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Access to Justice (Northern Ireland) Order 2003

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Access to Justice (Northern Ireland) Order 2003, Paragraph 2 is up to date with all changes known to be in force on or before 26 May 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

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2.  The Commission may not fund services consisting of representation in any proceedings, except, subject to paragraph 4, such proceedings as are specified in sub-paragraphs (a) to (j)—

(a)proceedings in—

(i)theF1 House of Lords in the exercise of its jurisdiction in relation to any appeal from Northern Ireland,

F2(ii)the Judicial Committee of the Privy Council in the exercise of its jurisdiction under the Northern Ireland Act 1998F3 or in relation to any appeal or reference from Northern Ireland,

(iii)the Court of Appeal,

(iv)the High Court, or

(v)any county court,

(b)proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within sub-paragraph (a),

(c)proceedings in the Crown Court under the Proceeds of Crime Act 2002F4 to the extent specified in paragraph 3,

(d)proceedings in a court of summary jurisdiction—

(i)for or relating to an order under the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945F5 or the Domestic Proceedings (Northern Ireland) Order 1980F6 or the Family Homes and Domestic Violence (Northern Ireland) Order 1998F7[F8 or Schedule 16 to the Civil Partnership Act 2004],

(ii)under section 22 of the Maintenance Orders Act 1950F9 or section 13 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966F10,

(iii)under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972F11 relating to a maintenance order made by a court of a country outside the United Kingdom,

(iv)such as are referred to in paragraph (i) and are brought by virtue of Part II of the Maintenance Orders (Reciprocal Enforcement) Act 1972,

(v)which are debt or ejectment proceedings within the meaning of Part VI of the Magistrates' Courts (Northern Ireland) Order 1981F12, other than proceedings under Article 62(2) of that Order,

(vi)under section 97, 143 or 144(1) of the Children and Young Persons Act (Northern Ireland) 1968F13 or the Children (Northern Ireland) Order 1995F14,

(vii)under Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972F15 or section 101 of the Social Security Administration (Northern Ireland) Act 1992F16,

(viii)which are appeals under Article 22 of the Child Support (Northern Ireland) Order 1991F17, so far as such appeals are to be made to a court of summary jurisdiction by virtue of Article 2 of the Child Support Appeals (Jurisdiction of Courts) Order (Northern Ireland) 1993F18,

(ix)under Article 28 of the Child Support (Northern Ireland) Order 1991,

Sub para. (x) rep. by 2003 c. 42

(xi)for an order or direction under paragraph 3, 5, 6, 9 or 10 of Schedule 1 to the Anti-Terrorism, Crime and Security Act 2001F19,F20. . .

(xii)for an order or direction under section 295, 297, 298, 301 or 302 of the Proceeds of Crime Act 2002,[F21 or]

[F21(xiii)under section 89, 90, 97, 100, 104, 108, 109, 114, 118, 123, 125 or 126 of the Sexual Offences Act 2003,]

(e)proceedings in any devolution issue (within the meaning of Schedule 10 to the Northern Ireland Act 1998, Schedule 8 to the Government of Wales Act 1998F22 or Schedule 6 to the Scotland Act 1998F23) before any court in Northern Ireland,

(f)proceedings brought by an individual before the Proscribed Organisations Appeal Commission,

(g)proceedings before the Mental Health Review Tribunal,

(h)proceedings in the Lands Tribunal for Northern Ireland,

[F24(i)proceedings before the Asylum and Immigration Tribunal or the Special Immigration Appeals Commission,]

(j)proceedings in the Enforcement of Judgments Office in connection with any proceedings mentioned in sub-paragraphs (a) to (i).F25

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