Judicature (Northern Ireland) Act 1978

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

Modifications etc. (not altering text)

C1 The text of Sch. 5 Pt. II(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Habeas Corpus Act (Ireland) 1781 M1 U.K.

Marginal Citations

M1 1781 c. 11 (Ir.).

In section 2 for the words from “in the court of the King’s bench” to “case shall require” substitute the words “in the Crown Court”.

In section 8 for the words “judge of assize” substitute the words “judge of the Crown Court”.

The Bankruptcy Amendment Act (Northern Ireland) 1929 M2 U.K.

Marginal Citations

M2 1929 c. 1. (N.I.).

In section 21(1) for the words from the beginning to “providing” substitute the words “Rules of Court may provide” and for the words from the end of paragraph (b) onwards substitute the words “and may provide for any matters for which provision may be necessary in order to give full effect to this section and prescribe anything which is to be prescribed thereunder”.

In section 28(1)—

(a) in the definition of “The court” for the words from “a judge” to the end substitute the words “the High Court” ;

(b) in the definition of “Prescribed” for the words from “section sixty-one” to the end substitute the words “section 55 of the Judicature (Northern Ireland) Act 1978”.

The Motor Vehicles and Road Traffic Act (Northern Ireland) 1929 M3 U.K.

Marginal Citations

M3 1929 c. 21 (N.I.).

In section 7(3) for the words from “such division or court of the Supreme Court” to the end substitute the words “the Court of Appeal and the decision of that Court shall be final”.

The Planning and Housing Act (Northern Ireland) 1931 M4 U.K.

Marginal Citations

M4 1931 c. 12. (N.I.).

In section 34(4) and (5) for the words “Supreme Court” wherever they occur substitute the words “Court of Appeal”.

In section 45(3) for the words “Supreme Court” substitute the words “High Court”.

The Evidence Act (Northern Ireland) 1939 M5 U.K.

Marginal Citations

M5 1939 c. 12. (N.I.).

In section 5(1) after the words “rules of court” insert the words “and county court rules”.

The Matrimonial Causes Act (Northern Ireland) 1939 M6 U.K.

Marginal Citations

M6 1939 c. 13. (N.I.).

In the long title and in section 1 for the words “Supreme Court” substitute the words “High Court”.

In section 4(1)(a) for sub-paragraph (i) substitute—

“(i) an order of the High Court; or”.

For section 27(2) substitute—

“(2) Rules of court may be made under section 55 of the Judicature (Northern Ireland) Act 1978 for prescribing anything which by this Act is to be prescribed”.

In section 30(1) for the definition of “High Court” substitute— “ “High Court” includes the Master (Probate and Matrimonial) exercising such jurisdiction of the court as may be prescribed in that behlaf by rules made under section 55 of the Judicature (Northern Ireland) Act 1978 ”.

In section 30(1) in the definition of “Presentation” for the words “Principal Probate Registry” substitute the words “Probate and Matrimonial Office”.

The Landlord and Tenant (War Damage) Act (Northern Ireland) 1941 M7 U.K.

Marginal Citations

M7 1941 c. 9. (N.I.).

For section 33(7) substitute—

“(7) If any party to any proceedings in the county court under this Act is dissatisfied with the order, determination, direction or decision of the court he may appeal therefrom to the High Court”

In section 38(1) in the definition of “rules of court” for the words from “requre” to the end substitute the words “require, rules under section 55 of the Judicature (Northern Ireland) Act 1978,”.

The Criminal Justice Act (Northern Ireland) 1945 M8 U.K.

Marginal Citations

M8 1945 c. 15. (N.I.).

In section 35(1) for the words “a court of assize or of quarter sessions” substitute the words “the Crown Court or a county court”.

In section 35(7) for the words “the rules under this Act” substitute the words “Crown Court rules”.

The Probation Act (Northern Ireland) 1950 M9 U.K.

Marginal Citations

M9 1950 c. 7. (N.I.).

In sections 4(3)(b), 6(3)(b), 6(4), 6(6), 6(8) and 7(4) for the words “a court of assize or quarter sessions” wherever they occur substitute the words “the Crown Court”.

