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The Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (Commencement No. 2) Order (Northern Ireland) 2022

Type Ni-Statutory-Rule

Publication 2022-02-22

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made

The Department of Justice, in exercise of the powers conferred by section 40(4) of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021[^f00001], makes the following Order.

Citation and interpretation

1

(1) This Order may be cited as the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (Commencement No. 2) Order (Northern Ireland) 2022.

(2) In this Order “the 2021 Act” means the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021.

Appointed Day

2

The day appointed for the coming into operation of the following provisions of the 2021 Act is 22 February 2022—

(a) Section 28 (Eligibility for victims of civil legal aid)

Signed

Sealed with the Official Seal of the Department of Justice

on 22 February 2022

Naomi Long — Minister of Justice

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into operation Section 28 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c. 2).

This provides for a waiver of the financial eligibility rules that would otherwise apply in determining a person’s application for civil legal services to enable them to be represented in proceedings under Article 8 of the Children (Northern Ireland) Order 1995. These proceedings involve contact, residence, specific issues and prohibited steps orders relating to the care of children by people with parental responsibility for them. The waiver would apply in circumstances where the person is a victim of domestic abuse, and where the person bringing the application against them is their abuser.

Footnotes

[^f00001]: 2021 c. 2 (N.I.).

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