Form List Sched. 1

SCHEDULE 1FORMS

  1. CRIMINAL PROCEEDINGS

    1. A. FORMS USED IN CONNECTION WITH BOTH SUMMARY TRIAL AND PRELIMINARY INVESTIGATION/INQUIRY

      1. 1.Complaint (Article 20; Rules 7 and 17)

      2. 2.Summons to defendant to answer complaint (Articles 20(1), (2) and (3); Rule 8)

      3. 3.Notice to defendant: plea of guilty by post (Article 24(1)(i); Rule 10)

      4. 4.Statement of facts (Article 24(1)(ii); Rule 10)

      5. 5.Certificate by complainant of service on defendant of Forms 3 and 4 (Article 24(1); Rule 10)

      6. 6.Notification of plea of guilty and statement of mitigating circumstances (Article 24(2); Rule 10)

      7. 7.Notice of intention to cite previous convictions (Article 125; Rule 23(6))

      8. 8.Warrant of arrest (Articles 20(3), (4) and (5), 25, 118 and 138(5); Rules 14 and 143)

      9. 9.Bail endorsement on warrant of arrest (Article 129; Rule 16)

      10. 10.Warrant of commitment on remand [for enquiries after conviction or for medical examination] (Articles 47, 50 and 51; Rules 14 and 143)

      11. 11.Consent to bail on remand (Articles 37 and 47; Rule 16)

      12. 12.Warrant of commitment on further remand of person in custody unable to appear by reason of illness or accident (Article 49; Rules 14 and 143)

      13. 13.Order to have defendant brought before the court before expiration of period of remand (Article 47(5))

    2. B. FORMS USED IN CONNECTION WITH SUMMARY TRIAL

      1. 14.Warrant of commitment on sentence of imprisonment/detention (Article 114; Rules 14, 15 and 143)

    3. C. FORMS USED IN CONNECTION WITH PRELIMINARY INVESTIGATION/INQUIRY

      1. 15.Statement of complaint(s) (Article 32(1)(b)(i); Rules 25 and 32(5) and (6))

      2. 16.Deposition of a witness (Articles 30(2), 34(2) and 39; Rules 26, 27 and 35)

      3. 17.Warrant of commitment for trial (Articles 37, 40 and 47; Rules 14 and 143)

      4. 18.Warrant of commitment of witness for refusing to enter recognizance (Article 39(5); Rules 14 and 143)

      5. 19.Warrant for discharge (Articles 37(4), 39(5) and 148(1); Rules 14, 16(3) and 143)

    4. D. FORMS USED IN CONNECTION WITH PRELIMINARY INQUIRY

      1. 20.Notice of intention to request court to conduct a preliminary inquiry (Article 32(1)(a); Rules 32)

      2. 21.Notice of intention to request court to conduct a preliminary inquiry (Article 32; Rules 31 and 32) (Northern Ireland (Emergency Provisions) Act 1978 (Section 1)

      3. 22.Notice of intention to request court to conduct a preliminary inquiry (extra-territorial offences) (Article 32; Rules 31 and 32) (Criminal Jurisdiction Act 1975) (Section 4(3))

      4. 23.List of witnesses and number of pages in statement of evidence of each witness (Rule 32(4))

      5. 24.List of exhibits to be produced or referred to by witness whose written statement is to be tendered at a preliminary inquiry (Rule 32(1)(b)(iii); Rule 32(5))

      6. 25.Statement of the accused (Articles 30(4) and (5) and 34(3) and (4); Rules 26 and 35)

      7. 26.Statement of witness to be tendered in evidence at preliminary inquiry (Article 33; Rule 39)

      8. 27.Authenticating certificate of clerk of petty sessions (Rule 41)

    5. E. FORMS USED IN CONNECTION WITH COMMITTAL FOR TRIAL OF PERSON AGAINST WHOM AN INDICTMENT HAS BEEN PRESENTED

      1. 28.Certificate of indictment having been presented (Article 40(1))

      2. 29.Warrant to arrest person indicted (Article 40(3); Rules 14 and 143)

    6. F. FORMS USED IN CONNECTION WITH SUMMARY TRIAL OF INDICTABLE OFFENCES SPECIFIED IN SCHEDULE 2 TO THE ORDER

      1. 30.Summons to defendant to answer complaint charging an indictable offence specified in Schedule 2 to the Order (Articles 20 and 45; Rules 8 and 44(1))

      2. 30A.Summons to defendant to answer complaint charging an indictable offence specified in Schedule 2 to the Order which is also a scheduled offence within the meaning of Section 30(1) of the Northern Ireland (Emergency Provisions) Act 1978 (Sections 6, 7 and 30; Schedule 4)

      3. 31.Notice under Article 45 of the Order to be given to an arrested person accused of an offence specified in Schedule 2 to that Order as soon as practicable after he has been formally charged with such offence (Article 45; Rule 44(1)).