In sections 4(3)(b), 6(3)(b), 6(4) and 6(6( for the words “the court of assize or quarter sessions” wherever they occur substitute the words “the Crown Court”.

In section 6(2)(a) for the words “a court of assize, a judge of that” substitute the words “the Crown Court, a judge of that”.

For section 6(2)(b) substitute—

“(b) if the order was made by a county court judge on an appeal made to him under section 140, 141 or 142 of the Magistrates’ Courts Act (Northern Ireland) 1964, a county court judge acting for the division of the county court in which the order was made or a committing justice ;”.

In section 8(1)(a)(i) for the words “a court of assize or county court, to the Court of Criminal Appeal” substitute the words “the Crown Court, to the Court of Appeal”.

The Prison Act (Northern Ireland) 1953 M10 U.K.

Marginal Citations

M10 1953 c. 18. (N.I.).

In section 6 for the words “a court of assize or quarter sessions” substitute the words “the Crown Court”.

The Juries Act (Northern Ireland) 1953 M11 U.K.

Marginal Citations

M11 1953 c. 19. (N.I.).

For section 1 and 2 substitute—

“1 Payments to be made in respect of jury service.

(1) Subject to the following provisions of this section, a person who serves as a juror shall be entitled, in respect of his attendance at court for the purpose of performing jury service, to receive payments, at rates determined by the Lord Chancellor with the consent of the Minister for the Civil Service and subject to any prescribed conditions, by way of allowance—

(a) for travelling and subsistence; and

(b) for financial loss, where in consequence of his attendance for that purpose he has incurred any expenditure (otherwise than on travelling and subsistence) to which he would not otherwise be subject or he has suffered any loss of earnings, or of benefit under the enactments relating to national insurance and social security, which he would otherwise have made or received.

(2) Subsection (1) shall apply to service on a coroner’s jury.

(3) The determination of the amounts payable to persons under subsection (1) and the manner of making those payments shall be in accordance with arrangements made by the Lord Chancellor and all such payments shall be made out of manoeys provided by the Parliament of the United Kingdom.

(4) In subsection (1) “prescribed” means prescribed by regulations made by the Lord Chancellor with the consent of the Minister for the Civil Service ; and for the purposes of this subsection a person who, in obedience to a summons to serve on a jury, attends for service as a juror shall be deemed to serve as a juror notwithstanding that he is not subsequently sworn in.

(5) No person shall be entitled under any Act other than this Act or under any rule of law, custom or agreement to payment for his service as juror.”.

The Administrration of Justice Act (Northern Ireland) 1954 M12 U.K.

Marginal Citations

M12 1954 c. 9. (N.I.).

For section 11 substitute—

“11 Local custody and control of courthouse accommodation.

The Lord Chancellor may give directions as the local custody and control of any courthouse accommodation provided or maintained under this Act.”.

In section 14(1) for the words from the beginning to “on behalf of the Ministry” substitute the words “The Lord Chancellor” and for the word “Ministry” where it twice occurs substitute the words “Lord Chancellor”.

The Interpretation Act (Northern Ireland) 1954 M13 U.K.

Marginal Citations

M13 1954 c. 33. (N.I.).

In section 21—

(a) in subsection (2) for the words “Ministry of Finance” substitute the word “Treasury”;

(b) for subsection (4) substitute—

“(4) In any enactment—

• “rules of court” shall mean rules of court made, or having effect as if made, under section 55 of the Judicature (Northern Ireland) Act 1978;

• “Crown Court rules” shall mean rules made under section 52 of the Judicature (Northern Ireland) Act 1978.”;

(c) in subsection (6) after paragraph (a) insert—

“(aa) in relation to the Crown Court, references to the Crown Court rules;”.

In section 42—

(a) in subsection (1) for the definition of “county court” substitute—

““Crown Court” shall mean Her Majesty’s Crown Court in Northern Ireland;

“county court” shall mean a county court held for a division under the County Courts Act (Northern Ireland) 1959;”;

(b) in subsection (3) for the definition of “Probate Judge” substitute—

““Probate Judge” shall mean the Judge of the High Court to whom probate business and matters are for the time being assigned.”.

