The Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2009

Made: 29th August 2009

To be laid before Parliament

Coming into operation: 30th September 2009

In accordance with Article 37 of that Order, the Lord Chancellor has had regard to the matters specified in that Article.

Citation and commencement

1

These Rules may be cited as the Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2009 and shall come into operation on 30th September 2009.

Interpretation

2

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

Amendments 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) to (1C), 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(1B) of the principal rules, there shall be inserted—

(1C) These Rules shall not apply to costs in respect of work done under a criminal aid certificate granted under Article 28 or 30 of the Order on or after 30th September 2009.

Signed

Signed by authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under-Secretary of State — Ministry of Justice — Dated 29th August 2009

We approve

Dave Watts — Bob Blizzard — Two of the Lords Commissioners — of Her Majesty’s Treasury — Dated 4th September 2009

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

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 Magistrates’ Courts and County Court appeal proceedings.

The remuneration for solicitors and counsel assigned under Article 28 or 30 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 in respect of cases in the Magistrates’ Courts and County Court appeals is prescribed under the Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009.

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 S.R. 2005 No. 113, and to which there have been other amendments not relevant to these Rules