      4. 31A.Offences to which Schedule 4 of the Northern Ireland (Emergency Provisions) Act 1978 applies: notice under Article 45 of the Order to be given to an arrested person accused of an offence specified in Schedule 2 to that Order as soon as practicable after he has been formally charged with such offence (Article 45; Rule 44(1))

      5. 32.Written waiver of requirement of notice under Article 45 of the Order (Article 45; Rule 44(2))

      6. 32A.Offences to which Schedule 4 of the Northern Ireland (Emergency Provisions) Act 1978 applies: written waiver of requirement of notice under Article 45 of the Order (Article 45; Rule 44(2))

  2. DEBT PROCEEDINGS

    1. 33.Process in debt proceedings (Article 62; Rules 55, 57 and 84)

    2. 34.Notice of set-off or counterclaim in debt proceedings (Rule 85)

    3. 35.Notice of lodgment in court of amount tendered (Rule 90(1))

    4. 36.Decree in debt proceedings (Article 74; Rule 79)

    5. 37.Affidavit/Statutory Declaration of default in payment of instalment in support of application for issue of decree hitherto postponed on terms (Article 116; Rule 91)

    6. 38.Dismiss in debt proceedings (Articles 2(3) and 73(6); Rules 74 and 79)

    7. 39.Process register in debt proceedings (Rule 65)

    8. 40.Memorandum of a debt proceeding entered in the process register (Rule 65(4))

  3. EJECTMENT PROCEEDINGS

    1. 41.Process in ejectment proceedings in respect of lands or premises to which sub-paragraph (a) of Article 67(1) of the Order applies (Article 67; Rules 55, 57 and 95).

    2. 42.Process in ejectment proceedings in respect of lands or premises to which sub-paragraph (a) of Article 67 (1) of the Order applies and for the recovery of arrears of rent or sums due under Article 69 of the Order (Articles 67, 69 and 72(3); Rules 55, 57 and 95(5))

    3. 43.Process in ejectment proceedings in respect of lands or premises to which sub-paragraph (b) of Article 67(1) of the Order applies (Article 67; Rules 55, 57 and 95(3))

    4. 44.Process in ejectment proceedings in respect of lands or premises to which sub-paragraph (c) of Article 67(1) of the Order applies (Article 67 and 71; Rules 55; 57 and 95(4))

    5. 45.Decree for recovery of lands or premises to which sub-paragraph (a) of Article 67(1) of the Order applies (Articles 67 and 74; Rule 79)

    6. 46.Decree for recovery of lands or premises to which sub-paragraph (a) of Article 67(1) of the Order applies and for the recovery of arrears of rent or sums due under Article 69 of the Order (Articles 67, 69, 72(3) and 74; Rule 79)

    7. 47.Decree for recovery of lands or premises to which sub-paragraph (b) of Article 67(1) of the Order applies (Articles 67 and 74; Rule 79)

    8. 48.Decree for recovery of lands or premises to which sub-paragraph (c) of Article 67(1) of the Order applies (Articles 67, 71 and 74; Rule 79)

    9. 49.Dismiss in ejectment proceedings in respect of lands or premises to which sub-paragraph (a) of Article 67(1) of the Order applies (Articles 2(3), 67, 73 and 74; Rules 74 and 79)

    10. 50.Dimiss in ejectment proceedings in respect of lands or premises to which sub-paragraph (a) of Article 67(1) of the Order applies and where arrears of rent or sums due under Article 69 of the Order were claimed (Articles 2(3), 67, 69, 72(3), 73 and 74; Rules 74 and 79)

    11. 51.Dismiss in ejectment proceedings in respect of lands or premises to which sub-paragraph (b) of Article 67(1) of the Order applies (Articles 2(3), 67 and 73; Rules 74 and 79)

    12. 52.Dismiss in ejectment proceedings in respect of lands or premises to which sub-paragraph (c) of Article 67(1) of the Order applies (Articles 2(3), 67, 71 and 73; Rules 74 and 79)

    13. 53.Process register in ejectment proceedings (Rule 65)

