The Magistrates' Courts (Northern Ireland) Order 1981 No. 1675 (NI. 26)

PART XIII N.I. GENERAL

Representation N.I.

Appearance by counsel or solicitor N.I.

164.—(1) A party to any proceedings before a magistrates' court may be represented by counsel or solicitor; and an absent party so represented shall, except where any provision in any enactment (including this Order) or any condition of a recognizance expressly requires his presence, be deemed not to be so absent.

(2) Where a magistrates' court is satisfied that a party to proceedings is unable through illness or other reasonable cause to appear, the court may grant special leave to the father, son, mother, daughter,[F1 spouse, civil partner], brother or sister of such party to appear and be heard.

(3) For the purposes of paragraph (1), counsel or solicitor shall be construed subject to Article 5 of the European Communities (Services of Lawyers) Order 1978F2 .

F1 2004 c. 33 (amending legislation states to subst. these words in para. (3) not (2)).

F2 SI 1978/1910

Conduct of proceedings by police officer N.I.

165.  Where in proceedings before a magistrates' court the complainant is a member of the Royal Ulster Constabulary, the court may allow a member of the Royal Ulster Constabulary not below the rank of Inspector to conduct proceedings on behalf of the complainant.

Corporations N.I.

166.  The provisions of Schedule 4 shall apply where a corporation is charged with an indictable offence before a magistrates' court.

Modifications etc. (not altering text)

C1 Art. 166 applied (20.1.2007 for certain purposes, 6.4.2007 for certain purposes, 1.10.2007 for certain purposes, 6.4.2008 for certain purposes, 1.10.2008 for certain purposes, otherwise 1.10.2009) by Companies Act 2006 (c. 46), ss. 1130(2)(b)(iii), 1300(2) (with s. 1133); S.I. 2006/3428, art. 3(2)(b) (subject to art. 5, Sch. 1 and with arts. 6,8, Sch. 5); S.I. 2007/1093, art. 2(2)(c) (with art. 11(1)); S.I. 2007/2194, art. 2(1)(l)(3)(h) (with art. 12); S.I. 2007/3495, arts. 3(3)(g), 5(3)(a) (with arts. 7, 12); S.I. 2008/2860, art. 3(s) (with art. 8)

C2 Art. 166 applied (6.4.2008) by Companies Act 2006 (c. 46), ss. 1257(4), 1300(2); S.I. 2007/3495, art. 3(1)(u) (with arts. 7, 12)

C3 Art. 166 applied (31.3.2010) by Horse Passports Regulations (Northern Ireland) 2010 (S.R. 2010/40), reg. 22(2)(b)

C4 Art. 166 applied (31.1.2016) by The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015 (S.R. 2015/425), regs. 1(1), 27(5)(b) (with reg. 29)

C5 Art. 166 applied (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), regs. 1(2), 27(4)(c)

C6 Art. 166 applied (29.3.2019) by The Equine Identification Regulations (Northern Ireland) 2019 (S.R. 2019/67), regs. 1, 20(2)(b)

C7 Art. 166 applied (6.7.2020 at 1.00 p.m.) by The Global Human Rights Sanctions Regulations 2020 (S.I. 2020/680), regs. 1(2), 35(3)(b)(ii)