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Access to Justice (Northern Ireland) Order 2003
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Changes over time for: Section 12
Version Superseded: 18/11/2014
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- 01/01/2006- Amendment
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Services which may be fundedN.I.
12.—(1) The Commission shall set priorities in its funding of civil legal services, and the priorities shall be set—
(a)in accordance with any directions given by the Lord Chancellor, and
(b)after taking into account the need for such services.
(2) The Commission may fund civil legal services by—
(a)entering into contracts with persons or bodies for the provision of services by them,
(b)making payments to persons or bodies in respect of the provision of services by them,
(c)making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, services,
(d)establishing and maintaining bodies to provide, or facilitate the provision of, services,
(e)making grants or loans to individuals to enable them to obtain services,
(f)itself providing services, or
(g)doing anything else which it considers appropriate for funding services,
but this paragraph is subject to Article 41.
(3) The Lord Chancellor may by order require the Commission to discharge the function in paragraph (2) in accordance with the order.
(4) The Commission may fund different civil legal services, or civil legal services provided by different means—
(a)in relation to different areas in Northern Ireland, and
(b)in relation to different descriptions of cases.
(5) The Commission may not fund as civil legal services any of the services specified in Schedule 2.
(6) Regulations may amend Schedule 2 by adding new services or omitting or varying any services; and regulations under this paragraph may, in particular, describe the services which are not to be funded as civil legal services by reference to—
(a)the court or tribunal before which proceedings are to take place,
(b)the issues involved, or
(c)the capacity in which a person seeking a service is concerned.
(7) If the effect of regulations amending Schedule 2 under paragraph (6) is that no advice or assistance of any description is to be funded as regards any area, then, so long as Schedule 2 so provides, Article 14(2)(b), 3(b), (6) and (7), and the words “advice, assistance and” in Article 10(1), shall not have effect.
Paras. (8)-(11) rep. by 2005 NI 19
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