returned for trial or to a person charged with an offence before a magistrates' court shall be exercisable after as well as before that person has pleaded or has been found guilty.

Article 35ACourt-ordered youth conferences#

(1)In this Part references to—

(a)the preparation and conduct of a person's defence before a court or at a trial;

(b)the preparation and conduct of an appeal; and

(c)resisting an appeal,

include preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference).

(2)In Article 29, as it applies by virtue of paragraph (5) of that Article, references to free legal aid to which a person appearing or brought before the Crown Court to be dealt with is entitled include free legal aid in the preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference).

Article 36Expenses of free legal aid and making of rules#

(1)In any case where a criminal aid certificate has been granted in respect of any person, the expenses properly incurred in pursuance of that certificate including the fees of a solicitor and, where counsel has been assigned, of counsel, shall be defrayed out of moneys provided by the Assembly, subject nevertheless to any rules made under this Article and to any directions as to the vouching of payments and the keeping of accounts, records or receipts which may be given by the Treasury.

(2)If upon the trial before the Crown Court of a person in respect of whom a criminal aid certificate has not been granted, his defence is undertaken by counsel or solicitor or both at the request of the judge, the cost thereof may be paid as if a criminal aid certificate had been granted to that person.

(3)The Lord Chancellor, after consultation with the Lord Chief Justice, the Attorney General, and, where appropriate the Crown Court Rules Committee, the County Court Rules Committee and the Magistrates' Courts Rules Committee, and with the approval of the Treasury, may make rules generally for carrying this Part into effect and such rules shall in particular prescribe—

(a)the form of criminal aid certificates;

(b)the manner in which counsel and solicitors are to be assigned in pursuance of such certificates;

(bb)the form for the purpose of Article 28A(2)(a);

(c)the form for the purpose of Article 32(1); and

(d)the rates or scales of payment of any fees, costs or other expenses which are payable under this Part.

(4)Except as provided by paragraph (5), rules under this Article are subject to negative resolution.

(5)The rules to which paragraph (6) applies shall not be made unless a draft of the rules has been laid before, and approved by resolution of, the Assembly.

(6)This paragraph applies to—

(a)rules made under this Article which contain any provision made by virtue of Article 31 (as substituted by section 80 of the Justice Act (Northern Ireland) 2011);

(b)rules made under this Article which contain any provision made by virtue of Article 36A (as substituted by Schedule 2 to the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014);

(c)rules made under this Article which contain any provision made by virtue of Article 36B (as substituted by Schedule 2 to the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014);

(d)rules made under this Article which contain any provision made by virtue of Article 38A (as inserted by Schedule 2 to the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014).

Article 36AAssignment of solicitor and counsel#

(1)Rules under Article 36(3)(b) must provide that, subject to paragraphs (2) and (3) and to any provision made by virtue of paragraph (4), a person in respect of whom a criminal aid certificate has been granted may select any solicitor or counsel willing to act for that person to be assigned so to act.

(2)A solicitor shall not be assigned in pursuance of a criminal aid certificate if the solicitor is for the time being prohibited from being so assigned by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976.

(3)A counsel shall not be assigned in pursuance of a criminal aid certificate if the counsel is for the time being prohibited from being so assigned by a determination of the General Council of the Bar of Northern Ireland, or by any determination of any such committee as may be established by that Council to determine charges preferred against counsel.

(4)Rules under Article 36(3)(b) may—

(a)provide that in prescribed circumstances the right referred to in paragraph (1)—

(i)does not apply in cases of a prescribed description,

(ii)is not to include a right to select a solicitor or counsel of a prescribed description,

(iii)is to select only a solicitor or counsel registered under Article 36B, or only a solicitor or counsel of a prescribed description,

(b)restrict the right to select a solicitor or counsel in place of a solicitor or counsel previously selected.

(5)Rules under Article 36(3)(b) may provide that, in prescribed circumstances, Article 36(1) does not require the Department to defray, or to continue to defray, the expenses incurred by a particular solicitor or counsel (but such provision shall not prejudice any right of a person to select another solicitor or counsel).

(6)The circumstances which may be prescribed by rules under paragraph (4) or (5) include that a determination has been made by a prescribed body or person.

(7)A solicitor or counsel who has been selected to act for a person may select another person to act for that person, as the agent of the solicitor or counsel, if that other person is of such a description that nothing in this Article or Article 36B would prohibit the person selecting that solicitor or counsel to act for that person.

(8) In this Article “ prescribed ” means prescribed by rules under Article 36(3)(b).

Article 36BRegister of solicitors and counsel eligible to be assigned#

(1)Rules under Article 36(3)(b) may—

(a)make provision for the registration by the Department of counsel and solicitors who are eligible to be assigned in pursuance of criminal aid certificates;

(b)provide that only those counsel or solicitors who are registered may be so assigned; and

(c)require registration of firms with which registered solicitors are connected.

