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Judicature (Northern Ireland) Act 1978

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  1. Introductory Text

  2. Part I Constitution of the Court of Judicature of Northern Ireland

    1. 1. The Court of Judicature.

    2. 2. The High Court.

    3. 3. The Court of Appeal.

    4. 4. The Crown Court.

    5. 5. Divisions of the High Court.

    6. 6. Judges of one court empowered to assist another.

    7. 7. Further assistance for transaction of judicial business.

    8. 8. Additional provisions as to persons rendering judicial assistance.

    9. 9. Qualification to be judge of High Court or Court of Appeal

    10. 10. Judicial precedence.

    11. 11. Exercise of functions of Lord Chief Justice.

    12. 12. Appointment of the Lord Chief Justice and Lords Justices of Appeal

    13. 12A.Appointment of judges of the High Court

    14. 12B.Tenure of office: Lord Chief Justice

    15. 12C.Tenure of office: Lords Justices of Appeal and certain High Court judges

    16. 13. Tenure of office, oath, etc.

    17. 14. Vacation of office.

    18. 15. Power of judges to act in cases relating to rates and taxes.

  3. Part II The High Court

    1. General jurisdiction

      1. 16. General jurisdiction of the High Court and its judges.

      2. 17. Assignment of business to judges.

    2. Supervisory and declaratory jurisdiction

      1. 18. Application for judicial review.

      2. 19. Stay and interim relief.

      3. 20. Damages.

      4. 21. Power to remit matter or reverse or vary decision.

      5. 22. Extension of supervisory powers of High Court.

      6. 23. Declaratory judgments.

      7. 24. Injunction concerning public office.

      8. 25. Power of High Court to vary sentence on certiorari.

      9. 25A.Transfer of judicial review applications to Upper Tribunal

    3. Jurisdiction in relation to persons under disability

      1. 26. Wards of court.

      2. 27. Maintenance of wards of court.

      3. 28.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 29. Co-ordination of exercise of jurisdiction in relation to persons under disability.

    4. Admiralty jurisdiction

      1. 30. High Court to have exclusive original jurisdiction in admiralty.

    5. Miscellaneous powers of High Court

      1. 31. Remittal and removal of proceedings.

      2. 32. Restriction on institution of vexatious actions.

      3. 33. Execution of instruments by order of court.

      4. 33A. Power of High Court to award interest on debts and damages.

  4. Part III The Court of Appeal and the Supreme Court

    1. 34.General jurisdiction of Court of Appeal.

    2. 35.Appeals to Court of Appeal from High Court.

    3. 36.Composition of Court of Appeal.

    4. 37.Powers of a single judge in Court of Appeal.

    5. 38.Powers of court for purposes of appeals.

    6. 39, 40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. 41.Appeals to Supreme Court in other criminal matters.

    8. 42.Appeals to Supreme Court in civil cases.

    9. 43.Appeals to Supreme Court from High Court.

    10. 44.Appeal in cases of contempt of court.

    11. 45.Appeal in habeas corpus proceedings.

  5. Part IV The Crown Court

    1. 46. Exclusive jurisdiction in trial on indictment.

    2. 47. Exercise of jurisdiction by Crown Court.

    3. 48. Committal for trial on indictment.

    4. 49. Sentences imposed and other decisions made by Crown Court.

    5. 50. Right of audience.

    6. 51. Process to compel appearance before Crown Court.

    7. 51A.Issue of witness summons on application to Crown Court.

    8. 51B. Power to require advance production.

    9. 51C. Summons no longer needed.

    10. 51D. Application to make summons ineffective.

    11. 51E. Issue of witness summons of Crown Court’s own motion.

    12. 51F. Application to make summons ineffective.

    13. 51G. Punishment for disobedience to witness summons.

    14. 51H. Further process to secure attendance of witnesses.

    15. 52. Crown Court rules.

    16. 53. Crown Court Rules Committee.

    17. 53A.Making of Crown Court rules

  6. Part V Practice, Procedure and Trials

    1. 54. The Court of Judicature Rules Committee.

    2. 55. Rules of Court.

    3. 55A.Making of rules of Court

    4. 56. Control and publication of rules.

    5. 57. High Court and Court of Appeal to be continuing courts.

    6. 58. Sittings of High Court and Court of Appeal.

    7. 59. Award of costs.

    8. 60. Taxation of costs.

    9. 61. Trial with assessors.

    10. 62. Trial with and without jury.