The Trustee Act (Northern Ireland) 1958 M14 U.K.

Marginal Citations

M14 1958 c. 23. (N.I.).

In sections 35(9) and 57(4) for the words “Lord Cheif Justice or Registrar in Lunacy” substitute the words “High Court or the Master (Care and Protection)”.

In section 67 omit the definition of “pay” and at the end of section 66 add—

“(3) Any reference in this Act to paying money or securities into court shall be construed as referring to paying the money or transferring or depositing the securities into or in the Supreme Court or into or in the county court that has jurisdiction, and any reference in this Act to payment of money or securities into court shall be construed—

(a) with reference to an order of the High Court, as referring to payment of the money or transfer or deposit of the securities into or in the Supreme Court; and

(b) with reference to an order of a county court, as referring to payment of money or transfer or deposit of the securities into or in the court.”.

The Coroners Act (Northern Ireland) 1959 M15 U.K.

Marginal Citations

M15 1959 c. 15. (N.I.).

In section 1, for the words from the beginning to “responsible” substitute the words “The Lord Chancellor shall be responsible”.

In section 2(1), for the words from the beginning to “may appoint” substitute the words “The Lord Chancellor may appoint” and for the words from “the Minister, after” to the end substitute the words “the Lord Chancellor, after consultation with the Treasury, may determine and may also, in exercise of his powers under section 69 of the Judicature (Northern Ireland) Act 1978, appoint coroner’s officers and other officers to assist coroners”.

In sections 2(2) and 3 for the word “Minister” substitute the words “Lord Chancellor”.

In section 2(3) for the words from “is a barrister-at-law” to the end substitute the words “has practised for not less than five years either as a member of the Bar of Northern Ireland or as a solicitor of the Supreme Court”.

In section 5 for the words from “moneys” to the end substitute the words “moneys provided by the Parliament of the United Kingdom”.

In section 6(2) for the word “Minister” where it twice occurs substitute the words “Lord Chancellor”.

In sections 11(3), 26 and 27(2) for the word “Ministry” wherever it occurs substitute the words “Lord Chancellor”.

In section 36(1) for the words from the beginning to the end of paragraph (a) substitute—

The Lord Chancellor may by rules—

(a) made after consultation with the Treasury, make provision with respect to the records, accounts and returns which the Lord Chancellor may require coroners to keep and submit to him and with respect to information to be supplied by coroners;”.

For section 36(2) substitute—

“(2) The Lord Chancellor may with the consent of the Minister of the Civil Service determine—

(a) the salaries or fees and superannuation to be paid to coroners and to registered medical practitioners employed under section 27(2);

(b) the fees and allowances payable to person assisting at the post-mortem examinations;

(c) the allowances payable to witnesses under this Act.”.

The County Courts Act (Northern Ireland) 1959 M16 U.K.

Marginal Citations

M16 1959 c. 25. (N.I.).

. . . F1

Textual Amendments

F1 Entries relating to County Courts Act (Northern Ireland) 1959 (c. 25) (N.I.), ss. 3(1), 5, 6(2), 6(4)(a), 33(3)(a), 36, 38, 55, 63, 71(3), 114, 142(1), 144, 145(1), 146, 147, 152(1) repealed by S.I. 1980/397 (N.I. 3), art. 69(2), Sch. 3

In section 105—

(a) For subsection (1) substitute—

“(1) Subject to subsection (1A), the Loed Chancellor may, if he thinks fit, remove a judge from office on the ground of incapacity or misbehaviour.

(1A) Subsection (1) shall not apply to a judge holding office immediately before 1st January 1974 but—

(a) subject to paragraph (b), every such judge shall hold office during good behaviour subject to a power of removal by Her Majesty on an address presented to Her Majesty by both Houses of Parliament of the United Kingdom;

(b) where the Lord Chancellor is satisfied that by reason of infirmity of mind or body any such judge is incapable of discharging the duties of his office, and that the incapacity is likely to be permanent, he may, upon hearing any representations made by or on behalf of the judge, remove him from office.”;

(b) in subsection (4) for the words “and (2)” substitute the words “and (1A)”.

For section 106 substitute—

“106 Salaries and allowances of judges.

