- Draft legislation
This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 No. 133
18.—(1) The Crown Court Rules (Northern Ireland) 1979(1) are amended as follows.
(2) In rule 2(1) (interpretation), in the definition of “chief clerk”, for “member of the Court Service” substitute “civil servant in the Department of Justice”.
(3) In rule 74 (interpretation), in the definition of “the chief clerk”, for “member of the Court Service” substitute “civil servant in the Department of Justice”.
(4) In rule 105(1) (Criminal Justice and Police Act 2001), in the definition of “chief clerk” for “member of the Court Service” substitute “civil servant in the Department of Justice”.
19. In rule 2(1) of the Judgment Enforcement Rules (Northern Ireland) 1981(2) (interpretation), in the definition of “Chief Enforcement Officer”—
(a)for “officer of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”;
(b)for “officer”, in the second place that the word occurs, substitute “civil servant in that Department”.
20. In Order 57, rule 1(1) of the County Court Rules (Northern Ireland) 1981(3) (proceedings on complaint of a contempt of court), for “officer of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.
21.—(1) Rule 11 of the Magistrates’ Courts Rules (Northern Ireland) 1984(4) (service of summons) is amended as follows.
(2) In paragraph (3A)(5), for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.
(3) In paragraph (3B)(6), for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.
22. In rule 11(1) of the Judgment Enforcement (Recovery of Admitted Debts) Rules (Northern Ireland) 1985(7) (summons for examination under Article 95(1)), for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.
23.—(1) Rule 2.020 of the Insolvency Rules (Northern Ireland) 1991(8) (appointment taking place out of court business hours) is amended as follows.
(2) In paragraph (3), for “ ” substitute “Department of Justice”.
(3) In paragraph (6), for “ ” substitute “Department of Justice”.
24. In rule 2(1) of the Crown Court (Children’s Evidence) (Dismissal of Transferred Charges) Rules (Northern Ireland) 1996(9) (interpretation), in the definition of “the chief clerk”, for “members of the Northern Ireland Court Service” substitute “civil servants in the Department of Justice”.
25. In rule 8.33(2) of the Family Proceedings Rules (Northern Ireland) 1996(10) (interpretation) for “Northern Ireland Court Service” substitute “Department of Justice”.
26. In rule 1(3) of the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996(11) (citation, commencement and interpretation), in the definition of “the Central Authority for Northern Ireland” for “Northern Ireland Court Service” substitute “Department of Justice”.
27. In rule 1(2) of the Crown Court (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules (Northern Ireland) 1997(12) (citation, commencement and interpretation), in the definition of “chief clerk”, for “members of the Northern Ireland Court Service” substitute “civil servants in the Department of Justice”.
28. In regulation 12 of the Road Traffic Fixed Penalties (Enforcement of Fines) Regulations (Northern Ireland) 1997(13) (conduct of proceedings), for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.
29. In rule 1(2) of the Crown Court (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules (Northern Ireland) 1997(14) (citation, commencement and interpretation), in the definition of “chief clerk”, for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.
30. In rule 1(2) of the Crown Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules (Northern Ireland) 1997(15) (citation, commencement and interpretation), in the definition of “the chief clerk”, for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.
31. In rule 1(2) of the Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules (Northern Ireland) 1997(16) (citation, commencement and interpretation), in the definition of “clerk of petty sessions”, for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.
32. In rule 1(2) of the Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules (Northern Ireland) 1997(17) (citation, commencement and interpretation), in the definition of “clerk of petty sessions”, for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.
33. In regulation 2 of the Re-use of Public Sector Information Regulations 2005(18) (interpretation), in the definition of “government department”, omit “, the Northern Ireland Court Service”.
34. In rule 1(2) of the Crown Court (Prosecution Appeals) Rules (Northern Ireland) 2005(19) (interpretation), in the definition of “chief clerk”, for “member of the Court Service” substitute “civil servant in the Department of Justice”.
35.—(1) The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005(20) are amended as follows.
(2) In rule 2 (interpretation), for the definition of “the ” substitute—
““the Department” means the Department of Justice;”.
(3) In rule 20 (review of operation of rules), for “ ”, in each place that those words occur, substitute “Department”.
36. In Schedule 1 to the Public Contracts Regulations 2006(21) (GPA Annex 1 contracting authorities)—
(a)after “Office of the Social Security Commissioners”, in the first place that those words occur, insert “Pensions Appeal Tribunals”;
(b)omit the entry for the Northern Ireland Court Service (including the entries related to it).
37. In regulation 39(10)(b) of the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007(22) (unauthorised disclosure of information relating to particular persons), for “Northern Ireland Court Service” substitute “Department of Justice”.
38. In regulation 40(10)(b) of the Rate Relief (General) Regulations (Northern Ireland) 2007(23) (unauthorised disclosure of information relating to particular persons), for “Northern Ireland Court Service” substitute “Department of Justice”.
39.—(1) The Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009(24) are amended as follows.
(2) In rule 2 (interpretation), for the definition of “the ” substitute—
““the Department” means the Department of Justice;”.
(3) In rule 16 (review of operation of rules), for “ ”, in each place that those words occur, substitute “Department”.
Rule 11(3A) was inserted by S.R. 1997 No.428.
Rule 11(3B) was inserted by S.R. 2009 No.310.
S.R. 1996 No.322. Rule 8.33 was substituted by S.R. 2005 No.558.
S.R. 1996 No.323. The definition of ‘the Central Authority for Northern Ireland’ in rule 1(3) was inserted by S.R. 2005 No.559.
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