Search Legislation

Access to Justice (Northern Ireland) Order 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Supplementary

 Help about opening options

Changes to legislation:

Access to Justice (Northern Ireland) Order 2003, Cross Heading: Supplementary is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. 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 legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

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):

SupplementaryN.I.

Restriction of disclosure of informationN.I.

32.—(1) Information which is furnished—

(a)to the [F1Department] or 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 an individual seeking or receiving civil legal services or criminal defence services funded by the [F1Department] ,

shall not be disclosed except as permitted by regulations.

(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 [F1Department] .

(3) Paragraph (1) does not prevent the disclosure of information for any purpose with the consent of the individual in connection with whose case it was furnished and, where he did not furnish it himself, 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 Attorney General.

(6) Nothing in this Article applies to information furnished to a person providing civil legal services or criminal defence services funded by the [F1Department] by or on behalf of an individual seeking or receiving such services.

F1Word in art. 32 substituted (18.11.2014) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(2)(d)(iii), Sch. 2 para. 6(31) (with ss. 2(3), 9, Sch. 1 para. 3(3)) (but this amendment cannot take effect until the commencement of S.I. 2003/435, art. 32)

Commencement Information

I1Art. 32 in operation at 1.4.2015 by S.R. 2015/194, art. 2, Sch. (with art. 3)

Misrepresentation etc.N.I.

33.—(1) Any person who—

(a)intentionally fails to comply with any requirement imposed by virtue of this Part as to the information to be furnished by him, or

(b)in furnishing any information required by virtue of this Part makes any statement or representation which he knows or believes to be false,

shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to—

(a)a fine not exceeding level 4 on the standard scale, or

(b)imprisonment for a term not exceeding three months,

or to both.

(3) Notwithstanding any statutory provision prescribing the period within which summary proceedings may be commenced, proceedings in respect of an offence under paragraph (1) may be commenced at any time within the period of six months beginning with the date on which evidence, sufficient in the opinion of the Attorney General to justify a prosecution for the offence, comes to his knowledge.

(4) But paragraph (3) does not authorise the commencement of proceedings for an offence at a time more than two years after the date on which the offence was committed.

(5) For the purposes of paragraph (3) a certificate purporting to be signed by the Attorney General as to the date on which evidence such as is mentioned in that paragraph has come to his knowledge, shall be conclusive evidence thereof.

(6) A county court shall, notwithstanding any limitation imposed on the jurisdiction of a county court under any other statutory provision, have jurisdiction to hear and determine any action brought by the [F2Department] to recover loss sustained by reason of—

(a)the failure of any person to comply with any requirement imposed by virtue of this Part as to the information to be furnished by him, or

(b)a false statement or false representation made by any person in furnishing any information required by virtue of this Part.

Commencement Information

I2Art. 33 in operation at 1.4.2015 by S.R. 2015/194, art. 2, Sch. (with art. 3)

Position of service providers and other parties etc.N.I.

34.—(1) Except as expressly provided by regulations, the fact that civil legal services or criminal defence services provided for an individual are or could be funded by the [F3Department] , shall not affect—

(a)the relationship between that individual and the person by whom they are provided or any privilege arising out of that relationship, or

(b)any right which that individual may have to be indemnified, in respect of expenses incurred by him, by any other person.

(2) A person who provides civil legal services or criminal defence services funded by the [F3Department] shall not take any payment in respect of the services apart from—

(a)that made by way of that funding, and

(b)any authorised by the [F3Department] to be taken.

(3) Where civil legal services funded by the [F3Department] are provided in connection with any proceedings, any expenses incurred in connection with the proceedings, so far as they would ordinarily be paid in the first instance by or on behalf of the person providing the services, shall be so paid except where they are paid by the [F3Department] .

(4) The withdrawal of a right to representation previously granted to an individual shall not affect the right of any person who has provided to him civil legal services or criminal defence services funded by the [F3Department] to remuneration for work done before the date of the withdrawal.

(5) Except as expressly provided by regulations, any rights conferred by or by virtue of this Part on an individual for whom civil legal services or criminal defence services are funded by the [F3Department] in relation to any proceedings shall not affect—

(a)the rights or liabilities of other parties to the proceedings, or

(b)the principles on which the discretion of any court or tribunal is normally exercised.