(1) There shall be paid to each judge such salary as may be determined by the Lord Chancellor with the consent of the Minister for the Civil Service.

(2) The salary payable to any judge shall begin from the date on which the judge takes the oaths required by section 105(3).

(3) The Lord Chancellor with the approval of the Minister for the Civil Service may allow to any judge, for the purposes of defraying his travelling and subsistence expenses, such sum as appears reasonable.”.

. . . F2

Textual Amendments

F2 Entries relating to County Courts Act (Northern Ireland) 1959 (c. 25) (N.I.), ss. 3(1), 5, 6(2), 6(4)(a), 33(3)(a), 36, 38, 55, 63, 71(3), 114, 142(1), 144, 145(1), 146, 147, 152(1) repealed by S.I. 1980/397 (N.I. 3), art. 69(2), Sch. 3

In section 116—

(a) for the words “Ministry of Finance” wherever they occur substitute the words “Minister for the Civil Service”;

(b) for the word “Minister” wherver it occurs substitute the words “Lord Chancellor”;

(c) for the word “Governor” in subsection (4) substitute the words “Lord Chancellor”.

In sections 123(2), 125(3) and 126, for the words “Ministry of Finance” wherver they occur substitute the words “Minister for the Civil Service”.

In section 132 for the word “Ministry” substitute the words “Lord Chancellor”.

For section 134 substitute—

“134 Evidence of health.

Before recommending any person to Her Majesty for appointment as a county court judge, the Lord Chancellor shall take steps to satisfy himself that that person’s health is satisfactory.”.

In section 136 for the words from the beginning to the beginning of paragraph (a) substitute the words “There shall be charged on and paid out of the Consolidated Fund of the United Kingdom” and for the words “Minstry of Finance” substitute the word “Treasury”.

In section 137 for the words from “provided by” to “all expenses” substitute the words “provided by the Parliament of the United Kingdom all expenses”.

. . . F3

Textual Amendments

F3 Entries relating to County Courts Act (Northern Ireland) 1959 (c. 25) (N.I.), ss. 3(1), 5, 6(2), 6(4)(a), 33(3)(a), 36, 38, 55, 63, 71(3), 114, 142(1), 144, 145(1), 146, 147, 152(1) repealed by S.I. 1980/397 (N.I. 3), art. 69(2), Sch. 3

The Resident Magistrates’ Pensions Act (Northern Ireland) 1960 M17 U.K.

Marginal Citations

M17 1960 c. 2.(N.I.).

In section 1 for the words from “on attaining the age of seventy years” to the end substitute the words “at the end of the completed year of service in which he attains the age of seventy; but where the Lord Chancellor considers it desirable in the public interest to retain him in office after that time , the Lord Chancellor may from time to time authorise him to continue in office up to such age, not exceeding seventy-two, as the Lord Chancellor thinks fit”.

. . . F4

Textual Amendments

F4 Entries relating to Companies Act (Northern Ireland) 1960 (c. 22) (N.I.), ss. 349(9), 389(1)(3) repealed by S.I. 1986/1035 (N.I. 9), art. 24, Sch. 2

. . . F5

Textual Amendments

F5 Entries relating to Mental Health Act (Northern Ireland) 1961 (c. 15) (N.I.), ss. 1(1)(f), 25, 45, 48(1), 55(1), 56(6), 59(2)(a)–(c), 63(2), 69(1)(d), 73(1), 74, 79(4), 87(1)(2), 101(8)(a), 111(2), 117(2) repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7

The Electoral Law Act (Northern Ireland) 1962 M18 U.K.

Marginal Citations

M18 1962 c. 14.(N.I.).

For section 72(2) substitute—

“(2) An election court for the trial of petitions relating to parliamentary elections (in this Act referred to as a “parliamentary election court”) shall consist of the two judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978.”.

In section 83(2), (3) and (4) for the words “Supreme Court” substitute the words “Court of Appeal”.

In paragraph 17(2) of Schedule 3, for the words “Supreme Court” substitute the words “Court of Appeal”.

