Judgments Enforcement (Northern Ireland) Order 1981

Judgment Enforcement Rules N.I.

141.—(1) The Lord Chancellor may make rules, to be known as “Judgment Enforcement Rules”, for the purpose of regulating the exercise of the jurisdiction conferred on the Office by this Order or on the Master by the Payments for Debt (Emergency Provisions) Act (Northern Ireland) 1971 [1971 c.30] and generally for carrying this Order and that Act into effect.

(2) Without prejudice to the generality of paragraph (1), rules may—

(a) provide for regulating and prescribing the procedure and practice to be followed in proceedings before the Office, including the manner in which, the time within which and the conditions on which any proceedings may or are to be taken;

(b) provide for regulating any matters relating to the costs of proceedings before the Office;

(c) subject to Article 70(1), provide for the cases in which money paid for or on account of the amount recoverable on foot of a judgment must be paid to the Office or to the creditor, or may be paid to either of them;

(d) make provision as to proceedings by the Crown;

(e) prescribe or fix anything which under this Order may or is to be so prescribed or fixed;

(f) amend or repeal any statutory provision passed before 15th February 1971 so far as may be necessary or expedient in consequence of provisions made by the rules.

(3) Rules shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 [1946 c.36] shall apply accordingly.

(4) Rules which may involve an increase in expenditure out of public funds shall not be made except with the concurrence of the Treasury; but the validity of any rule so made shall not, in any proceedings in any court or in the Office, be called in question either by the court, the Office or any party to the proceedings on the ground only that the Treasury did not concur or are not expressed to have concurred in the making of the rule.