County Courts (Northern Ireland) Order 1980

Powers of Rules Committee N.I.

48.  Without prejudice to the generality of section 21 of the Interpretation Act (Northern Ireland) 1954, the Rules Committee may, notwithstanding anything in any statutory provision, make county court rules with respect—

(a) to all matters of procedure or practice, or matters relating to or concerning the effect or operation in law of any procedure or practice, in any civil proceedings within the jurisdiction of county courts as to which rules of court have been or might lawfully be made for proceedings within the cognizance of the High Court;

(b) without prejudice to the generality of paragraph ( a)—

(i) to prescribing the circumstances in which civil proceedings may be transferred from one court to another, and the procedure preliminary to and consequent upon such transfer;

(ii) to authorising any civil actions in which the defendant fails to appear at the hearing or admits the claim to be heard and determined by the prescribed officer or by a circuit registrar;

(iii) to authorising a decree to be obtained through the Office in any action in which, if it had been brought in the High Court, the plaintiff could have obtained judgment by default;

(iv) to providing that in such cases or classes of case as may be prescribed the costs are to be in the discretion of the judge;

(c) to regulating matters of practice, procedure and costs in cases within the appellate jurisdiction of county courts;

(d) to regulating or providing for any matter which immediately before 1st April 1960 was regulated or provided for or authorised by any statutory provision to be regulated or provided for by county court rules or county court orders;

(e) to the amendment or repeal of any statutory provision relating to or affecting practice or procedure in the county court.

[F1 (f) the service of process outside Northern Ireland, and the conditions subject to which process may be so served.]

F1 1982 c. 27