(6) Regulations may make provision about the procedure of any court or tribunal in relation to civil legal services or criminal defence services funded by the [F3Department] .

(7) Regulations made under paragraph (6) may in particular authorise the exercise of the functions of any court or tribunal by any member or officer of that or any other court or tribunal.

Commencement Information

I3Art. 34 in operation at 1.4.2015 by S.R. 2015/194, art. 2, Sch. (with art. 3)

Solicitors and barristersN.I.

35.—(1) The [F4Department] shall not fund any civil legal services or criminal defence services provided by a solicitor who is for the time being prohibited from providing such services by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976F5.

(2) The [F4Department] shall not fund any civil legal services or criminal defence services provided by a barrister who is for the time being prohibited from providing such services by any 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 barristers.

(3) The [F4Department]

(a)may make a complaint to the Law Society about the provision of civil legal services or criminal defence services by a solicitor;

(b)may refer to the Law Society any complaint which is made to the [F4Department] about the provision of such services by a solicitor;

(c)may make a complaint to the General Council of the Bar of Northern Ireland about the provision of civil legal services or criminal defence services by a barrister; and

(d)may refer to the General Council of the Bar of Northern Ireland any complaint which is made to the [F4Department] about the provision of such services by a barrister.

(4) Any right conferred on an individual by virtue of this Part to select a person to provide civil legal services or criminal defence services for him shall not prejudice the law and practice relating to the conduct of proceedings by a solicitor or barrister or the circumstances in which a solicitor or counsel may refuse or give up a case or entrust it to another.

Commencement Information

I4Art. 35 in operation at 1.4.2015 by S.R. 2015/194, art. 2, Sch. (with art. 3)

Register of persons providing servicesN.I.

36.—(1) Regulations may—

(a)make provision for the registration by the [F6Department] of persons who are eligible to provide civil legal services or criminal defence services funded by the [F6Department] ;

(b)provide that only those persons who are registered ( “registered persons”) may provide such services; and

(c)require registration of firms or organisations with which registered persons are connected.

(2) Regulations may require the [F6Department] 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 persons, and any firm or organisation which is registered in connection with a registered person, of their functions with regard to civil legal services or criminal defence services funded by the [F6Department] .

(3) Regulations—

(a)may require registered persons, and any firm or organisation which is registered in connection with a registered person, to comply with any such code of practice;

(b)[F7may] require the [F6Department] or persons authorised by the [F6Department] to monitor compliance with any such code of practice; and

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

(i)it appears to the [F6Department] or a person authorised by the [F6Department] that a registered person, or any firm or organisation which is registered in connection with a registered person, may not be complying with any such code of practice, or

(ii)a person who holds any judicial office asks the [F6Department] to investigate whether a registered person, or any firm or organisation which is registered in connection with a registered person, is complying with any such code of practice,

and the sanctions which may be imposed under this sub-paragraph may include provision for a person, firm or organisation to cease to be registered.

(4) Regulations under this Article—

(a)may make provision imposing charges;

(b)may make provision with respect to the powers of investigation which may be exercised by the [F6Department] , or by persons authorised by the [F6Department] , for the purpose of monitoring compliance with any code of practice prepared under the regulations;

(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 court in relation to contempt of court to be exercisable in relation to such obstruction.

(5) Before making any regulations under this Article the Lord Chancellor—

(a)shall consult the Lord Chief Justice, the Law Society and the General Council of the Bar of Northern Ireland, and

(b)may undertake such other consultation as appears to him to be appropriate.

F6Word in art. 36 substituted (18.11.2014) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(2)(d)(iii), Sch. 2 para. 6(35)(a) (with ss. 2(3), 9, Sch. 1 para. 3(3)) (but this amendment cannot take effect until the commencement of S.I. 2003/435, art. 36)

F7Word in art. 36(3)(b) inserted (18.11.2014) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(2)(d)(iii), Sch. 2 para. 6(35)(b) (with ss. 2(3), 9, Sch. 1 para. 3(3)) (but this amendment cannot take effect until the commencement of S.I. 2003/435, art. 36)

Commencement Information

I5Art. 36 in operation at 1.4.2015 by S.R. 2015/194, art. 2, Sch. (with art. 3)

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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