Civil Legal Aid Act 1995
Interpretation.
1.—(1) In this Act, unless the context otherwise requires—
“the Act of 1956” means the Civil Service Regulation Act, 1956;
“the Act of 1977” means the European Assembly Elections Act, 1977;
F1["applicant" means, subject to subsection (1A), a person who makes an application for legal aid or advice, or both;]
“application” means an application for legal aid or advice or both;
“the Board” means the Legal Aid Board established by section 3;
“certificate” means a civil legal aid certificate issued by the Board under section 28 authorising the grant of legal aid to the person to whom the certificate relates;
“Chief Executive” shall be construed in accordance with section 10;
“civil servant in the Civil Service of the Government” means a person holding a position in the Civil Service of the Government;
“civil servant in the Civil Service of the State” means a person holding a position in the Civil Service of the State;
“contribution” means the financial contribution payable by an applicant towards the cost of providing legal aid or advice, in accordance with section 29;
“designated matters” has the meaning assigned to it by subsection (9) (a) of section 28;
F2["family mediation services" means services designed to assist persons involved in the process of seeking—
(i) a separation,
(ii) a divorce,
(iii) a dissolution of a civil partnership,
(iv) payment of maintenance,
(v) an order of a court or an agreement relating to guardianship or custody of a child, or to parental access to a child,
to reach agreement relating to some or all of such matters as relate to the persons concerned;]
“employed” means employed under a contract of service or apprenticeship;
“former Board” means the Legal Aid Board appointed under section 2.1 of the Scheme;
“the Fund” means the Legal Aid Fund provided for in section 19;
“law centre” has the meaning assigned to it by section 30;
“legal advice” has the meaning assigned to it by section 25;
“legal aid” has the meaning assigned to it by section 27;
“the Minister” means the Minister for Equality and Law Reform;
“officer of the Board” means a person (other than a solicitor's apprentice or a solicitor of the Board in respect of whom an order under section 11 (5) (a) is not in force) employed by the Board;
“recognised trade unions and staff associations” means trade unions and staff associations recognised by the Board or former Board for the purpose of negotiations which are concerned with the remuneration, conditions of employment or working conditions of officers of the Board and employees of the Board;
F3["relevant person" has the meaning it has in the Assisted Decision-Making (Capacity) Act 2015;]
“Scheme” means the “Scheme of Civil Legal Aid and Advice” laid by the Minister for Justice before each House of the Oireachtas in the month of December, 1979, as amended;
“solicitor of the Board” means a solicitor employed by the Board;
“staff of the Board” means officers of the Board and solicitors of the F4[Board;]
F5[“ward” has the meaning it has in Part 6 of the Assisted Decision-Making (Capacity) Act 2015.]
F6[(1A) A person in respect of whom a request for legal aid or advice, or both, has been made by a coroner to the Board pursuant to section 60 of the Coroners Act 1962 shall be deemed to be an applicant for the purposes of this Act.]
(2) (a) In this Act a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended.
(b) In this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
Annotations
Amendments:
F1
Substituted (24.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 25(a)(i), commenced on enactment.
F2
Inserted (1.11.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 54(a), S.I. No. 539 of 2011.
F3
Inserted (26.04.2023) by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 52(a), S.I. No. 192 of 2023, S.I. No. 193 of 2023.
F4
Substituted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 57A(a)(i), as inserted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 48, S.I. No. 194 of 2023.
F5
Inserted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 57A(a)(ii), as inserted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 48, S.I. No. 194 of 2023.
F6
Inserted (24.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 25(a)(ii), commenced on enactment.
Modifications (not altering text):
C2
Functions transferred and references to Minister for and Department of Equality and Law Reform construed as Minister for and Department of Justice (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 3, 4 and sch., in effect as per art. 1(2).
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Justice.
(2) References to the Department of Equality and Law Reform contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Justice.
4. (1) The functions vested in the Minister for Equality and Law Reform
(a) by or under any of the Acts mentioned in the Schedule to this Order, and
(b) by virtue of the Justice (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 (S.I. No. 34 of 1993).
are hereby transferred to the Minister for Justice.
(2) References to the Minister for Equality and Law Reform contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Justice.
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SCHEDULE
Acts, functions under which are transferred from the Minister for Equality and Law Reform to the Minister for Justice.
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(No. 32 of 1995) |
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Note that name of Minister for and Department of Justice was changed to:
• Justice, Equality and Law Reform (9.07.1997) by Justice (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 298 of 1997), in effect as per art. 1(2);
• Justice and Law Reform (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2);
• Justice and Equality (2.04.2011) by Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011), in effect as per art. 1(2);
• Justice (1.11.2020) by Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 452 of 2020), in effect as per art. 1(2);
• Justice, Home Affairs and Migration (5.06.2025) by Justice (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 242 of 2025), in effect as per art. 1(2).