    14. 54.Memorandum of an ejectment proceeding entered in the process register (Rule 65(4))

  4. APPEALS AND APPLICATIONS TO MAGISTRATES' COURTS

    1. 55.Notice of appeal to magistrates' court (Article 76; Rule 97)

    2. 56.Notice of application to magistrates' court (Article 76; Rule 97)

  5. PROCEEDINGS ON COMPLAINT IN A CIVIL MATTER

    1. 57.Summons to defendant to answer complaint (Article 79; Rule 8)

    2. 58.Summons to vary, etc., order for periodical payment (Articles 79 and 86; Rule 8)

    3. 59.Order varying, etc., order for periodical payment (Article 86)

  6. SATISFACTION AND ENFORCEMENT OF ORDERS

    1. A. ORDERS IN CRIMINAL PROCEEDINGS

      1. 60.Notice to defendant of sum adjudged to be payable by a conviction (Article 91; Rule 105)

      2. 61.Warrant of distress for sum adjudged to be payable by a conviction (Article 92(1)(a); Rules 14, 105, 143 and 144)

      3. 62.Warrant of commitment for sum adjudged to be payable by a conviction (Articles 91 and 92(1)(b); Rules 14, 105 and 143)

      4. 63.Warrant of commitment on commission of further offence during operational period of suspended sentence (Article 114; Rules 14, 15, 108 and 143) (Treatment of Offenders Act (Northern Ireland) 1968 (Section 19(1)(a) or (b))

      5. 64.Summons on complaint for appearance before court by which a suspended sentence has been passed (Rule 8) (Treatment of Offenders Act (Northern Ireland) 1968 (Section 21))

      6. 65.Warrant for arrest of person upon whom a suspended sentence has been passed (Rules 14 and 143) (Treatment of Offenders Act (Northern Ireland) 1968 (Section 21))

      7. 66.Warrant of Commitment where person is ordered under Article 3 (1) of the Treatment of Offenders (Northern Ireland) Order 1976 to be returned to prison (Article 114; Rules 14, 15 and 143) (Treatment of Offenders (Northern Ireland) Order 1976 (Article 3))

      8. 67.Warrant of Commitment to Crown Court under Article 3(4) of the Treatment of Offenders (Northern Ireland) Order 1976 (Article 114; Rules 14, 15 and 143) (Treatment of Offenders (Northern Ireland) Order 1976 (Article 3(4))

      9. 68.Summons upon complaint that person has been convicted as mentioned in Article 3(1)(a) of the Treatment of Offenders (Northern Ireland) Order 1976 after his discharge from prison and has not been ordered to be returned to prison or young offenders centre (Rule 8) (Treatment of Offenders (Northern Ireland) Order 1976 (Article 5))

      10. 69.Warrant for arrest of person who has been convicted as mentioned in Article 3(1)(a) of the Treatment of Offenders (Northern Ireland) Order 1976 after his discharge from prison and who has not been ordered to be returned to prison or a young offenders centre (Rules 14 and 143) (Treatment of Offenders (Northern Ireland) Order 1976 (Article 5))

      11. 70.Transfer of Fine Order (Article 95; Rule 108)

      12. 71.Further transfer of Fine Order (Articles 95 and 96; Rule 108)

      13. 72.Notice of transfer of Fine Order (Article 96; Rule 109)

      14. 73.Attachment of earnings order maintenance (Article 101; Rules 111 and 112)

      15. 74.Temporary variation order (Article 101; Rule 117)

    2. B. ORDERS IN DEBT PROCEEDINGS

      1. 75.Enforcement process under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981 (Rules 128 to 130)

      2. 76.Enforcement order under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981 (Rule 128)

      3. 77.Committal process under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981 (Rule 129)

      4. 78.Committal order made under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981 (Rules 128 and 129)

    3. C. ORDERS IN EJECTMENT PROCEEDINGS

      1. 79.Notice of intention to apply for the issue of ejectment decree for over-holding (Article 116; Rules 131 to 133)

    4. D. ORDERSFORTHEPAYMENT OF SUMS(OTHERTHAN ON CONVICTION) MADE IN PROCEEDINGS UPON COMPLAINT

      1. 80.Complaint for arrears under an order for periodical [lump sum] payment enforceable under Article 98 (as applied by Article 99) of the Order (Articles 98 and 99; Rule 7)

      2. 81.Summons for arrears under an order for periodical [lump sum] payment (Articles 98(1)(a) and 99; Rule 8)