. . . F6

Textual Amendments

F6 Entries relating to County Courts Appeals Act (Northern Ireland) 1964 (c. 3) (N.I.) repealed by S.I. 1980/397 (N.I. 3), art. 69(2), Sch. 3

The Magistrates’ Courts Act (Northern Ireland) 1964 M19 U.K.

Marginal Citations

M19 1964 c. 21. (N.I.).

For section 3 substitute—

“3 Justices of the peace.

Justices of the peace shall be appointed in accordance with section 103 of the Judicature (Northern Ireland) Act 1978.”.

In section 6(1) for the words from “member of” to the end substitute the words “member of the Northern Ireland Court Service, notary public or commissioner for oaths”.

In section 7 for the words from the beginning to “shall” substitute the words “A person appointed as a justice of the peace shall, where he has already done so in connection with a former appointment,”.

In section 10(1) for the word “Governor” wherever it occurs substitute the words “Lord Chancellor” and for the words “being persons who are eligible for appointment as, or have previously been, resident magistrates”.

For section 11 substitute—

“11 Removal of resident magistrates from office.

(1) Subject to subsection (2) and to section 1 of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960, every resident magistrate shall hold his office during good behaviour, but may be removed from his office by the Lord Chancellor on the ground of incapacity or misbehaviour.

(2) Subsection (1) shall not apply to a resident magistrate holding office immediately before 1st January 1974 but, subject to section 1 of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960, every such resident magistrate shall hold office during good behaviour subject to a power of removal by Her Majesty on an address presented to Her Majesty by both Houses of Parliament of the United Kingdom.”.

In section 12(1) for the words from the beginning to “the salaries” substitute the words “make an application for the judicial review to the Minister for the Civil Service, determine the salaries”.

. . . F7

Textual Amendments

F7 Entries relating to Magistrates' Courts Act (Northern Ireland) 1964 (c. 21) (N.I.) (except the entries relating to ss. 3, 6(1), 7, 10(1), 11, 12(1) and 168(2) ) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7

For section 168, substitute—

“168 Expenses.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) There shall be charged on and paid out of the Consolidated Fund of the United Kingdom the salaries payable to resident magistrates under this Act or the Resident Magistrates (Belfast) Act 1911.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”

The Lands Tribunal and Compensation Act (Northern Ireland) 1964 M20 U.K.

Marginal Citations

M20 1964 c. 29.(N.I.).

In section 2—

(a) in subsection (1) for the words “subsection (4)” substitute the words “subsections (4) and (4A)” and;

(b) after subsection (4) insert—

“(4A) Without prejudice to subsection (4), a member of the Lands Tribunal holding office immediately before 1st January 1974 may be removed from office by Her Majesty upon an address presented to Her Majesty by both Houses of the Parliament of the United Kingdom.”

The Charities Act (Northern Ireland) 1964 M21 U.K.

Marginal Citations

M21 1964 c. 33.(N.I.).

In section 30(1) for the words “The chief registrar of the Principal Probate Registry of the High Court” substitute the words “The Master (Probate amd Matrimonial)” and for the words from “that Registry” to the end substitute the words “the Probate and Matrimonial Office, or of which a copy has been forwarded to him from a branch office of that Office.”.

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Entries relating to Legal Aid and Advice Act (Northern Ireland) 1965 (c. 8) (N.I.) repealed by S.I. 1981/228 (N.I. 8), art. 42(4), Sch. 4

The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 M22 U.K.

Marginal Citations

M22 1966 c. 35.(N.I.).

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

“(f) section 27 of the Judicature (Northern Ireland) Act 1978”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Entry relating to Building Societies Act (Northern Ireland) 1967 (c. 31) (N.I.) s. 98 repealed by Building Societies Act 1986 (c. 53, SIF 16), s. 120(2)(3), Sch. 19 Pt. III

The Costs in Criminal Cases Act (Northern Ireland) 1968 M23 U.K.

Marginal Citations

M23 1968 c. 10.(N.I.).

In section 4 for the words “Court of Criminal Appeal” wherever they occur substitute the words “Court of Appeal”.

For section 7 substitute—

“7 Rules relating to costs.

Rules of court, Crown Court rules, county court rules and magistrates’ court rules may provide for the rates or scales of payment of costs under section 2 to 5 in so far as those sections relate to costs in the Court of Appeal, the Crown Court, county courts and magistrates’ courts respectively.”.

