County Courts (Northern Ireland) Order 1980

Article 69(1).

SCHEDULE 2 N.I. TRANSITIONAL PROVISIONS

1.  All rules and orders regulating proceedings in county courts made, or having effect as if made, under the County Courts Act (Northern Ireland) 1959 [1959 c.25] and in force at the commencement of Article 47 and (in so far it is not inconsistent with the provisions of this Order) any procedure provided for by any statutory provision repealed by that Act, shall continue in force and have effect as if they had been provided for under that Article until amended, revoked or repealed by county court rules made under that Article. N.I.

2.  Where any statutory provision passed or made before 1st April 1960 requires or authorises the making of rules in relation to any proceeding or matter whatsoever in the county courts, the functions conferred by that provision shall be performed in accordance with Articles 46 and 47, and that provision shall have effect accordingly. N.I.

Para. 3 spent

4.  As from such date as may be specified for the purposes of this paragraph by an order made by the Secretary of State— N.I.

(a) Article 14 of this Order shall have effect as if in paragraph ( a) for the words from “where” onwards there were substituted the words “ where, at the date of his death, the property included in his net estate (that is to say, all property of which he had power to dispose by his will, otherwise than by virtue of a special power of appointment, less the amount of his funeral, testamentary and administration expenses, debts and liabilities, including any capital transfer tax or estate duty payable out of his estate on his death) did not exceed £15,000 in value; ”;

(b) Article 16 of this Order shall have effect as if in paragraph (1)( b) for the words from “his property” to “beneficially)” there were substituted the words “ the property included in his estate (that is to say, all property of which he had power to dispose by his will, otherwise than by virtue of a special power of appointment) ”.

5.  Nothing in this Schedule prejudices the operation of sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] . N.I.