      3. 82.Warrant of arrest for arrears under an order for periodical [lump sum] payment (Articles 98(1)(b) and 99; Rules 14 and 143)

      4. 83.Warrant of distress for arrears (Articles 98(4)(a) and 99; Rules 14, 143 and 144)

      5. 84.Warrant of commitment in default of distress for arrears under an order for periodical [lump sum] payment (Articles 98(5) and 99; Rules 14 and 143)

  7. WITNESSES AND EVIDENCE

    1. 85.Summons to witness (Article 118(1); Rule 8)

    2. 86.Certificate of collecting officer of non-payment of sums ordered to be paid (Article 123(a))

    3. 87.Statement of witness to be tendered in evidence under section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (Rule 149) (Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (Section 1))

    4. 88.Notice by complainant of intention to tender written statement at summary trial (Rule 149) (Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (Section 1))

  8. RECOGNIZANCES AND FORMS USED IN CONNECTION THEREWITH

    1. 89.Recognizance to appear before a magistrates' court (Articles 47 and 135 to 138; Rules 150 to 153)

    2. 90.Recognizance [constabulary] to appear before a magistrates' court (Articles 130(1)(a) and 135 to 138; Rule 152)

    3. 91.Recognizance to appear at a constabulary station (Articles 130(1)(b) and 135 to 138; Rule 152)

    4. 92.Recognizance to appear at the Crown Court (Articles 37, 51(4) and 135 to 138; Rules 150 and 153)

    5. 93.Recognizance to keep the peace [and] [or] to be of good behaviour (Article 127; Rule 152)

    6. 94.Certificate of proposed surety as to means (Rule 150(5) and (6))

    7. 95.Notice to estreat recognizance (Article 138(3))

    8. 96.Warrant of distress and commitment in default of distress for sum forfeited upon the estreat of a recognizance (Article 138(4); Rules 14, 143 and 144)

  9. APPEALS TO COUNTY COURT AND BY WAY OF CASE STATED TO THE COURT OF APPEAL

    1. A. APPEALS TO THE COUNTY COURT

      1. 97.Notice of appeal to county court (Article 144; Rule 154)

      2. 98.Form of appeal to county court (Rules 154, 155 and 156)

      3. 99.Recognizance to prosecute appeal to county court [not] conditioned for bail (Articles 135 to 138 and 148; Rules 150 to 153)

      4. 100.Notice by clerk of petty sessions to chief clerk of abandonment of appeal to the county court (Article 150(1))

    2. B. APPEALS BY WAY OF C,\SE STATED TO COURT OF APPEAL

      1. 101.Application to court to state a case (Article 146; Rule 158)

      2. 102.Court's certificate of refusal to state a case (Article 146(4))

      3. 103.Case stated by magistrates' court (Article 146; Rule 160)

      4. 104.Recognizance to prosecute appeal to Court of Appeal [not] conditioned for bail (Articles 135 to 138 and 148; Rules 150 to 153)

      5. 105.Notice by clerk of petty sessions to respondent that appellant has abandoned an appeal by way of case stated (Article 150(2))

  10. MISCELLANEOUS

    1. 106.Certificate of conviction or order (Rule 20)

    2. 107.General form for enforcement of conviction or order (Part IX)

    3. 108.Affidavit of service of summons on defendant (Articles 23(2), 25(3), 81 (2) and 126; Rule 11).

    4. 109.Affidavit of service of summons for offence where summons served in England and Wales or Scotland (Articles 23(2), 25(3) and 126; Rule 12)

    5. 110.Affidavit of service of summons on witness (Articles 118(3) and 126; Rule 11)

    6. 111.Affidavit of service of a process by a summons server or a person who has received permission to serve the process (Article 126; Rules 58, 59 and 63)

    7. 112.Receipt for prisoner (Rule 143(4))

    8. 113.Order for taking fingerprints and palm prints (Article 61)

    9. 114.Warrant directing person apparently entitled thereto to be put in possession of premises (Article 158; Rule 14) (Summary Jurisdiction (Miscellaneous Provisions) Act (Northern Ireland) 1946 (Section 1))

    10. 115.General form of affidavit of service of notice, etc. (Article 126; Rule 148)

    11. 116.Warrant of commitment on remand in hospital (Article 47; Rules 14, 143 and 164)

    12. 117.Certificate by or on behalf of complainant that summons sent by registered post or recorded delivery service and returned as undelivered will, if delivered by ordinary post, come to notice of person to be served (Rule 13(8)(e))