    11. 63. Trial of challenge for cause in civil actions.

    12. 64. Jury in civil actions.

    13. 65. Rules of court in relation to juries in civil actions.

    14. 66. Certain affidavits taken abroad admissible without proof of seal etc.

    15. 67. Subpoenas in other parts of the United Kingdom.

  7. Part VI Departments and Officers

    1. 68. Departments.

    2. 68A.Lord Chancellor's duty

    3. 69. Northern Ireland Court Service.

    4. 70. Appointment and qualification of statutory officers.

    5. 71. Tenure of office of statutory officers.

    6. 72. Superannuation of statutory officers.

    7. 73. Restrictions on practice.

    8. 74. Deputies and temporary appointments.

    9. 75. Official Solicitor.

    10. 76. Property held by officers.

  8. Part VII Funds in Court

    1. 77. Accountant General.

    2. 78. Accounts of funds in court.

    3. 79. Accountant General to keep bank account.

    4. 80. Payments and transfers.

    5. 81. Investment of funds in court.

    6. 82. Rules as to funds in court.

    7. 83. Application of investment provisions.

    8. 84. Statutory deposits.

    9. 85. Provision for default to be made good.

  9. Part VIII Rules of Law in Judicial Matters Generally

    1. 86.Concurrent administration of law and equity to continue.

    2. 87.Assignment of debts and choses in action.

    3. 88.Certain stipulations not to be of the essence of contracts.

    4. 89.Merger.

    5. 90.Equitable waste.

    6. 91.Orders for sale, mandatory or other injunctions and receivers.

    7. 92.Damages in lieu of or in addition to injunction or specific performance.

    8. 93.Suits for possession of land by mortgagors.

    9. 94.Relief from ejectment.

    10. 94A.Withdrawal of privilege against incrimination of self or spouse in certain proceedings.

  10. Part IX Inferior Courts

    1. County courts

      1. 95, 96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 97. Civil jurisdiction exercisable by circuit registrars.

      3. 98. Appointment and assignment of county court judges.

      4. 99. Qualifications of county court judges and deputy judges.

    2. 100. Appointment and assignment of resident magistrates.

    3. 101.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. Supplementary

      1. 102. Supplementary.

  11. Part X Miscellaneous Matters

    1. 103. Appointment of justices of the peace.

    2. 103A. Power of court of record to bind over

    3. 104. Under-sheriffs.

    4. 105. Solicitors to be officers of court.

    5. 106. Rights of audience in the High Court and Court of Appeal.

    6. 107. Qualification for holding office of solicitors who have been barristers and vice versa.

    7. 108. Election courts.

    8. 109. Enrolment etc. of instruments.

    9. 110. Court bonds.

    10. 111. Lost negotiable instruments.

    11. 112. Oaths and affidavits.

    12. 113. Appointment of conveyancing counsel.

    13. 114. Other law in Northern Ireland courts.

    14. 115. Official seals.

    15. 116. Fees.

    16. 117. Transfer of certain functions relating to courts to Lord Chancellor.

    17. 117A. Allowances for judges.

  12. Part XI Interpretation and General

    1. 118. Application to the Crown.

    2. 119. Making and control of subordinate legislation.

    3. 120. Interpretation.

    4. 121. Financial provisions.

    5. 122. Minor and consequential amendments, transitional provisions and repeals.

    6. 123. Short title and commencement.

  13. Judicature (Northern Ireland) Act 1978

    1. SCHEDULE 1

      Appeals to Supreme Court in Certain Criminal Matters

      1. 1.(1) Subject to sub-paragraph (2) an application to the court...

      2. 2.Any application for leave to appeal in a case involving...

      3. 3.(1) Without prejudice to any other power to grant bail,...

      4. 4.(1) Where the defendant in any proceedings from which an...

      5. 5.(1) Where a person subject to a sentence is admitted...

      6. 6.(1) Rules of court may be made—

    2. SCHEDULE 2

      Departments of the Court of Judicature

    3. SCHEDULE 3

      STATUTORY OFFICES

    4. SCHEDULE 4

      Superannuation of Statutory Officers

      1. 1.In its application to a statutory officer in respect of...

      2. 2.For the purpose of calculating reckonable service (but not qualifying...

      3. 3.Notwithstanding paragraph 2, any lump sum payable in addition to...

      4. 4.Expressions used in this Schedule and in the principal civil...

