Judicature (Northern Ireland) Act 1978

69 Northern Ireland Court Service. U.K.

(1) There shall be a unified and distinct civil service of the Crown, to be called the Northern Ireland Court Service and hereafter referred to as “the Court Service”, the functions of which shall be—

(a) to facilitate the conduct of the business of the following courts, namely—

(i) the Supreme Court;

(ii) county courts;

(iii) magistrates’ courts; and

(iv) coroners’ courts;

(b) to give effect to judgments to which [F1 the Judgment Enforcement (Northern Ireland) Order 1981] applies; and

(c) to discharge such other functions in relation to the courts mentioned in paragraph (a) or the enforcement of the judgments mentioned in paragraph (b) as are conferred on, or transferred to, it or any of its officers by or under this Act or any other statutory provision.

(2) The officers and other staff of the Court Service shall be appointed by the Lord Chancellor, with the concurrence of the Minister for the Civil Service as to numbers and terms and conditions of service, and shall discharge their functions in accordance with directions given by the Lord Chancellor.

(3) The principal civil service pension scheme within the meaning of section 2 of the M1 Superannuation Act 1972 shall, with the necessary adaptations, apply to such officers and staff.

(4) The functions exercisable by the Court Service under subsection (1) shall include the functions heretofore exercisable by—

(a) the officers and other persons employed in the Supreme Court;

(b) the persons employed in the county court service by virtue of section 108 of the M2 County Courts Act (Northern Ireland) 1959 or any other officer of a county court;

(c) clerks of petty sessions and persons employed in the offices of clerks of petty sessions;

(d) the Enforcement of Judgments Office; and

(e) the officers of coroners’ courts,

other than those functions which by or under this Act become the functions of statutory officers.

(5) The offices of clerk of the Crown and peace and county court registrar are hereby abolished.

(6) The Lord Chancellor may by order make provision—

(a) for the payment by him of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to the provisions of this section;

(b) for the transfer to a statutory officer of all or any of the functions of an office abolished by subsection (5);

(c) for such other incidental, consequential, transitional or supplementary matters (including the amendment or repeal of any provision of this Act or of any other statutory provision) as appear to the Lord Chancellor to be necessary or proper in connection with the establishment of the Court Service.

Textual Amendments

F1 Words substituted by S.I. 1981/226 (N.I. 6), Sch. 2 para. 25

Marginal Citations

M1 1972 c. 11.

M2 1959 c. 25. (N.I.)