    13. 118.Statement of dates on which defendant remanded (Rules 28(2)(1) and 42(1)(o))

    14. 119.Notice of direction made by Court of Appeal (Article 152)

    15. 120.Application requesting that warrant of commitment be cancelled (Article 113)

CRIMINAL PROCEEDINGS

A. Forms used in connection with both Summary Trial and Preliminary Investigation/Inquiry

(Article 20; Rules 7 and 17)

FORM 1MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Complaint

(Article 20(1), (2) and (3); Rule 8)

FORM 2MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Summons to Defendant to answer Complaint

(Article 24(1)(i); Rule 10)

FORM 3MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice to Defendant: Plea of Guilty by post

(Article 24(1)(ii); Rule 10)

FORM 4MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Statement of Facts

(Article 24(1); Rule 10)

FORM 5MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Certificate by Complainant of Service on Defendant of Forms 3 and 4

(Article 24(2); Rule 10)

FORM 6MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notification of Plea of Guilty and Statement of Mitigating Circumstances

(Article 125; Rule 23(6))

FORM 7MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Intention to Cite Previous Convictions

(Articles 20(3), (4) and (5), 25, 118 and 138(5); Rules 14 and 143)

FORM 8MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Arrest

(Article 129; Rule 16)

FORM 9MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Bail Endorsement on Warrant of Arrest

(Articles 47, 50 and 51; Rules 14 and 143)

FORM 10MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment on Remand [for enquiries after Conviction or for Medical Examination]

(Articles 37 and 47; Rule 16)

FORM 11MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Consent to Bail on Remand

(Article 49; Rules 14 and 143)

FORM 12MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment on further Remand of Person in Custody unable to appear by reason of Illness or Accident

(Article 47(5))

FORM 13MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Order to have Defendant brought before the Court before Expiration of Period of Remand

B. Forms used in connection with Summary Trial.

(Article 114; Rules 14, 15 and 143)

FORM 14MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment on Sentence of Imprisonment/Detention

C. Forms used in connection with Preliminary Investigation/Inquiry.

(Article 32(1)(b)(i); Rules 25 and 32(5) and (6))

FORM 15MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Statement of Complaint(s)

(Articles 30(2), 34(2) and 39; Rules 26, 27 and 35)

FORM 16MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Deposition of a Witness

(Articles 37, 40 and 47; Rules 14 and 143)

FORM 17MAGISTRATES; COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment for Trial

(Article 39(5); Rules 14 and 143)

FORM 18MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment of Witness for refusing to enter Recognizance

(Articles 37(4), 39(5) and 148(1); Rules 14, 16(3) and 143)

FORM 19MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant for Discharge

D. Forms used in connection with Preliminary Inquiry.

(Article 32(1)(a); Rule 32)

FORM 20MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Intention to Request Court to Conduct a Preliminary Inquiry

FORM 21
FORM 22

(Rule 32(4))

FORM 23MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

List of Witnesses and Number of Pages in Statement of Evidence of each Witness

(Article 32(1)(b)(iii); Rule 32(5))

FORM 24MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

List of Exhibits to be Produced or Referred to by Witness whose Written Statement is to be Tendered at a Preliminary Inquiry

(Articles 30(4) and (5), 34(3) and (4); Rules 26 and 35)

FORM 25MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Statement of the Accused

(Article 33; Rule 39)

FORM 26MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Statement of Witness to be Tendered in Evidence at Preliminary Inquiry

(Rule 41)

FORM 27MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Authenticating Certificate of Clerk of Petty Sessions

E. Forms used in Connection with Committal for Trial of Person against whom an Indictment has been Presented.

(Article 40(1))

FORM 28MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Certificate of Indictment having been Presented

(Article 40(3); Rules 14 and 143)

FORM 29MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant to arrest Person Indicted

F. Forms used in connection with Summary Trial of Indictable Offences specified in Schedule 2 to the Order

(Articles 20 and 45; Rules 8 and 44(1))

FORM 30MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
FORM 30A

(Article 45; Rule 44(1))

FORM 31MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice under Article 45 of the above Order of 1981 to be given to an arrested person accused of an offence specified in Schedule 2 to that Order as soon as practicable after he has been formally charged with such Offence.

(Article 45; Rule 44(1))

FORM 31AMAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Offences to which Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1978 applies:

Notice under Article 45 of the Order to be given to an arrested person accused of an offence specified in Schedule 2 to that Order as soon as practicable after he has been formally charged with such offence.