    5. SCHEDULE 5

      Minor and Consequential Amendments

      1. Part I General Amendments

        1. 1.(1) Except where the contrary is expressly provided by or...

        2. 2.(1) In any statutory provision whether passed or made before,...

        3. 3.References in any statutory provision to rules made under section...

        4. 4.Paragraphs 1 to 3 apply subject to the provisions of...

      2. Part II Specific Amendments

        1. (1) Acts of the Parliament of the United Kingdom

          1. The Writ of Subpoena Act 1805

          2. The Tumultuous Risings (Ireland) Act 1831

          3. The Constabulary (Ireland) Act 1836

          4. The Parliamentary Documents Deposit Act 1837

          5. The Lands Clauses Consolidation Act 1845

            1. At the end of section 3 add the following definition—...

            2. Section 9 shall, in the case of purchase money or...

            3. Section 69 shall, in the case of purchase money or...

            4. Section 70 shall, in the case of money paid into...

            5. Section 71 shall, in the case of purchase money or...

            6. Section 73 shall, in the case of money payable in...

            7. Section 76 shall, in the case of, or of an...

            8. Section 78 shall, in the case of purchase money or...

            9. Section 84 shall, in the case of lands in Northern...

            10. Section 85 shall, in the case of lands in Northern...

            11. The Act shall, in its application to Northern Ireland, have...

            12. Section 89 shall, in the case of lands in Northern...

            13. Section 99 shall, in the case of lands in Northern...

            14. Section 100 shall, in the case of lands in Northern...

            15. Section 107 shall, in the case of lands in Northern...

            16. Section 109 shall, in the case of lands in Northern...

            17. Section 111 shall, in the case of lands in Northern...

            18. Section 113 shall, in the case of lands in Northern...

            19. Section 117 shall, in the case of lands in Northern...

            20. In Schedule A as it applies to the conveyance of...

          6. The Indictable Offences Act 1848

          7. The Railways Act (Ireland) 1851

          8. The Fines Act (Ireland) 1851

          9. The Petty Sessions (Ireland) Act 1851

          10. The Irish Bankrupt and Insolvent Act 1857

          11. The Landed Estates Court (Ireland) Act 1858

          12. The Railways Act (Ireland) 1860

          13. The Defence Act 1860

          14. The Tramways (Ireland) Act 1860

          15. The Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870

          16. The Bankruptcy (Ireland) Amendment Act 1872

          17. The Fines Act (Ireland) 1851, Amendment Act 1874

          18. The Appellate Jurisdiction Act 1876

          19. The Settled Estates Act 1877

          20. The Bills of Sale (Ireland) Act 1879

          21. The Settled Land Act 1882

          22. The Land Law (Ireland) Act 1887

          23. The Deeds of Arrangement Act 1887

          24. The Deeds of Arrangement Amendment Act 1890

          25. The Witnesses (Public Inquiries) Protection Act 1892

          26. The Life Insurance Companies (Payment into Court) Act 1896

            1. In section 3, as it applies to Northern Ireland, for...

          27. The Northern Ireland (Miscellaneous Provisions) Act 1932

          28. The Foreign Judgments (Reciprocal Enforcement) Act 1933

          29. The Trade Marks Act 1938

          30. The Pensions Appeal Tribunals Act 1943

          31. The Arbitration Act 1950

          32. The Maintenance Orders Act 1950

          33. The Administration of Justice Act 1956

          34. The Geneva Conventions Act 1957

          35. The Administration of Justice Act 1960

          36. The Professions Supplementary to Medicine Act 1960

          37. The Veterinary Surgeons Act 1966

          38. The Arbitration (International Investment Disputes) Act 1966

          39. The Family Law Reform Act 1969

          40. The Administration of Justice Act 1969

          41. The Taxes Management Act 1970

          42. The Administration of Justice Act 1970

          43. The Misuse of Drugs Act 1971

          44. The Tribunals and Inquiries Act 1971

          45. The Administration of Justice Act 1973

          46. The Social Security (Northern Ireland) Act 1975

          47. The House of Commons Disqualification Act 1975

          48. The Northern Ireland Assembly Disqualification Act 1975

          49. The Northern Ireland (Emergency Provisions) Act 1978

        2. (2) Acts of the Irish Parliament and Parliament of Northern Ireland

          1. The Habeas Corpus Act (Ireland) 1781

