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The Access to Justice (Northern Ireland) Order 2003 (Commencement No. 2) Order (Northern Ireland) 2003
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Statutory Rules of Northern Ireland
2003 No. 440 (C. 33)
ACCESS TO JUSTICE
The Access to Justice (Northern Ireland) Order 2003 (Commencement No. 2) Order (Northern Ireland) 2003
Made
4th October 2003
Coming into operation
2nd November 2003
The Lord Chancellor, in exercise of the powers conferred on him by Articles 1(2) and 48(1) of the Access to Justice (Northern Ireland) Order 2003(1) hereby makes the following Order: –
Citation and interpretation
1. This Order may be cited as the Access to Justice (Northern Ireland) Order 2003 (Commencement No. 2) Order (Northern Ireland) 2003.
2. In this Order:
“the 2003 Order” means the Access to Justice (Northern Ireland) Order 2003; and
“the second appointed day” has the same meaning as in paragraph 1 of Schedule 3 to the 2003 Order.
Commencement
3. The provisions of the 2003 Order specified in the Schedule to this Order shall come into operation on 2nd November 2003 subject to the transitional provisions in Article 4 of this Order.
Transitional provisions
4. Until the second appointed day –
(1) in Article 12(8)
(a)in sub-paragraph (a) for the words “any of the services specified in Schedule 2” there shall be substituted the words “advice, assistance or representation”;
(b)in sub-paragraph (b) for the words “any of those services” there shall be substituted the words “advice, assistance or representation”;
(2) in Article 12(9)
(a)for the words “a service specified in Schedule 2” there shall be substituted the words “advice, assistance or representation”;
(b)for the words “the service” there shall be substituted the words “the advice, assistance or representation”; and
(3) in Article 12(10) for the words “Articles 13 to 20 do not apply to civil legal services funded” there shall be substituted the words “Articles 9, 10(1) and (4) to (5), 11, 12, 13, 14, 16 and 17 of and Schedule 2 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(2) do not apply to funding”.
Signed by authority of the Lord Chancellor
Lord Filkin
Parliamentary Under Secretary of State
Department of Constitutional Affairs
Dated 4th October 2003
Article 3
SCHEDULEPROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 2nd NOVEMBER 2003
| Provision of the Access to Justice (Northern Ireland) Order 2003 | Subject matter of provision |
|---|---|
| Articles 12(8) to (11) | Services which may be funded |
| Article 49(1) and (2) to the extent necessary to bring into operation the provisions of Schedules 4 and 5 specified in this Schedule | Minor and consequential amendments and Repeals |
| Schedule 4, paragraphs 6(1) and (2) | Minor and consequential amendments |
| Schedule 5, in the entry in respect of the Justice (Northern Ireland) Act 2002, the repeal of section 76 and Schedule 12 paragraphs 18 to 22 | Repeals |
Explanatory Note
(This note is not part of the Order.)
This Commencement Order which is the second to be made under the Access to Justice (Northern Ireland) Order 2003 brings into operation on 2nd November 2003 those provisions of the Order set out in the Schedule to this Order.
The coming into operation of Article 12(8) to (10) is subject to the transitional provisions in Article 4 of this Order.
Note as to Earlier Commencement Orders
(This note is not part of the Order.)
| Provision of Order | Date of Commencement | Statutory Rule Number |
|---|---|---|
| Article 3(1) and (4) partially | 28th July 2003 | S.R. 2003 No. 344 |
| Article 4 | 28th July 2003 | |
| Article 48(2) and (3) partially | 28th July 2003 | |
| Schedule 1, paragraphs 1 to 11, 13 and 14 | 28th July 2003 | |
| Schedule 3, paragraphs 8 to 11 | 28th July 2003 | |
| Article 3(1), (2), (3) and (4) | 1st November 2003 | |
| Article 7(1) to (5) | 1st November 2003 | |
| Article 8 | 1st November 2003 | |
| Article 46(1) and (3) | 1st November 2003 | (As amended by S.R. 2003 No. 439) |
| Article 48(2) and (3) | 1st November 2003 | |
| Article 49(1) and (2) partially | 1st November 2003 | |
| Schedule 1, paragraphs 12(1)(b) and (2) and paragraphs 15 to 18 | 1st November 2003 | |
| Schedule 3, paragraphs 1 to 7 and paragraphs 12 and 13 | 1st November 2003 | |
| Schedule 4, paragraphs 10(a) and 17 | 1st November 2003 | |
| Schedule 5 (partially) | 1st November 2003 |
(1)
S.I. 2003/435 (N.I. 10)
(2)
S.I. 1981/228 (N.I. 8)
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