(Article 45; Rule 44(2))

FORM 32MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Written Waiver of Requirement of Notice under Article 45 of the Order

(Article 45; Rule 44(2))

FORM 32AMAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Offences to which Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1978 applies:

Written Waiver of Requirement of Notice under Article 45 of the Order

DEBT PROCEEDINGS

(Article 62; Rules 55, 57 and 84)

FORM 33MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Process in Debt Proceedings

(Rule 85)

FORM 34MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Set-off or Counterclaim in Debt Proceedings

(Rule 90(1))

FORM 35MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Lodgment in Court of Amount Tendered

(Article 74; Rule 79)

FORM 36MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Decree in Debt Proceedings

(Article 116; Rule 91)

FORM 37MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Affidavit/Statutory Declaration of Default in Payment of Instalment in support of Application for Issue of Decree Hitherto Postponed on Terms

(Articles 2(3) and 73(6); Rules 74 and 79)

FORM 38MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Dismiss in Debt Proceedings

(Rule 65)

FORM 39MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Rule 65(4))

FORM 40MAGISTRATES' CQURTS (NORTHERN IRELAND) ORDER 1981

EJECTMENT PROCEEDINGS

(Article 67; Rules 55, 57 and 95)

FORM 41MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Process in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies

(Articles 67, 69 and 72(3); Rules 55, 57 and 95(5))

FORM 42MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Process in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies and for the Recovery Arrears of Rent or Sums due under Article 69 of the Order

(Article 67; Rules 55, 57 and 95(3))

FORM 43MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Process in Ejectment Proceedings 'in respect of Lands or Premises to which sub-paragraph (b) of Article 67(1) of the Order Applies

(Articles 67 and 71; Rules 55, 57 and 95(4))

FORM 44MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Process in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (c) of Article 67(1) of the Order Applies

(Articles 67 and 74; Rule 79)

FORM 45MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Decree for Recovery of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies

(Articles 67, 69, 72(3) and 74; Rule 79)

FORM 46MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Decree for Recovery of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies and for the Recovery of Arrears of Rent or Sums due under Article 69 of the Order

(Articles 67 and 74; Rule 79)

FORM 47MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Decree for Recovery of Lands or Premises to which sub-paragraph (b) of Articles 67(1) of the Order Applies

(Articles 67, 71 and 74; Rule 79)

FORM 48MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Decree for Recovery of Lands or Premises to which sub-paragraph (c) of Article 67(1) of the Order Applies

(Articles 2(3), 67, 73 and 74; Rules 74 and 79)

FORM 49MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Dismiss in Ejectment Proceedings in Respect of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies

(Articles 2(3), 67, 69, 72(3), 73 and 74; Rules 74 and 79)

FORM 50MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Dismiss in Ejectment Proceedings in respect of Land or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies and where Arrears of Rent or Sums due under Article 69 of the Order were Claimed

(Articles 2(3), 67 and 73; Rules 74 and 79)

FORM 51MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Dismiss in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (b) of Article 67(1) of the Order Applies

(Articles 2(3), 67, 71 and 73; Rules 74 and 79)

FORM 52MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Dismiss in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (c) of Article 67(1) of the Order Applies

(Rule 65)

FORM 53MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Rule 65(4))

FORM 54MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

APPEALS AND APPLICATIONS TO MAGISTRATES' COURTS

(Article 76; Rule 97)

FORM 55MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Appeal to Magistrates' Court

(Article 76; Rule 97)

FORM 56MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Application to Magistrates' Court

PROCEEDINGS ON COMPLAINT IN A CIVIL MATTER

(Article 79; Rule 8)

FORM 57MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Summons to Defendant to Answer Complaint

(Articles 79 and 86; Rule 8)

FORM 58MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Summons to Vary, etc., Order for Periodical Payment

(Article 86)

FORM 59MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Order Varying, etc., Order for Periodical Payment

SATISFACTION AND ENFORCEMENT OF ORDERS

A. Orders in Criminal Proceedings

(Article 91; Rule 105)

FORM 60MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice to Defendant of Sum Adjudged to be Payable by a Conviction

(Article 92(1)(a); Rules 14, 105, 143 and 144)

FORM 61MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Distress for Sum Adjudged to be Payable by a Conviction

(Articles 91 and 92 (1)(b); Rules 14, 105 and 143)

FORM 62MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment for Sum Adjudged to be Payable by a Conviction

