Justice Act (Northern Ireland) 2015

80—(1) In Article 2(2) (interpretation)— N.I.

(a) for the definition of “chief clerk” substitute—

““chief clerk” means an officer of the Department designated as such by the Department;””

(b) in the definition of “court” omit “for a division”;

(c) after the definition of “defendant” insert—

““the Department” means the Department of Justice;”;

(d) for the definition of “division” substitute—

““division” means an administrative court division specified under section 2 of the Justice Act (Northern Ireland) 2015 for any purposes of a county court;”;.

(e) in the definition of “the Office” omit “for the division in which those proceedings are taken”.

(2) In Article 3 (county courts)—

(a) in the heading omit “to be held for divisions”;

(b) omit paragraph (1);

(c) for paragraphs (2) to (4) substitute—

“(2) A court shall be held at such place or places in each division as may be specified in directions given under Article 4.

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

(a) be called a county court and be a court of record; and

(b) have throughout Northern Ireland the jurisdiction and powers conferred on a county court by this Order or any other statutory provision.”.

(3) In Article 4 (directions of Lord Chief Justice) omit paragraph (d).

(4) In Article 6 (holding of ordinary courts)—

(a) in paragraph (1)(a) for “for each division” substitute “ in each division ”; and

(b) omit paragraph (2).

(5) In Article 8 (adjournments) omit paragraphs (5) to (8).

(6) In Article 10 (general civil jurisdiction) omit paragraphs (3) and (3A).

(7) In Article 21(1) (transfer of certain money from High Court to county court) for “the county court of the division in which that person resides or such other” substitute “ such ”.

(8) In Article 25 (transfer from one county court to another) omit paragraph (2).

(9) In Article 34(2) (powers of county court) for the words from the beginning to “in his division” substitute “ A judge shall have jurisdiction in any proceedings pending in a county court ”.

(10) In Article 63 (cases stated)—

(a) in paragraph (1)(a) omit “having jurisdiction in the county court division in which the county court sat”;

(b) in paragraph (7) for “the resident magistrate or justice of the peace who fixed the amount of the recognisance or any other resident magistrate or justice of the peace having jurisdiction in the place where the recognisance was taken” substitute “a district judge (magistrates' courts) or lay magistrate” and omit “ for the county court division in which the recognisance was taken ”.

Commencement Information

I1 Sch. 1 para. 80 in operation at 31.10.2016 by S.R. 2016/387, art. 2(k) (with art. 3)