The Treatment of Offenders Act (Northern Ireland) 1968 M24 U.K.

Marginal Citations

M24 1968 c. 29 (N.I.)

In sections 19(4), 20(3), 21(3), 25 and 29(1) for the words “a court of assize or county court” wherever they occur substitute the words “the Crown Court”.

In section 19(4) for the words “the judge of the court of assize or county court, as the case may be” substitute the words “the judge of the Crown Court”.

In section 20(1) for the words from “any court of assize” to “brought or” substitute the words “the Crown Court or”.

In section 20(5) for the words “sentenced or ordered to be detained” substitute the word “tried”.

In section 21(1) for the words “or county borough” substitute the words “court division”.

In section 21(2) for the words “High Court judge or a county court judge” substitute the words “judge of the Crown Court”.

. . . F10

Textual Amendments

F10 Entry relating to Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (N.I.), s. 25(3) repealed by S.I. 1989/1344 (N.I. 15), art. 14(2), Sch. 2

The Children and Young Persons Act (Northern Ireland) 1968 M25 U.K.

Marginal Citations

M25 1968 c. 34 (N.I.).

In section 65(2) for the words from the beginning to “to be held” substitute the words “Directions given by the Lord Chancellor under section 21(3) of the Magistrates’ Courts Act (Northern Ireland) 1964”.

In sections 67(b) and 101(3) after the word “county” insert the words “court division”.

In section 76(6)(b) for the words “a court of assize or a county court, to the Court of Criminal Appeal” substitute the words “the Crown Court, to the Court of Appeal”.

In section 79(2) for the words “court of assize or the county court, as the case may be, at which the case will be tried, of tried by a jury” substitute the words “place at which the Crown Court, at which the case will be tried if tried by a jury, may sit”.

In sections 136(4) and 178(4) and in paragraphs (1(1) and 3(2) of Schedule 2 for the words “or county borough” and “county borough” wherever they occur substitute the words “court division”.

In section 156(7) for the words “a county court or a court of assize” substitute the words “the Crown Court” and for the words “in the county or county court division in which the court of assize or county court was held when it made the contribution order” substitute the words “in Northern Ireland”.

In section 178, as originally enacted, for the word “Ministry” where it twice occurs substitute the words “Lord Chancellor”.

In Schedule 2—

(a) in paragraph 1(2) for the word “Governor” substitute the words “Lord Chancellor”;

(b) in paragraphs 1(3) and 8 for the word “Ministry” wherever it occurs substitute the words “Lord Chancellor”;

(c) at the end of paragraph 1(4) add the words “by regulations made under paragraph 8”;

(d) in paragraph 2(2) for the words from “who” to the end substitute the words “who has taken the said oaths after a previous appointment as a member of any such panel or who has taken the said oaths as required by section 7 of the Magistrates’ Courts Act (Northern Ireland) 1964”;

(e) in paragraph 6 for the words “The Ministry may pay” substitute the words “The Lord Chancellor may, out of money provided by the Parliament of the United Kingdom, pay” and for the words from “Ministry may determine” to the end substitute the words “Lord Chancellor may, with the approval of the Minister for the Civil Service determine”;

(f) at the end of paragraph 8 add—

“(d) be subject to annulment in pursuance of resolution if either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instrument Act 1946 shall apply accordingly.”

The Grand Jury (Abolition) Act (Northern Ireland) 1969 M26 U.K.

Marginal Citations

M26 1969 c. 15.(N.I.).

In section 2(1) for the words “a court of assize or to a county court” substitute the words “the Crown Court”.

In section 2(2)(c) for the words “Court of Criminal Appeal” substitute the words “Courtof Appeal”.

In section 2(2)(e) for the words “Supreme Court or a county court judge” substitute the words “High Court, Court of Appeal or Crown Court”.

In section 2(3) for the words “a court of assize or a county court” substitute the words “the Crown Court”.

The Judgments (Enforcement) Act (Northern Ireland) 1969 M27 U.K.

Marginal Citations

M27 1969 c. 30 (N.I.).

