Judicature (Northern Ireland) Act 1978

PART IX Inferior Courts

County courts

95 County courts and county court divisions

For sections 1 and 2 of the [1959 c. 25 (N.I.).] County Courts Act (Northern Ireland) 1959 there shall be substituted the following sections—

“1 County courts to be held for divisions.

(1) For the purposes of this Act, Northern Ireland shall be divided into such divisions as the Lord Chancellor may by order specify.

(2) A court shall be held for each such division at such place or places as may be specified in directions given under section 2.

(3) A court held under subsection (2) shall—

(a) subject to subsection (4), be called a county court and be a court of record ;

(b) have, throughout the whole of the division for which it is held, the jurisdiction and powers conferred on a county court by this Act or any other statutory provision.

(4) The county court so held for the division which is or includes—

(a) the area of the city of Belfast shall be called the Belfast Recorder's Court;

(b) the area of the city of Londonderry shall be called the Londonderry Recorder's Court.

2 Provision as to holding of courts.

The Lord Chancellor may give directions as to—

(a) the places at which county courts are to be held;

(b) the number of ordinary sittings of county courts which are to be held each year;

(c) the ordinary hours of sitting of county courts;

(d) the nature of the business to be transacted by any county court at any place;

(e) the cancellation of any sitting of a county court for which provision has been made under this Act where there is no, or insufficient, business to be transacted at that sitting; and

(f) such other incidental, consequential, transitional or supplementary matters as appeal to the Lord Chancellor to be necessary or proper.”.

96 Times of sitting of county courts

For section 4 of the [1959 c. 25 (N.I.).] County Courts Act (Northern Ireland) 1959 there shall be substituted the following section—

“4 Times of sitting.

(1) Subject to any provision made by virtue of section 2, in each year the Lord Chancellor shall—

(a) on or before 1st May, appoint the days for the holding of the ordinary sittings of the county court for each division for the period of 12 months commencing on 1st September next following; and

(b) on or before 1st July cause notice of the days so appointed to be published.

(2) Before appointing the days for the holding of the ordinary sittings of the county court for a division under this section, the Lord Chancellor shall consult the Lord Chief Justice and the county court judge assigned to that division under section 102.”.

97 Civil jurisdiction exercisable by circuit registrars

(1) After section 61 of the County Courts Act (Northern Ireland) 1959 there shall be inserted the following section—

“61A Civil jurisdiction exercisable by circuit registrars.

(1) Subject to subsection (3), any action in which the amount claimed, or the value of specific chattels claimed, does not exceed £300 shall, save as otherwise provided by county court rules, be heard and determined by a circuit registrar in accordance with those rules.

(2) Any order, decision or determination made by a circuit registrar by virtue of subsection (1) shall for all purposes (including the right of appeal) have the like effect as a decree pronounced by a judge and shall be embodied in a decree accordingly.

(3) Where in any action to which subsection (1) applies the amount claimed, or the value of specific chattels claimed, does not exceed £200 the circuit registrar shall, save as otherwise provided by county court rules, deal with the claim by way of arbitration in accordance with those rules.

(4) Save as otherwise provided by county court rules, no costs shall be awarded in connection with an action which, in accordance with subsection (3), is dealt with by way of arbitration.

(5) In its application to an arbitration under subsection (3) the [1937 c. 8 (N.I.).] Arbitration Act (Northern Ireland) 1937 shall have effect with such modifications as may be prescribed by county court rules.

(6) References in subsections (1) and (3) to an amount claimed include references to a balance claimed in the circumstances mentioned in section 10(1)(a) (b) and (c).

(7) The power conferred by Article 8(2)(a) of the [S.I. 1975/816 (N.I. 7).] Administration of Justice (Northern Ireland) Order 1975 on the Lord Chancellor, after consultation with the Lord Chief Justice, by order to increase the sum specified in any of the statutory provisions set out in column 1 of Schedule 1 to that Order shall include power so to increase the sums specified in subsections (1) and (3).”.

(2) Her Majesty may by Order in Council——

(a) direct that sections 71(1), (2) and (3), 76(1)(a) and 82(3) of the [1964 c. 3 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964 (which impose financial limits on the jurisdiction of courts of summary jurisdiction in debt and ejectment proceedings) shall have effect with the substitution for the sums for the time being specified in those provisions of such higher sums as may be specified in the Order;

(b) abolish any civil jurisdiction exercisable by courts of summary jurisdiction;

(c) confer on circuit registrars any civil jurisdiction additional to that for the time being exercisable by them under or by virtue of any statutory provision.

(3) An Order in Council under subsection (2) may make such incidental, consequential, transitional or supplementary provisions (including the amendment or repeal of any statutory provision) as appear to Her Majesty to be necessary or proper for giving full effect to the provisions of the Order.

(4) No recommendation shall be made to Her Majesty in Council to make an Order under subsection (2) unless a draft of the Order has been approved by resolution of each House of Parliament.

98 Appointment and assignment of county court judges

For section 102 of the [1959 c. 25 (N.I.).] County Courts Act (Northern Ireland) 1959 there shall be substituted the following section—

“102 Appointment and assignment of judges.

