Jurisdiction

Jurisdiction of courts in certain proceedings under this Order42.

(1)

The Lord Chancellor may F1, after consultation with the Lord Chief Justice, by order make such provision as he considers necessary to secure that appeals, or such class of appeals as may be specified in the order—

(a)

shall be made to a court instead of being made to F2an appeal tribunal; or

(b)

shall be so made in such circumstances as may be so specified.

(2)

In paragraph (1) “court” means F3, subject to any provision made under Schedule 7 to the Children (Northern Ireland) Order 1995, the High Court, a county court or a court of summary jurisdiction.

(3)

Where the effect of any order under paragraph (1) is that there are no longer any appeals which fall to be dealt with by F2appeal tribunals, the Lord Chancellor may F4, after consultation with the Lord Chief Justice, by order provide for the abolition of those tribunals.

(4)

Any order under paragraph (1) or (3) may make—

(a)

such modifications of any provision of this Order or of any other statutory provision; and

(b)

such transitional provision,

as the Lord Chancellor considers appropriate F5, after consultation with the Lord Chief Justice, in consequence of any provision made by the order.

F6(5)

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this Article—

(a)

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)

a Lord Justice of Appeal (as defined in section 88 of that Act).