F11 . . . F12

Textual Amendments

F11 Entries relating to Judgments (Enforcement) Act (Northern Ireland) 1969 (c. 30) (N.I.), except those relating to s. 128(1) and Pt. II of Sch. 4 to that Act repealed by S.I. 1981/226 (N.I. 6), Sch. 4

F12 Entry relating to Judgments (Enforcement) Act (Northern Ireland) 1969 (c. 30) (N.I.) s. 128(1) repealed by S.I. 1981/233, Sch. 1 Pt. I

. . . F11

. . .

In Part II of Schedule 4 in the amendment to the M28 Irish Bankrupt and Insolvent Act 1857 for the word “regulations” substitute the word “rules”.

Marginal Citations

M28 1857 c. 60.

The Nurses and Midwives Act (Northern Ireland) 1970 M29 U.K.

Marginal Citations

M29 1970 c. 11 (N.I.).

In section 46(3) for the words “The Attendance of Witnesses Act 1854” substitute the words “Section 67 of the Judicature (Northern Ireland) Act 1978”.

The Registration of Deeds Act (Northern Ireland) 1970 M30 U.K.

Marginal Citations

M30 1970 c. 25 (N.I.).

In section 3(7) for the words “Supreme Court” substitute the words “High Court or the Court of Appeal”.

The Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 M31 U.K.

Marginal Citations

M31 1971 c. 7 (N.I.).

In sections 5(4) and 11(4) for the words “Registrar of the Department for the Affairs of Patients (Northern Ireland)” substitute the words “Master (Care and Protection)”.

In section 5(7) for the words “Lord Chief Justice” wherever occurring substitute the words “the High Court”. F13

Textual Amendments

F13 Entry relating to Licensing Act (Northern Ireland) 1971 (c. 13) (N.I.) repealed by S.I. 1990/594 (N.I. 6), art. 90(4), Sch. 13

. . .

The Payments for Debt (Emergency Provisions) Act (Northern Ireland) 1971 M32 U.K.

Marginal Citations

M32 1971 c. 30 (N.I.).

In section 3 for the words “rules made under section 13” substitute the words “Judgement Enforcement Rules”.

In section 9(3) for the words “a Judge of the High Court” substitute the words “the Court of Appeal”.

In section 9(4) for the words “Judge of the High Court” substitute the words “High Court or the Court of Appeal”.

In section 16(1)—

(a) in the definition of “appropriate authority” for the words “Minister of Home Affairs” substitute the words “Lord Chancellor”;

(b) in the definition of “Master” for the words “for the enforcement of judgements” substitute the words “(Enforcement of Judgements)” and for the words “designated officer” substitute the words “Judicial Officer (Enforcement of Judgements)”.

(3) Orders in Council

Modifications etc. (not altering text)

C2 The text of Sch. 5 Pt. II(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Northern Ireland (Crown Proceedings) Order 1949 M33 U.K.

Marginal Citations

M33 S.I. 1949/1836.

In Article 3(3) for the words from the beginning to “1897” substitute the words “The expression “rules of court” shall mean rules made under section 55 of the Judicature (Northern Ireland) Act 1978”.

The Prosecution of Offences (Northern Ireland) Order 1972 M34 U.K.

Marginal Citations

M34 S.I. 1972/538 (N.I. 1).

In Article 4(10)(a), before the words “any county court or” insert the words “the Crown Court or in”.

In Article 5(1)(g) for the words “certiorari, mandamus, prohibition or other prerogative order or injunction” substitute the words “judicial review”.

The Health and Personal Social Services (Northern Ireland) Order 1972 M35 U.K.

Marginal Citations

M35 S.I. 1972/1265 (N.I. 14).

In paragraph 4 of Schedule 11 Part I, for the words “Supreme Court” substitute the words “Court of Appeal”.

The Juries (Northern Ireland) Order 1974 M36 U.K.

Marginal Citations

M36 S.I. 1974/2143 (N.I. 6)

In Article 2(2) for the definition of “the Juries Officer” substitute the following definitions—

• “division” means a county court division within the meaning of the County Courts Act (Northern Ireland) 1959;

• “the Juries Officer” in relation to a division means such officer of the Northern Ireland Court Service as the Lord Chancellor may designate to be the Juries Officer for that division.