          2. The Bankruptcy Amendment Act (Northern Ireland) 1929

          3. The Motor Vehicles and Road Traffic Act (Northern Ireland) 1929

          4. The Planning and Housing Act (Northern Ireland) 1931

          5. The Evidence Act (Northern Ireland) 1939

          6. The Matrimonial Causes Act (Northern Ireland) 1939

          7. The Landlord and Tenant (War Damage) Act (Northern Ireland) 1941

          8. The Criminal Justice Act (Northern Ireland) 1945

          9. The Prison Act (Northern Ireland) 1953

          10. The Administrration of Justice Act (Northern Ireland) 1954

          11. The Interpretation Act (Northern Ireland) 1954

          12. The Trustee Act (Northern Ireland) 1958

          13. The Coroners Act (Northern Ireland) 1959

          14. The County Courts Act (Northern Ireland) 1959

          15. The Resident Magistrates’ Pensions Act (Northern Ireland) 1960

          16. The Electoral Law Act (Northern Ireland) 1962

          17. The Magistrates’ Courts Act (Northern Ireland) 1964

          18. The Lands Tribunal and Compensation Act (Northern Ireland) 1964

          19. The Charities Act (Northern Ireland) 1964

            1. In section 30(1) for the words “The chief registrar of...

            2. . . . . . . . . . ....

          20. The Maintenance and Affiliation Orders Act (Northern Ireland) 1966

            1. In section 10(2) after paragraph (e) insert—

            2. . . . . . . . . . ....

          21. The Costs in Criminal Cases Act (Northern Ireland) 1968

            1. In section 4 for the words “Court of Criminal Appeal”...

            2. For section 7 substitute— Rules relating to costs. Rules of court, Crown Court rules, county court rules and...

          22. The Treatment of Offenders Act (Northern Ireland) 1968

          23. The Children and Young Persons Act (Northern Ireland) 1968

          24. The Grand Jury (Abolition) Act (Northern Ireland) 1969

          25. The Judgments (Enforcement) Act (Northern Ireland) 1969

          26. The Nurses and Midwives Act (Northern Ireland) 1970

          27. The Registration of Deeds Act (Northern Ireland) 1970

          28. The Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971

          29. The Payments for Debt (Emergency Provisions) Act (Northern Ireland) 1971

            1. (a) in the definition of “appropriate authority” for the words...

          30. The Northern Ireland (Crown Proceedings) Order 1949

          31. The Prosecution of Offences (Northern Ireland) Order 1972

          32. The Health and Personal Social Services (Northern Ireland) Order 1972

          33. “division” means a county court division within the meaning of...

          34. at the end of the entry relating to officers of...

          35. The Treatment of Offenders (Northern Ireland) Order 1976

          36. The Solicitors (Northern Ireland) Order 1976

          37. The Sexual Offences (Northern Ireland) Order 1978

    6. SCHEDULE 6

      Transitional Provisions

      1. Part I General

        1. 1.(1) Proceedings instituted or being carried on heretofore in a...

        2. 2.Any order or appointment made, direction or authority given or...

        3. 3.Every rule of court made or deemed to have been...

        4. 4.General orders made by the Lord Chief Justice under section...

        5. 5.All forms and methods of civil and criminal procedure and...

        6. 6.Until the coming into force of section 69(1)—

        7. 7.In so far as any instrument made or other thing...

        8. 8.Until the issue of commissions of the peace by virtue...

        9. 9.Until an order under section 68(3) comes into force in...

        10. 9A.The Lord Chief Justice may nominate any of the following...

        11. 10.This Part and Parts II and III of this Schedule...

      2. Part II The Crown Court

        1. 11.(1) For the purpose of enabling indictable proceedings instituted before...

        2. 12.Any indictable proceeding the hearing of which has begun but...

        3. 13.Nothing in this Act shall affect any order made before...

        4. 14.The clerk of the Crown and peace of each county...

        5. 15.(1) Subject to any provision made by rules of court,...

        6. 16.(1) The Lord Chief Justice may, if it appears to...

      3. Part III Statutory Officers

        1. 17.On the coming into operation of section 70(1) the Lord...

        2. 18.Notwithstanding the provisions of section 70(2), a person who heretofore...

    7. SCHEDULE 7

      REPEALS

      1. PART I ACTS OF THE PARLIAMENT OF ENGLAND, GREAT BRITAIN AND THE UNTIED KINGDOM

      2. PART II ACTS OF THE IRISH PARLIAMENT AND PARLIAMENT OF NORTHEN IRELAND.

      3. PART III ORDERS IN COUNCIL

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