(1) Her Majesty may appoint as judges such qualified persons as may be recommended to Her by the Lord Chancellor.

(2) A judge shall sit in the county court in accordance with directions given by the Lord Chancellor.

(3) A judge may, in accordance with such directions, sit as a judge for any division.

(4) Subject to subsections (2) and (3), the Lord Chancellor shall assign one judge to each division and may from time to time vary any such assignment.

(5) The judge assigned to the division which is or includes—

(a) the area of the city of Belfast shall be styled the Recorder of Belfast;

(b) the area of the city of Londonderry shall be styled the Recorder of Londonderry.”.

99 Qualifications of county court judges and deputy judges

(1) In section 103(1) of the [1959 c. 25 (N.I.).] County Courts Act (Northern Ireland) 1959 for the words from " unless " to the end of the subsection there shall be substituted the words " unless—

(a) he has practised for not less than ten years at the Bar of Northern Ireland ; or

(b) he has been a deputy judge for not less than three years.".

(2) For section 107 of the County Courts Act (Northern Ireland) 1959 there shall be substituted the following section—

“107 Deputy judges.

(1) The Lord Chancellor may appoint as deputy judge—

(a) a person who has previously held the office of judge;

(b) a person who has practised for not less than ten years at the Bar of Northern Ireland;

(c) a resident magistrate ;

(d) a solicitor who has practised for not less than ten years as a solicitor in Northern Ireland.

(2) The appointment of a person as a deputy judge shall specify the term for which he is appointed.

(3) Subject to subsection (4), the Lord Chancellor may, with the agreement of the deputy judge, from time to time extend, for such period as he thinks appropriate, the term for which the deputy judge is appointed.

(4) Except where an appointment is made under subsection (1)(a), neither the initial term for which a deputy judge is appointed nor any extension of that term under subsection (3) shall be such as to continue his appointment as a deputy judge after the end of the completed year of service in which he attains the age of seventy-two years.

(5) A deputy judge shall, while he is so acting, have the like authority, jurisdiction, powers and privileges as a judge in all respects.

(6) Where the hearing of any proceedings duly commenced before any deputy judge is adjourned or judgment is reserved therein, that deputy judge shall, notwithstanding anything in subsection (2) or (4), have power to resume the hearing and determine the proceedings or, as the case may be, to deliver the judgment so reserved.

(7) There shall be paid to every deputy judge, except a resident magistrate, such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.”.

Magistrate's Courts

100 Appointment and assignment of resident magistrates

For section 9 of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964 there shall be substituted the following section—

“9 Appointment and assignment of resident magistrates.

(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint fit and proper persons to be resident magistrates, being persons who at the dates of their appointments have practised for not less than seven years either as a member of the Bar of Northern Ireland or as a solicitor of the Supreme Court.

(2) Without prejudice to section 7, a resident magistrate on his appointment shall forthwith take the oath of allegiance and the judicial oath as required by the [1868 c. 72.] Promissory Oaths Act 1868.

(3) A resident magistrate shall sit in accordance with directions given by the Lord Chancellor.

(4) A resident magistrate may, in accordance with such directions, sit in any petty sessions district.

(5) Subject to subsections (3) and (4), the Lord Chancellor may assign a resident magistrate to one or more petty sessions districts and may from time to time vary any such assignment.”.

101 Petty sessions and petty sessions districts

For subsections (2) and (3) of section 21 of the Magistrates' Courts Act (Northern Ireland) 1964 there shall be substituted the following subsections—

“(2) The Lord Chancellor may by order specify the petty sessions districts into which Northern Ireland shall be divided.

(3) The Lord Chancellor may give directions as to—

(a) the places at which petty sessions are to be held;

(b) the days on which petty sessions are to be held regularly for a petty sessions district;

(c) the ordinary hours of sitting of courts of summary jurisdiction;

(d) the nature of the business to be transacted by any court of summary jurisdiction ;

(e) notwithstanding anything in section 144, the place of hearing of appeals to the county court from any petty sessions;

(f) such other incidental, consequential, transitional or supplementary matters as appear to the Lord Chancellor to be necessary or proper.”.

Supplementary

102 Supplementary

(1) In this Part—

(a) sections 95 to 99 shall be construed as one with the [1959 c. 25 (N.I.).] County Courts Act (Northern Ireland) 1959;

(b) sections 100 and 101 shall be construed as one with the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964.

(2) Where the Lord Chancellor at any time directs that any of the Acts listed in subsection (3) is to be reprinted, section 30 of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply as if—

(a) that direction were contained in an enactment; and

(b) in subsection (2) of that section for the words " the Clerk of the Parliaments " there were substituted the words " the Clerk to the Assembly ".

(3) The Acts referred to in subsection (2) are—

(a) the County Courts Acts (Northern Ireland) 1959 and 1964;

(b) the Magistrates' Courts Act (Northern Ireland) 1964; and

(c) the [1969 c. 30 (N.I.).] Judgments (Enforcement) Act (Northern Ireland) 1969.