(2)Those rules may require the Department to prepare a code of practice in relation to—

(a)the conditions to be complied with in order to qualify for registration, and

(b)the carrying out by registered counsel and registered solicitors, and any firm which is registered in connection with a registered solicitor, of their functions with regard to the provision of free legal aid.

(3)Those rules may—

(a)require registered counsel and registered solicitors, and any firm which is registered in connection with a registered solicitor, to comply with any such code of practice;

(b)require the Department or persons authorised by the Department to monitor compliance with any such code of practice; and

(c)make provision about procedures for cases in which—

(i)it appears to the Department or a person authorised by the Department that a registered counsel or solicitor, or any firm which is registered in connection with a registered solicitor, may not be complying with any such code of practice, or

(ii)a person who holds any judicial office asks the Department to investigate whether a registered counsel or solicitor, or any firm which is registered in connection with a registered solicitor, is complying with any such code of practice,

and the sanctions which may be imposed by virtue of this sub-paragraph may include provision for a counsel, solicitor or firm to cease to be registered.

(4)Those rules—

(a)may make provision imposing charges;

(b)may make provision with respect to the powers of investigation which may be exercised by the Department, or by persons authorised by the Department, for the purpose of monitoring compliance with any code of practice prepared under the rules;

(c)may make provision for obstruction of the exercise of powers conferred by virtue of sub-paragraph (b) to be certified to the High Court in prescribed circumstances, and for any power of the High Court in relation to contempt of court to be exercisable in relation to such obstruction.

Article 37Remuneration of solicitors and counsel#

The Lord Chancellor in exercising any power to make rules as to the amounts payable under this Part to counsel or a solicitor assigned to give legal aid, and any person by whom any amount so payable is determined in a particular case, shall have regard, among the matters which are relevant, to—

(a)the time and skill which work of the description to which the rules relate requires;

(b)the number and general level of competence of persons undertaking work of that description;

(c)the cost to public funds of any provision made by the rules; and

(d)the need to secure value for money,

but nothing in this Article shall require him to have regard to any fees payable to solicitors and counsel otherwise than under this Part.

Article 38Adaptation for purposes of Part III of rights to indemnity#

(1)This Article shall have effect for the purpose of adapting in relation to this Part any right (however and whenever created or arising) which a person may have to be indemnified against expenses incurred by him.

(2)In determining for the purposes of any such right the reasonableness of any expenses, the possibility of avoiding them or part of them by taking advantage of this Part shall be disregarded.

(3)Where a person having any such right to be indemnified against expenses incurred in connection with any matter in respect of which a criminal aid certificate may be granted—

(a)is granted such a certificate; or

(b)has his defence before the Crown Court undertaken by counsel or solicitor or both at the request of the judge;

then the right shall inure also for the benefit of the Lord Chancellor as if any expenses defrayed or cost paid under Article 36 in relation to that certificate or defence had been expenses incurred by that person.

(4)Where—

(a)a person's right to be indemnified against expenses incurred in connection with any matter in respect of which a criminal aid certificate may be granted arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to proceedings in relation to that matter; and

(b)those liable have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

the right to be indemnified shall be treated for the purposes of paragraph (3) as not being subject to that condition.

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right on the Lord Chancellor to recover money in respect of any expenses than the person referred to in paragraph (3) would have had if the expenses had been incurred by him.

Article 38ARestriction of disclosure of information#

(1)Information which is furnished—

(a)to the Department or to any court, tribunal or other person or body on whom functions are imposed or conferred by or under this Part, and

(b)in connection with the case of a person seeking free legal aid under this Part,

shall not be disclosed except as permitted by rules under Article 36.

(2)Paragraph (1) does not limit the disclosure of—

(a)information in the form of a summary or collection of information so framed as not to enable information relating to any individual to be ascertained from it, or

(b)information about the amount of any grant, loan or other payment made to any person or body by the Department.

(3)Paragraph (1) does not prevent the disclosure of information for any purpose with the consent of the person in connection with whose case it was furnished and, where the person did not furnish it himself or herself, with that of the person or body who did.

(4)A person who discloses any information in contravention of this Article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5)Proceedings for an offence under this Article shall not be brought except by, or with the consent of, the Director of Public Prosecutions.

(6)Nothing in this Article applies to information furnished to a personassigned to provide free legal aid under this Part by or on behalf of a person receiving such legal aid.

Article 39Interpretation of Part III#

In this Part—• “the certifying authority” has the meaning assigned to that expression by Article 29(2);• “child” has the meaning given in Article 2(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);• “court-ordered youth conference” has the meaning assigned to that expression by Article 33A(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998;• “criminal aid certificate” means a certificate granted under Article 28(1), 28A(3), 29(2) or 30(3);• “diversionary youth conference” has the meaning assigned to that expression by Article 10A(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;• “magistrates' court” has the meaning assigned to that expression by Article 2(2)(b) of the Magistrates' Courts (Northern Ireland) Order 1981;• ^note...• “statutory provision” has the meaning assigned to it by section 1( f) of the Interpretation Act (Northern Ireland) 1954 .

