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The Transfer of Functions (Legal Aid and Maintenance Orders) (Northern Ireland) Order 1982

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Transfer of legal aid functions

2.—(1) There are hereby transferred to the Lord Chancellor the functions of the Secretary of State under—

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

(b)the Legal Aid (General) Regulations (Northern Ireland) 1965, the Legal Aid Certificates Rules (Northern Ireland) 1966, the Legal Aid (Defence Certificates) Rules (Northern Ireland) 1966 and the Legal Aid (Appeal Aid Certificates) Rules (Northern Ireland) 1966;

(c)subsection (2) of section 28 of the Criminal Appeal (Northern Ireland) Act 1980 so far as relates to the expenses mentioned in paragraph (a) of that subsection; and

(d)section 37(3) of that Act.

(2) Any such regulations as are mentioned in Article 17(3) of the Order mentioned in paragraph (1)(a) above shall be made after consultation with the Lord Chief Justice of Northern Ireland instead of with his concurrence; and any such regulations as are mentioned in Article 22(5)(a) of that Order shall be made after consultation with the Northern Ireland Supreme Court Rules Committee instead of with their consent.

(3) The enactments mentioned in the Schedule to this Order shall have effect with the amendments there specified.

(4) In the instruments mentioned in paragraph (1)(b) above any reference which by virtue of the Northern Ireland (Modification of Enactments—No. 1) Order 1973 falls to be construed as a reference to the Secretary of State shall be construed as a reference to the Lord Chancellor.

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