  In Article 4(2) for the words from the beginning to “area who” substitute the words “The Chief Electoral Officer shall arrange to be sent to the Juries Officer for each division a list of those Persons selected who reside in the division and the Juries Officer”.

  In Article 4(3)(b), (6) (where it first occurs) and 9(c) and Article 5(3) for the word “area” substitute the word “division”.

  In Article 4(4) and (5) for the words “Area Provisional Jurors List” substitute the words “list referred to in paragraph (2)”.

  In Articles 4(5), (6) and (7) and 5(3) and (4) for the word “Area” wherever it occurs substitute the word “Divisional”.

  In Schedule 2—

(a)

at the end of the entry relating to officers of the Northern Ireland Office add the words “and officers of the Lord Chancellor’s Office certified by the Lord Chancellor to be so engaged”.

(b)

after that entry insert—

“Members of the Northern Ireland Court Service.”;

(c)

after the entry relating to members and staff of the Police Authority for Northern Ireland insert—

“Members and staff of the Police Complaints Board for Northern Ireland”;

(d)

after the entry relating to persons in the Northern Ireland Civil Service insert—

“The Chief Electoral Officer for Northern Ireland and persons appointed to assist him.”

F14 . . .

Textual Amendments

F14 Entry relating to Administration of Justice (Northern Ireland) Order 1975 repealed by S.I. 1980/397 (N.I. 3), Sch. 3

The Treatment of Offenders (Northern Ireland) Order 1976 M37 U.K.

Marginal Citations

M37 S.I. 1976/226 (N.I. 4).

In Articles 2(3), 5(3)(a), 9(3)(b), 9(5), 9(7), 10(2)(b), 10(3), 14(6), 15(1) and 15(3) for the words “a court of assize or county court” wherever they occur substitute the words “the Crown Court”.

In Article 3(4) for the words “a court of assize or county court” substitute the words “the Crown Court”.

In Article 3(5) for the words “a court under paragraph (4), that court” substitute the words “under paragraph (4), the Crown Court”.

In Article 5(1)(b) for the words “or county borough” substitute the words “court division”.

In Article 5(3)(b) for the words “the court referred to in sub-paragraph (a)” substitute the words “the Crown Court”.

In Article 5(4) for the words “such court of assize or county court as it considers convenient” substitute the words “the Crown Court”.

In Articles 9(3)(b), 9(4), 10(2) and 10(3) for the words “the court of assize or county court, as the case may be” wherever they occur substitute the words “the Crown Court”.

In Article 9(4) for the words “that court of assize or county court” substitute the words “the Crown Court”. F15 . . .

Textual Amendments

F15 Entry relating to Treatment of Offenders (Northern Ireland) Order 1976, art. 14 repealed by S.I. 1989/1344 (N.I. 15), art. 14(2), Sch. 2

In Article 15(3) for the words “the court of assize or county court” substitute the words “the Crown Court” and for the words “the court of assize or county court, as the case may be” substitute the words “that court”.

The Solicitors (Northern Ireland) Order 1976 M38 U.K.

Marginal Citations

M38 S.I. 1976/582 (N.I. 12).

F16 . . .

Textual Amendments

F16 Entry relating to Solicitors (Northern Ireland) Order 1976, articles 15(1), 37(2), 64(1)(a) and 64(2) repealed by S.I. 1989/1343 (N.I. 14), art. 27(3), Sch. 4

In Article 75(3) for the words “section 7 of the Northern Ireland Act 1962” substitute “section 55 of the Judicature (Northern Ireland) Act 1978”.

In Article 81(a) for the words “the Court of Criminal Appeal” substitute the words “the Crown Court”.

The Sexual Offences (Northern Ireland) Order 1978 M39 U.K.

Marginal Citations

M39 S.I. 1978/460 (N.I. 5).

In Articles 6(2) and 8(3) for the words “county court or the High Court” substitute the words “Crown Court”.

In Articles 6(4) and 7(2) for the words “Court of Criminal Appeal” wherever they occur substitute the words “Court of Appeal”.