FORM 63
FORM 64
FORM 65
FORM 66
FORM 67
FORM 68
FORM 69

(Article 95; Rule 108)

FORM 70MAGISTRATES' COURTS (,NORTHERN IRELAND) ORDER 1981

Transfer of Fine Order

(Articles 95 and 96; Rule 108)

FORM 71MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Further Transfer of Fine Order

(Article 96; Rule 109)

FORM 72MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Transfer of Fine Order

(Article 101; Rules 111 and 112)

FORM 73MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 101; Rule 117)

FORM 74MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

B. Orders in Debt Proceedings

(Rules 128 to 130)

FORM 75MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Enforcement Process under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981

(Rule 128)

FORM 76MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Enforcement Order under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981

(Rule 129)

FORM 77MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Committal Process under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981

(Rules 128 and 129)

FORM 78MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Committal Order under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981

C. Orders in Ejectment Proceedings

(Article 116; Rules 131 to 133)

FORM 79MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Intention to Apply for the Issue of Ejectment Decree for Overholding

D. Orders for the payment of sums (other than on conviction) made in proceedings upon complaint

(Articles 98 and 99; Rule 7)

FORM 80MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Complaint for Arrears under an Order for Periodical [Lump Sum] Payment enforceable under Article 98 (as applied by Article 99) of the Order

(Articles 98(1)(a) and 99; Rule 8)

FORM 81MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Summons for Arrears under an Order for Periodical [Lump Sum] Payment

(Articles 98(1)(b) and 99; Rules 14 and 143)

FORM 82MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Arrest for Arrears under an Order for Periodical [Lump Sum] Payment

(Articles 98(4)(a) and 99; Rules 14, 143 and 144)

FORM 83MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Distress for Arrears

(Articles 98(5) and 99; Rules 14 and 143)

FORM 84MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment in Default of Distress for Arrears under an Order for Periodical [Lump Sum] Payment

WITNESSES AND EVIDENCE

(Article 118(1); Rule 8)

FORM 85MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Summons to Witness

(Article 123(a))

FORM 86MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Certificate of Collecting Officer of Non-Payment of Sums Ordered to be Paid

FORM 87

FORM 88

RECOGNIZANCES AND FORMS USED IN CONNECTION THEREWITH

(Articles 47 and 135 to 138; Rules 150 to 153)

FORM 89MAGISTRATES' COURTS (NORTHERN lRELAND) ORDER 1981

Recognizance to Appear before a Magistrates' Court

(Articles 130(1)(a) and 135 to 138; Rule 152)

FORM 90MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Recognizance [Constabulary] to appear before a Magistrates' Court

(Articles 130(1)(b) and 135 to 138; Rule 152)

FORM 91MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Recognizance to Appear at a Constabulary Station

(Articles 37, 51(4) and 135 to 138; Rules 150 and 153)

FORM 92MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Recognizance to Appear at the Crown Court

(Article 127; Rule 152)

FORM 93MAGISTRATES' COURTS (NORTHERN IRELAND) QRDER 1981

Recognizance to keep the Peace [and] [or] to be of Good Behaviour

(Rule 150(5) and (6))

FORM 94MAGISTRATES COURTS (NORTHERN IRELAND) ORDER 1981

Certificate of Proposed Surety as to Means

(Article 138(3))

FORM 95MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice to Estreat Recognizance

(Article 138(4): Rules 14, 143 and 144)

FORM 96MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Distress and Commitment in Default of Distress for Sum Forfeited upon the Estreat of a Recognizance

APPEALS TO COUNTY COURT AND BY WAY OF CASE STATED TO COURT OF APPEAL

A. Appeals to County Court

(Article 144; Rule 154)

FORM 97MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Appeal to the County Court

(Rules 154, 155 and 156)

FORM 98MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Form of Appeal to County Court

(Articles 135 to 138 and 148; Rules 150 to 153)

FORM 99MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Recognizance to Prosecute Appeal to County Court [Not] Conditioned for Bail

(Article 150(1))

FORM 100MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice by Clerk of Petty Sessions to Chief Clerk of Abandonment of Appeal to the County Court

B. Appeals by way of Case Stated to Court of Appeal

(Article 146; Rule 158)

FORM 101MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Application to Court to State a Case

(Article 146(4))

FORM 102MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Court's Certificate of Refusal to State a Case

(Article 146; Rule 160)

FORM 103MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Case Stated by Magistrates' Court

(Articles 135 to 138 and 148; Rules 150 to 153)

