The Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2005

Made: 9th March 2005

To be laid before Parliament

Coming into operation: 4th April 2005

The Lord Chancellor, in exercise of the powers conferred by Article 36(3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981[^f00001], and now vested in him[^f00002], after consultation with the Lord Chief Justice, the Attorney General and the Crown Court Rules Committee and with the approval of the Treasury, hereby makes the following Rules:

Citation and commencement

1

These Rules may be cited as the Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2005 and shall come into operation on 4th April 2005.

Interpretation

2

In these Rules “the principal rules” means the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992[^f00003].

Amendment to the principal rules

3

• (1) For rule 4(1) of the principal rules there shall be substituted the following new provision –

• Subject to paragraphs (1A) and (1B), costs in respect of work done under a criminal aid certificate shall be determined by the appropriate authority in accordance with these Rules and having regard to such directions as may be issued by the Lord Chancellor.

• (2) After rule 4(1A) of the principal rules there shall be inserted –

(1B) These Rules shall not apply to costs in respect of work done under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Order on or after 4th April 2005.

Signed

Signed by authority of the Lord Chancellor

Baroness Ashton of Upholland — Parliamentary Under-Secretary of State, — Department for Constitutional Affairs — Dated 9th March 2005

We approve

Jim Murphy — Joan Ryan — Two of the Lord’s Commissioners of Her Majesty’s Treasury — Dated 14th March 2005

Explanatory note

(This note is not part of the Rules.)

These Rules amend the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992 to provide that those rules do not apply to the determination of costs in respect of Crown Court proceedings.

The remuneration for solicitors and counsel assigned under Article 29, or deemed to have been granted under Article 36(2), of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 in respect of cases in the Crown Court is prescribed under the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005.

Footnotes

[^f00001]: S.I. 1981/228 (N.I. 8)

[^f00002]: S.I. 1982/159

[^f00003]: S.R. 1992 No. 314, which was amended by S.R. 2003 No. 511 and to which there have been other amendments not relevant to these rules