Part IV · Miscellaneous

Article 40Exemption from stamp duty#

Stamp duty shall not be chargeable in respect of—

(a)any form of application for legal aid under this Order; or

(b)any form relating to the offer and acceptance of a certificate pursuant to an application for legal aid under this Order.

Article 41Applications to Crown#

This Order shall bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

Article 42Amendments, repeals and revocations#

• Para.(1), with Schedule 3, effects amendments• Para.(2) with Schedule 4, effects repeals

(3)In any other statutory provision for the words “legal aid certificate”, “defence certificate” or “appeal aid certificate” wherever they occur there shall be substituted the words “ criminal aid certificate ”.

Schedule 1 · Proceedings for which legal aid may be given under article 9

Part I · Description of proceedings

(1)Proceedings in any of the following courts—

(a)the^note House of Lords in the exercise of its jurisdiction in relation to any appeal from Northern Ireland;

(b)the Judicial Committee of the Privy Council in the exercise of its jurisdiction in relation to any appeal or reference from Northern Ireland;

(c)the High Court and the Court of Appeal;

(d)any county court.

(2)Proceedings before any person to whom a case is referred in whole or in part by any of the courts mentioned in paragraph 1.

(2A)

(1)The following proceedings in the Crown Court under the Proceeds of Crime Act 2002—

(a)proceedings which relate to a direction under section 202(3) ^note. . . as to the distribution of funds in the hands of a receiver;

(b)applications under section 210 relating to action taken or proposed to be taken by a receiver;

(c)applications under section 211 to vary or discharge an order under any of sections 196 to 199 for the appointment of or conferring powers on a receiver;

(ca)proceedings which relate to a direction under section 215D;

(d)applications under section 220 or 221 for the payment of compensation;

(e)applications under sections 351(3), 362(3), 369(3) or 375(2) to vary or discharge certain orders made under Part 8.

(2)But sub-paragraph (1) does not apply in relation to a defendant (within the meaning of Part 4 of that Act) in the following proceedings—

(a)proceedings mentioned in head (a) of that sub-paragraph;

(b)an application under section 221 for the payment of compensation if the confiscation order was varied under section 179.

(2B)Proceedings in the Crown Court for the variation or discharge of an order under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997.

(3)The following proceedings in a court of summary jurisdiction, namely—

(b)proceedings for or relating to an order under the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945 ^note. . . the Domestic Proceedings (Northern Ireland) Order 1980 or the Family Homes and Domestic Violence (Northern Ireland) Order 1998 or Schedule 16 to the Civil Partnership Act 2004;

(c)proceedings under section 22 of the Maintenance Orders Act 1950 and section 13 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 ;

(d)proceedings under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom, and any such proceedings as are referred to in sub-paragraph ^note. . . ( b) brought by virtue of Part II of the said Act of 1972;

(e)debt or ejectment proceedings within the meaning of Part VI of the Magistrates' Courts (Northern Ireland) Order 1981, other than proceedings under Article 62(2) of that Order;

(f)proceedings under ^note. . . the Children (Northern Ireland) Order 1995;

(g)proceedings under Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972 and section 101 of the Social Security Administration (Northern Ireland) Act 1992.

(h)appeals under Article 22 of the Child Support (Northern Ireland) Order 1991, so far as such appeals are to be made to a court of summary jurisdiction by virtue of Article 2 of the Child Support Appeals (Jurisdiction of Courts) Order (Northern Ireland) 1993, and proceedings under Article 28 of the Child Support (Northern Ireland) Order 1991

(i)proceedings under paragraphs 3, 5, 6, 9 and 10 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.

(j)proceedings under sections 195M, 295, 297, 297E, 297F, 298, 301 and 302 of the Proceeds of Crime Act 2002

(ja)proceedings for the discharge or variation of an order under section 195M of the Proceeds of Crime Act 2002;

(jb)proceedings which relate to a direction under section 215D of the Proceeds of Crime Act 2002;

(k)proceedings for, or relating to, an anti-social behaviour order under Article 3 or 4 of the Anti-social Behaviour (Northern Ireland) Order 2004;

(l)proceedings for the variation or discharge of an order under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997.

(4)Proceedings in the Restrictive Practices Court under Part III of the Fair Trading Act 1973 , and any proceedings in that court in consequence of an order made or undertaking given to the Court, under that Part of the Act.

(6)Proceedings in the Lands Tribunal for Northern Ireland.