FORM 104MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Recognizance to Prosecute Appeal to Court of Appeal [Not] Conditioned for Bail

(Article 150(2))

FORM 105MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice to Respondent that Appellant has Abandoned an Appeal by way of Case Stated

MISCELLANEOUS

(Rule 20)

FORM 106MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Certificate of Conviction or Order

(Part IX)

FORM 107MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

General Form for Enforcement of Conviction or Order

(Articles 23(2), 25(3), 81(2) and 126; Rule 11)

FORM 108MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Affidavit of Service of Summons on Defendant

(Articles 23(2), 25(3) and 126; Rule 12)

FORM 109MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Affidavit of Service of Summons for Offence where Summons Served in England and Wales or Scotland

(Articles 118(3) and 126; Rule 11)

FORM 110MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Affidavit of Service of Summons on Witness

(Article 126; Rules 58, 59 and 63)

FORM 111MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Affidavit of Service of a Process by a Summons Server or a Person who has Received Permission to Serve the Process

(Rule 143(4))

FORM 112MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER) 1981

Receipt for Prisoner

(Article 61)

FORM 113MAGISTRATES'COURTS (NORTHERN IRELAND) ORDER 1981

Order for taking Finger-prints and Palm-prints

FORM 114

(Article 126; Rule 148)

FORM 115MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

General Form of Affidavit of Service of Notice, etc.

(Article 47; Rules 14, 143 and 163)

FORM 116MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment on Remand in Hospital

(Rule 13(8)(e))

FORM 117MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Certificate by or on behalf of Complainant that Summons Sent by Registered Post or Recorded Delivery Service and Returned as Undelivered will, if Delivered by Ordinary Post, come to Notice of Person to be Served

(Rules 28(2)(1) and 42(1)(o))

FORM 118MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981MAGISTRATES' COURTS RULES 1983

Statement of Dates on which Defendant Remanded

(Article 152)

FORM 119MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Direction made by Court of Appeal

(Article 113)

FORM 120MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Application Requesting that Warrant of Commitment be Cancelled

Sched. 2

SCHEDULE 2Debt Proceedings

TABLE 1: PLAINTIFF'S COSTS (UNDEFENDED1 PROCEEDINGS)

In proceedings where amount decreed—Solicitor's costs2
(1)(2)
1

For proceedings treated as undefended see Rule 72.

2

See Rule 57(2): Only 50% of costs specified in column (2) payable where defendant pays amount due before entry day.

Judgments Enforcement (Northern Ireland) Order 1981: Part VIII—Costs of enforcement order under Rule 128(2)(a) shall be in accordance with this Table as if the total amount ordered to be paid were the amount decreed. Costs of a committal order following upon an enforcement order or an attachment of earnings order shall be one half of amount of costs appropriate to an enforcement order.

(i) does not exceed £30£10.00
(ii) exceeds £30£15.00

TABLE 2: PLAINTIFF'S COSTS (DEFENDED PROCEEDINGS)

In actions where amount decreed—Solicitor's costsCounsel's fee
(1)(2)(3)
(i) Does not exceed £30£12.00£6.00
(ii) exceeds £30£30.00£12.00

TABLE 3: DEFENDANT'S COSTS (DEFENDED PROCEEDINGS)

In actions where amount claimed—Solicitor's costsCounsel's fee
(1)(2)(3)
(i) does not exceed £30£11.00£6.00
(ii) exceeds £30£28.00£12.00

SCHEDULE 3Ejectment Proceedings*

TABLE 1: PLAINTIFF'S COSTS

Solicitor's costs 1 2 4Counsel's fee 3 4
(1)(2)
1

See Rule 57(2) and (3): Only 50% of solicitor's costs in column (1) payable where defendant delivers up possession and, where appropriate, pays any arrears of rent or any sum due under Article 69 of the Order before entry day.

2

Where case of exceptional complexity or difficulty the court may certify an amount exceeding the scale figure.

3

No fee to be allowed for counsel where proceedings are undefended unless court otherwise orders.

4

This Table includes proceedings where a claim for rent or sums due under Article 69 of the Order is joined with a claim for the recovery of premises.

*

“Ejectment proceedings” means proceedings for the recovery of premises to which Article 67 of the Order applies (including cases of permissive occupancy) and see Note 4.

£15.00£8.00

TABLE 2: DEFENDANT'S COSTS

Solicitor's costsCounsel's fee
(1)(2)
£14.00£8.00