Civil Legal Aid Act 1995
Legal aid.
27.—F22[(1) In this Act "legal aid" means representation by a solicitor of the Board, or a solicitor or barrister engaged by the Board under section 11, in any civil proceedings to which this section applies or at an inquest under Part III of the Coroners Act 1962, and includes all such assistance as is usually given by a solicitor or barrister, as the case may be, in contemplation of, ancillary to or in connection with, such proceedings or inquest, and whether for the purposes of arriving at or giving effect to any settlement in proceedings or otherwise.]
(2) F22[This section applies to an inquest under Part III of the Coroners Act 1962 where a request for legal aid has been made to the Board by a coroner pursuant to section 60 of that Act and to all civil proceedings other than proceedings relating to] designated matters in respect of which there is not for the time being an order in force under subsection (10) of section 28—
(a) conducted in the District Court, the Circuit Court, the High Court F23[, the Court of Appeal] or the Supreme Court, or
(b) conducted in any court or before any tribunal for the time being prescribed by the Minister, with the consent of the Minister for Finance, by order under this section,
including proceedings arising out of or connected with such proceedings conducted before an officer of such court or tribunal, by its direction and proceedings under Article 177 of the Treaty establishing the European Economic Community, signed at Rome on the 25th day of March, 1957.
Annotations
Amendments:
F22
Substituted (24.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 25(d)(i), (ii), commenced on enactment.
F23
Inserted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 54, S.I. No. 479 of 2014.
Modifications (not altering text):
C8
Meaning of "legal aid" extended (30.05.2018) by Criminal Evidence Act 1992 (12/1992), ss. 14C(7), 19A(16), as inserted by Criminal Law (Sexual Offences) Act 2017 (2/2017), ss. 36, 39, S.I. No. 172 of 2018.
14C. (1) ...
(7) In addition to the meaning assigned to that expression by section 27 of the Civil Legal Aid Act 1995, "legal aid" in that Act means representation by a solicitor or barrister, engaged by the Legal Aid Board under section 11 of that Act on behalf of the accused in relation to the cross-examination of a witness under subsection (3).
...
19A.—(1) In this section—
"Act of 1995" means the Civil Legal Aid Act 1995;
...
(16) In addition to the meaning assigned to that expression by section 27 of the Act of 1995, "legal aid" in that Act means representation by a solicitor or barrister, engaged by the Legal Aid Board under section 11 of that Act, on behalf of a complainant or witness in relation to a disclosure application that concerns the complainant or witness.
...
C9
Meaning of "legal aid" extended (27.09.2001) by Sex Offenders Act 2001 (18/2001), s. 35(2), S.I. No. 426 of 2001.
35.—(1) In this section “the Act of 1995” means the Civil Legal Aid Act, 1995.
(2) In addition to the meaning assigned to that expression by section 27 of the Act of 1995, “legal aid” in the Act of 1995 means representation by a solicitor or barrister, engaged by the Legal Aid Board under section 11 of that Act, on behalf of a complainant in relation to an application referred to in section 4A of the Criminal Law (Rape) Act, 1981, that concerns the complainant.
...
C10
Functions transferred and references to the Minister for and Department of Finance construed as Minister for and Department of Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
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Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 32 of 1995 |
Civil Legal Aid Act 1995 |
Sections 6, 11(4), (5), (7) and (8), 18, 19(1), 20(1), 27(2), 28(10), 30(3) and 33(9) |
|
... |
... |
... |
Note that the name of the Minister for and Department of Public Expediture and Reform as was changed to:
• Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in effect as per art. 1(2);
• Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025), in effect as per art. 1(2).
Editorial Notes:
E5
Power pursuant to subs. (2)(b) exercised (8.03.2017) by Civil Legal Aid (International Protection Appeals Tribunal) Order 2017 (S.I. No. 81 of 2017), in effect as per art. 1(2).
E6
Previous affecting provision: power pursuant to subs. (2)(b) exercised (1.12.2005) by Civil Legal Aid (Refugee Appeals Tribunal) Order 2005 (S.I. No. 730 of 2005), in effect as per art. 1(2); revoked (8.03.2017) by Civil Legal Aid (International Protection Appeals Tribunal) Order 2017 (S.I. No. 81 of 2017), art. 3, in effect as per art. 1(2).
E7
Previous affecting provision: power pursuant to subs. (2)(b) exercised (4.08.1999) by Civil Legal Aid (Refugee Legal Service) (No. 2) Order 1999 (S.I. No. 262 of 1999), in effect as per art. 1(2); revoked (1.12.2005) by Civil Legal Aid (Refugee Appeals Tribunal) Order 2005 (S.I. No. 730 of 2005), art. 3, in effect as per art. 1(2).
E8
Previous affecting provision: power pursuant to subs. (2)(b) exercised (29.03.1999) by Civil Legal Aid (Refugee Legal Service) Order 1999 (S.I. No. 74 of 1999), in effect as per art. 1(2); revoked (1.12.2005) by Civil Legal Aid (Refugee Appeals Tribunal) Order 2005 (S.I. No. 730 of 2005), art. 3, in effect as per art. 1(2).