S.I. No. 626/2017 - Civil Legal Aid Regulations 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th January, 2018.

I, CHARLES FLANAGAN, T.D., Minister for Justice and Equality, in exercise of the powers conferred on me by section 37 of the Civil Legal Aid Act 1995 (No. 32 of 1995) and the Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 ( S.I. No. 297 of 1997 ) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011( S.I. No. 138 of 2011 ), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Civil Legal Aid Regulations 2017.

(2) The Civil Legal Aid Regulations 1996, 2002 and 2006, 2013, 2016 and these Regulations may be cited together as the Civil Legal Aid Regulations 1996 to 2017, and shall be construed together as one.

2. These regulations shall come into operation on 1 January, 2018.

3. The Civil Legal Aid Regulations 1996 ( S.I. No. 273 of 1996 ), are hereby amended by the insertion of the following as Regulation 21(14):

“(14) No contribution shall be payable by an applicant where the subject matter of the application relates solely to proceedings in the District Court (or on appeal from the District Court to the Circuit Court) where the only remedy sought by the Applicant in those proceedings is an order pursuant to the Domestic Violence Act 1996 .”

GIVEN under my Official Seal,

20 December 2017.

CHARLES FLANAGAN T.D.,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations amend the Civil Legal Aid Regulations 1996-2016 by exempting applicants from the need to make a financial contribution where the only remedy sought by the Applicant is an order pursuant to the Domestic Violence Act 1996 .

These Regulations should be taken together with the Civil Legal Aid Regulations 1996-2016.