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The Magistrates' Courts (Northern Ireland) Order 1981
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Changes to legislation:
The Magistrates' Courts (Northern Ireland) Order 1981, Section 154 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 154:
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) arts.3(4) 25
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.3(5) Sch.1
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.5(2)
- Instrument mod (prosp) by 1994 c. 33 s. 91(3)
- Instrument revoked by 1998 c. 41 s.74(1)(3) Sch.12 para.5 Sch.14 Pt.I
- arts.114 154 extended by S.I. 1999/424 art.5(4)
- art.154 applied by S.I. 1994/1679 art.5(4)
- art.154 applied by S.I. 1994/1681 art.4(4)
- art.154 applied by S.I. 1995/907 art.4(4)
- art.154 applied by S.I. 1995/908 art.5(4)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Order applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
- Order power to modify conferred by 2015 c. 9 (N.I.) s. 24(5)(a) (see s 24(6))
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch.6 Pt.I paras.18 19 revoked by 1995 c. 21 s. 314(1) Sch.12 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch.6 Pt.I para.5 revoked by S.I. 1995/756 art.15 Sch.
- Sch. 6 Pt. 3 para. 170 repealed by S.I. 2007/916 (N.I.) Sch. 8 Pt. 1 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 128-130 repealed by 2011 c. 15 (N.I.) Sch. 3 Pt. 2 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 125 repealed by 2011 c. 16 (N.I.) Sch. 5 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 144 repealed by 2006 c. 48 Sch. 15 Pt. 4 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 21 repealed by 2013 c. 22 Sch. 11 para. 210 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 25 repealed by 2013 c. 22 Sch. 11 para. 210 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- art. 29A excluded by 1975 c. 59, s. 4(3) (as substituted) by 2015 c. 9 (N.I.) s. 7(6)
- art. 29A inserted by 2015 c. 9 (N.I.) s. 7(2)
- art. 34(1A)-(1E) inserted by 2015 c. 9 (N.I.) s. 8(2)
- art. 140(2ZA) inserted by 2016 c. 18 (N.I.) Sch. 10 para. 16
Objections as to want of form or variance between complaint, etc., and evidence adducedN.I.
154.—(1) No objection shall be allowed in any proceedings before a magistrates' court to any complaint, summons, warrant, process, notice of application or appeal or other document for any alleged defect in substance or in form or for variation between any complaint, summons, warrant, process notice or other document and the evidence adduced on the part of the complainant, plaintiff, applicant or appellant at the hearing, unless the defect or variance appears to have misled the other party to the proceeding.
(2) Without prejudice to the generality of Article 161 or 163, where a party to the proceeding has been misled by such defect or variance as is mentioned in paragraph (1) the court may, if necessary and upon such terms as it thinks fit, adjourn the proceedings.
Modifications etc. (not altering text)
C1Art. 154 applied (31.10.2007) by Sea Fishing (Restriction on Days at Sea) Order (Northern Ireland) 2007 (S.R. 2007/407), art. 17(2)
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