(6A)Proceedings before the First-tier Tribunal under—

(i)Schedule 2 to the Immigration Act 1971;

(ii)section 40A of the British Nationality Act 1971;

(iii)Part 5 of the Nationality, Immigration and Asylum Act 2002;

(iv)regulation 26 of the Immigration (European Economic Area) Regulations 2006.

(6B)Proceedings before the Upper Tribunal arising out of proceedings within paragraph 6A.

(6C)Proceedings before the Special Immigration Appeals Commission.

(7)Proceedings in the Enforcement of Judgments Office in connection with any proceedings mentioned in the foregoing paragraphs.

(8)Proceedings brought by an individual before a Proscribed Organisations Appeal Commission.

Part II · Excepted proceedings

(1)Proceedings in respect of which free legal aid may be given under Part III of this Order.

(2)Proceedings wholly or partly in respect of—

(b)the loss of the services of a woman or girl in consequence of her rape or seduction.

(3)Proceedings wholly or partly in respect of defamation; but the making of a counterclaim for defamation in proceedings for which legal aid may be given shall not of itself affect any right of a defendant to the counterclaim to legal aid in the proceedings and legal aid may be granted to enable him to defend such counterclaim.

(4)Relator actions.

(5)Election petitions under the Representation of the People Act 1983 or the Electoral Law Act (Northern Ireland) 1962 .

(6)Proceedings (other than proceedings referred to in paragraph 7 of Part I) for the recovery of a debt (including liquidated damages) which is admitted where the only question to be brought before the court is as to the time and mode of payment of that debt.

(7)Proceedings incidental to any proceedings to which the foregoing paragraphs apply.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 2 · Remuneration of persons giving legal aid under part II of this order

(1)

(1)The sums allowed to counsel in connection with proceedings in the House of Lords, the Court of Appeal or the High Court, shall be ninety‐five per cent, or such larger percentage as may be prescribed, of the amount allowed on taxation of the costs.

(2)The sums allowed to counsel in connection with proceedings in the county court shall—

(a)where the costs are taxed, be the full amount allowed on taxation of the costs;

(b)where the costs are not taxed, be such amounts as the Lord Chancellor, after consultation with the County Court Rules Committee, may by order determine.

(3)The sums allowed to counsel in connection with proceedings in courts of summary jurisdiction shall be such amounts as the Lord Chancellor, after consultation with the Magistrates' Courts Rules Committee, may by order determine.

(4)The sums allowed to counsel in any other case shall be such as may be determined in the prescribed manner.

(2)

(1)The sums allowed to a solicitor in connection with proceedings in the House of Lords, the Court of Appeal or the High Court shall be the full amount allowed on taxation of the costs on account of disbursements and ninety‐five per cent, or such larger percentage as may be prescribed, of the amount so allowed on account of profit costs.

(2)The sums allowed to a solicitor in connection with proceedings in the county court shall—

(a)where the costs are taxed, be the full amount allowed on taxation of the costs;

(b)where the costs are not taxed, be such amounts as the Lord Chancellor, after consultation with the County Court Rules Committee, may by order determine.

(3)The sums allowed to solicitors in connection with proceedings in courts of summary jurisdiction shall be such amounts as the Lord Chancellor, after consultation with the Magistrates' Courts Rules Committee, may by order determine.

(4)The sums allowed to a solicitor in any other case shall be such as may be determined in the prescribed manner.

(3)For the purpose of sub-paragraphs (1) and (2)( a) of paragraph 1, counsel's fees shall be taxed as if they had been paid by the solicitor, but shall not by reason thereof be treated as disbursements for the purposes of paragraph 2.

(4)Subject to paragraph 3, and to any statutory provision to the contrary, costs shall be taxed for the purposes of this Schedule on the standard basis within the meaning of the Rules of the Supreme Court (Northern Ireland) 1980, but no question shall be raised as to the propriety of any act for which prior approval was obtained as required by regulations.

(5)Regulations may provide that for the purposes of this Schedule, instead of costs being taxed in the ordinary way, the amount of the costs shall be fixed (whether by an officer of the court or not) by an assessment made without taxation but with a view to allowing as nearly as may be the same amount as on a taxation.

(6)The Lord Chancellor in exercising any power under this Schedule to make an order as to the amounts of the sums allowed to counsel or a solicitor, and in making any regulations relating to such amounts for the purposes of the Schedule, and any person by whom any such amount is determined under any such order or regulations in any particular case, shall have regard , among the matters which are relevant, to—

(a)the time and skill which work of the description to which the order relates, or the regulations relate, requires;

(b)the number and general level of competence of persons undertaking work of that description;

(c)the cost to public funds of any provision made by the order or regulations; and

(d)the need to secure value for money,

but nothing in this paragraph shall require him to have regard to any fees payable to solicitors and counsel otherwise than under this Schedule.

(7)Orders under this Schedule shall be subject to negative resolution.

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