Statutory Rules of Northern Ireland

2006 No. 414

magistrates’ court

The Magistrates’ Courts (Anti-social Behaviour Orders) (Amendment) Rules (Northern Ireland) 2006

Made

17th October 2006

Coming into operation

15th November 2006

The Magistrates’ Court Rules Committee makes the following Rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981(1) after consultation with the Lord Chancellor and with the agreement of the Lord Chief Justice:—

Citation and commencement

1.  These Rules may be cited as the Magistrates’ Courts (Anti-social Behaviour Orders) (Amendment) Rules (Northern Ireland) 2006 and shall come into operation on the 15th November 2006.

Amendment of the Magistrates’ Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004(2)

2.—(1) After Rule 2(4), there shall be inserted the following new paragraph—

“(5) An interim anti-social behaviour order under Article 6A of the 2004 Order made on conviction in criminal proceedings shall be in Form 4A.”.

(2) Rule 3 is amended as follows—

(a) at the end of sub-paragraph (1)(b) the word “or” shall be omitted;

(b) at the end of sub-paragraph (1)(c) for “,”, there shall be substituted “; or”; and

(c) after sub-paragraph (1)(c), there shall be inserted the following new sub-paragraph—

“(d) an interim anti-social behaviour order under Article 6A of the 2004 Order made on conviction in criminal proceedings,”.

(3) Rule 4 is amended as follows—

(a) after paragraph (1), there shall be inserted the following new paragraph—

“(1A) Any summons issued in accordance with paragraph (1) may be served by—

(a) the complainant or employee of the complainant;

(b) the summons server of the petty sessions district in which the proceedings are brought or in which the defendant or witness resides; or

(c) any person who has received permission from a resident magistrate or lay magistrate or from the clerk of petty sessions to serve the summons;

and any such permission shall be endorsed on the original summons and signed by the person giving it.”.

(b) at the end of sub-paragraph (2)(b) the word “or” shall be omitted;

(c) at the end of sub-paragraph (2)(c) for “,”, there shall be substituted “; or”;

(d) after sub-paragraph (2)(c) there shall be inserted the following new sub-paragraph—

“an interim anti-social behaviour order under Article 6A of the 2004 Order made on conviction in criminal proceedings,”; and

(e) in paragraph (3) for “complainant”, there shall be inserted “complainant or, where appropriate, other specified authority”.

(4) The Schedule shall be amended as follows:

(a) by inserting after Form 4, the new Form 4A in the Schedule to these Rules; and

(b) by substituting for Form 5, the new Form 5 in the Schedule to these Rules.

George Conner

Nigel Broderick

John Rea

Sean McCann

John P. B. Maxwell

Mandy Kilpatrick

Dated 17th October 2006

Rule 2(4)

SCHEDULE Forms to be substituted or inserted in the Magistrates’ Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004 (S.R. 2004/324) to take account of amendments which have been made to the Anti-social Behaviour (Northern Ireland) Order 2004 (S.I. 2004/1988 (N.I. 12)) by the Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965 (N.I. 15)).

They prescribe the procedure to be followed in relation to applications for the making, variation and discharge of interim anti-social behaviour orders made on conviction under Article 6A of the 2004 Order.

(1)

S.I. 1981/1675 (N.I. 26) to which the most recent amendments were made by paragraph 65 of Schedule 5 to the Constitutional Reform Act 2005 (c.4).

(2)

S.R. 2004 No. 324.