
2015 No. 194 (C. 13)
Access To Justice
The Access to Justice (2003 Order) (Commencement No. 7, Transitional Provisions and Savings) Order (Northern Ireland) 2015
Made 26th March 2015
Coming into operation 1st April 2015
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, and now vested in it.
Citation and interpretation
1 

(1) This Order may be cited as the Access to Justice (2003 Order) (Commencement No. 7, Transitional Provisions and Savings) Order (Northern Ireland) 2015.
(2) In this Order—
 “advice”, “assistance” and “legal aid” have the respective meanings given by Article 27 of the 1981 Order;
 “assistance by way of representation” has the meaning given by Article 5(1) of the 1981 Order;
 “the Department” means the Department of Justice;
 “exceptional legal aid” has the meaning given by Article 10A of the 1981 Order;
 “the 1981 Order” means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981;
 “the 2003 Order” means the Access to Justice (Northern Ireland) Order 2003.
Commencement of provisions in the Access to Justice (Northern Ireland) Order 2003
2 
The provisions in the 2003 Order specified in the Schedule to this Order shall come into operation on 1st April 2015.
Transitional provisions and savings
3 

(1) Subject to paragraph (2), nothing in the provisions commenced by this Order shall take effect in relation to any of the following—
(a) except where paragraph (b) applies, advice and assistance under Part 2 of the 1981 Order where the application is signed before 1st April 2015;
(b) assistance by way of representation under Part 2 of the 1981 Order where the application is signed before 1st April 2015 and received by the Department before 1st May 2015;
(c) legal aid under Part 2 of the 1981 Order where the application is signed before 1st April 2015 and received by the Department before 1st May 2015;
(d) exceptional legal aid under Part 2 of the 1981 Order where the application is signed before 1st April 2015 and received by the Department before 1st May 2015;
(e) free legal aid under Part 3 of the 1981 Order in relation to criminal proceedings.
(2) Any reference to the Northern Ireland Legal Services Commission in any statutory provision made, or treated as made, under the 1981 Order, in so far as it remains in operation, shall be construed as a reference to the Department.
(3) Without prejudice to paragraph (1), the repeal of Articles 22 and 27 of the 1981 Order shall not affect the power under that Order to make regulations in relation to any of the services mentioned in paragraph (1)(a) to (d).
Consultation
4 
Consultation undertaken by the Department in relation to any remuneration order made under Article 12(3) of the 2003 Order is deemed to be consultation by the Department under Article 47(2) of that Order notwithstanding that at the time of that consultation Article 47(2) was not in operation.
Prohibitory directions
5 
With effect from 1st April 2015, any prohibitory direction made under regulation 8 of the Legal Aid (General) Regulations (Northern Ireland) 1965 shall also have effect as if it had been made in accordance with regulation 30 of the Civil Legal Services (General) Regulations (Northern Ireland) 2015.
Sealed with the Official Seal of the Department of Justice on 26th March 2015
David Ford
Minister of Justice

SCHEDULE
PROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 1st APRIL 2015
Article 2


Provisions of the Access to Justice (Northern Ireland) Order 2003 Subject matter of provision
Article 6 Planning
Article 7(6) and (7) Powers of the Department
Article 9 Northern Ireland law and foreign law
Articles 10 to 20A Civil legal services
Article 32 Restriction of disclosure of information
Article 33 Misrepresentation etc.
Article 34 Position of service providers and other parties etc.
Article 35 Solicitors and barristers
Article 36 Register of persons providing services
Article 47 Remuneration orders
Schedule 2 Civil Legal Services: Excluded Services
Schedule 4, except for paragraphs 6(1) to (3),10(a), 15 and 17 Minor and Consequential Amendments
Schedule 5, the entries in respect of— Repeals – Extent of repeal
The Solicitors (Northern Ireland) Order 1976 The full entry
The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 Part 2, to the extent that it remains in operation prior to the making of this Order
The Civil Jurisdiction and Judgments Act 1982 The full entry
The Transfer of Functions (Legal Aid and Maintenance Orders) (Northern Ireland) Order 1982 Paragraphs 1(a) to (h) and (l), 2, 3 and 5
The Representation of the People Act 1983 The full entry
The Child Abduction and Custody Act 1985 The full entry
The Education and Libraries (Northern Ireland) Order 1986 The full entry
The Companies Consolidation (Consequential Provisions) (Northern Ireland) Order 1986 The full entry
The Legal Advice and Assistance (Amendment) (Northern Ireland) Order 1986 The full entry
The Social Security (Northern Ireland) Order 1986 The full entry
The Solicitors (Amendment) (Northern Ireland) Order 1989 The full entry
The Social Security (Consequential Provisions) (Northern Ireland) Act 1992 The full entry
The Family Law (Northern Ireland) Order 1993 The full entry
The Companies (1990) (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations (Northern Ireland) 1993 The full entry
The Children (Northern Ireland) Order 1995 The full entry
The Jobseekers Allowance (Northern Ireland) Order 1995 The full entry
The Family Homes and Domestic Violence (Northern Ireland) Order 1998 The full entry
The Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999 The full entry
The Terrorism Act 2000 Paragraph 4 in Schedule 15
The Anti-Terrorism, Crime and Security Act 2001 The full entry
The Tax Credits Act 2002 The full entry
The Justice (Northern Ireland) Act 2002 Section 77 and, in Schedule 12, paragraphs 17 and 28
The Proceeds of Crime Act 2002 The full entry
Nationality, Immigration and Asylum Act 2002 The full entry
The Access to Justice (Northern Ireland) Order 2003 Paragraph 6(2) and (4) in Schedule 4