Search Legislation

Access to Justice (Northern Ireland) Order 2003

Changes to legislation:

Access to Justice (Northern Ireland) Order 2003 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

  1. Introductory Text

  2. PART I CITATION, COMMENCEMENT AND INTERPRETATION

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 CIVIL LEGAL SERVICES AND CRIMINAL DEFENCE SERVICES

    1. Functions of the Department: general

      1. 3.Exercise of functions of the Department under this Part

      2. 4.Membership of the Commission

      3. 5.Power to replace Commission with two bodies

      4. 6.Planning

      5. 7.Powers of Commission

      6. 8.Guidance

      7. 9.Northern Ireland law and foreign law

    2. Civil legal services

      1. 10.Civil legal services

      2. 11.Funding of civil legal services by Department

      3. 12.Services which may be funded

      4. 12A.Exceptional funding

      5. 13.Individuals for whom services may be funded

      6. 14.Decisions about provision of funded services

      7. 15.Regulations as to procedures for funding decisions

      8. 16.Procedure relating to funding code

      9. 17.Terms of provision of funded services

      10. 18.Costs orders against assisted parties

      11. 19.Costs of successful unassisted parties

      12. 20.Regulations about costs in funded cases

      13. 20A.Appeal panels

    3. Criminal defence services

      1. 21.Criminal defence services

      2. 22.Criminal defence services: code of conduct

      3. 23.Advice and assistance

      4. 24.Representation

      5. 25.Individuals to whom right to representation may be granted

      6. 26.Grant of right to representation by court

      7. 27.Grant of right to representation by Commission

      8. 28.Appeals

      9. 29.Criteria for grant of right to representation

      10. 30.Selection of representative

      11. 31.Terms of provision of funded services

    4. Supplementary

      1. 32.Restriction of disclosure of information

      2. 33.Misrepresentation etc.

      3. 34.Position of service providers and other parties etc.

      4. 35.Solicitors and barristers

      5. 36.Register of persons providing services

  4. PART III OTHER FUNDING OF LEGAL SERVICES

    1. Conditional fee and litigation funding agreements

      1. 37.Interpretation of Part III

      2. 38.Conditional fee agreements

      3. 39.Conditional fee agreements: supplementary

      4. 40.Litigation funding agreements

      5. 41.Litigation funding agreements: the Commission

      6. 42.Litigation funding agreements: costs

    2. Costs

      1. 43.Recovery of insurance premiums by way of costs

      2. 44.Recovery where body undertakes to meet cost liabilities

  5. PART IV SUPPLEMENTARY

    1. 45.Application to Crown

    2. 46.Orders, regulations and directions

    3. 47.Remuneration orders

    4. 48.Transitional provisions and savings

    5. Article 49—Amendments and repeals

  6. SCHEDULES

    1. SCHEDULE 1

      NORTHERN IRELAND LEGAL SERVICES COMMISSION

      1. Incorporation and status

        1. 1.. . . . . . . . . . ...

        2. 2.. . . . . . . . . . ...

      2. Tenure of members

        1. 3.. . . . . . . . . . ...

        2. 4.. . . . . . . . . . ...

        3. 5.. . . . . . . . . . ...

        4. 6.. . . . . . . . . . ...

      3. Members' interests

        1. 7.. . . . . . . . . . ...

        2. 8.. . . . . . . . . . ...

        3. 9.Remuneration

        4. 10.Staff

        5. 11.. . . . . . . . . . ...

        6. 12.Funding of costs relating to administration etc.

        7. 13.Proceedings

      4. Provision of information

        1. 14.. . . . . . . . . . ...

      5. Annual report

        1. 15.. . . . . . . . . . ...

      6. Annual plan

        1. 16.. . . . . . . . . . ...

      7. Accounts and audit

        1. 17.. . . . . . . . . . ...

      8. Instruments

        1. 18.. . . . . . . . . . ...

    2. SCHEDULE 2

      CIVIL LEGAL SERVICES: EXCLUDED SERVICES

      1. 1.The Department may not fund services consisting of the provision ...

      2. 2.The Department may not fund services consisting of representation in ...

      3. 3.These are the proceedings under the Proceeds of Crime Act ...

      4. 4.Subject to paragraph 5, the following services may not be ...

      5. 5.Notwithstanding paragraph 4, the making of a counterclaim for defamation ...

      6. 6.The Department may not fund services consisting of the provision...

    3. SCHEDULE 3

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. Interpretation

        1. 1.. . . . . . . . . . ...

      2. Rights, obligations and property

        1. 2.. . . . . . . . . . ...

      3. The Legal Aid Fund

        1. 3.. . . . . . . . . . ...

      4. Part II of the 1981 Order

        1. 4.. . . . . . . . . . ...

      5. Part III of the 1981 Order

        1. 5.. . . . . . . . . . ...

      6. Commission's annual plan and annual report

        1. 6.. . . . . . . . . . ...

      7. Grants and approvals under the 1981 Order

        1. 7.. . . . . . . . . . ...

      8. Chief Executive of the Commission

        1. 8.. . . . . . . . . . ...

      9. The Commission: transfers of employment

        1. 9.. . . . . . . . . . ...

        2. 10.. . . . . . . . . . ...

        3. 11.. . . . . . . . . . ...

      10. Pensions

        1. 12.. . . . . . . . . . ...

      11. Assistance with functions

        1. 13.. . . . . . . . . . ...

    4. Schedule 4—Amendments

    5. Schedule 5—Repeals

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources