Judicature (Northern Ireland) Act 1978

[1959 c. 25 (N.I.).] The County Courts Act (Northern Ireland) 1959

In section 3(1) after the word " shall" insert the words " except where the Lord Chancellor otherwise directs ".

For section 5 substitute—

“5 Additional and extraordinary sittings.

(1) The Lord Chancellor may, where he considers it expedient to do so for the purpose of avoiding extra- delay in the administration of justice, give directions for the holding of sittings of the county court in addition to the ordinary sittings fixed under this Act.

(2) Subject to county court rules and to any directions given by the Lord Chancellor under section 2 or subsection (1), a judge may, in addition to the ordinary sittings, sit at any other time or times for the hearing of any proceedings where he is satisfied that such additional sitting is necessary or expedient for the doing of justice between the parties.”.

In section 6(2) for the words from " from hearing " to the end substitute the words " or circuit registrar from hearing and determining any civil action which he is authorised by any enactment or by county court rules to hear and determine ".

In section 6(4)(a) for the words " for which he acts as judge " substitute the words " to which he is assigned under section 102 ".

In section 33(3)(a) for the words "Registrar of the Supreme Court " substitute the words " Master (Queen's Bench and Appeals) ".

In section 36 for the words from " tried " to the end substitute the words " tried at some other place in the same division or in any other division, he may order those proceedings to be transferred to a court sitting at such other place, and they shall be heard and determined by that court accordingly ".

In section 38 for the words " section sixteen of the Summary Jurisdiction Act (Northern Ireland) 1953 " substitute the words " section 85 of the Magistrates' Courts Act (Northern Ireland) 1964 ".

In section 55 in subsection (1) for the words " under rule (3) of section twenty-seven of the Supreme Court of Judicature Act (Ireland) 1877 " substitute the words " to a third or subsequent party or to a defendant seeking contribution or indemnity ".

For section 63 substitute—

“63 Interest.

In determining for the purposes of any provision of this Act whether an amount exceeds, or is less than, a sum specified in that provision, no account shall be taken of the power exercisable by virtue of section 17 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937 (interest on debts and damages) or of any order made in the exercise of such power.”.

In section 71(3) at the end add the words " or by a circuit registrar ".

In section 105—

(a) for subsection (1) substitute—

“(1) Subject to subsection (1A), the Lord 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 the 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 purpose of defraying his travelling and subsistence expenses, such sum as appears reasonable.”.

In section 114—

(a) in subsection (1) for the words " county court rules " substitute the words " directions given by the Lord Chancellor ";

(b) in subsection (2) for the words from "by the Ministry" to the end substitute the words " by the Lord Chancellor with the approval of the Minister for the Civil Service ".

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" wherever 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 " wherever 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 of health, 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 " Ministry 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 ".

In section 142(1) for the words from "the clerk of the Crown and peace " to the end substitute the words " a circuit registrar, a commissioner for oaths, a justice of the peace or any officer of the court designated for the purpose by the Lord Chancellor ".

In section 144 for the word "Ministry" where it twice occurs substitute the words " Lord Chancellor ".

In section 145(1) for the words " the prescribed officer" substitute the words " an officer of the court designated by the Lord Chancellor ".

In section 146—

(a) in subsections (2) and (6) for the word "Minister" substitute the words " Lord Chancellor ";

(b) for subsection (3) substitute—

“(3) For the purposes of or in relation to any jurisdiction exercisable by county courts, any such rules and orders as are referred to in section 21(1) and (2) of the Interpretation Act or section 147 of this Act may—

(a) be made by the Rules Committee in accordance with the following provisions of this section ; and

(b) be known respectively as " county court rules " and " county court orders ".”;

(c) in subsection (7) for the word " Ministry " substitute the words " Lord Chancellor ";

(d) for subsection (10) substitute—

“(10) County court rules and county court orders made by the Rules Committee shall—

(a) be certified under the hand of the members of the Rules Committee, or any three or more of them ; and

(b) when certified under paragraph (a), be submitted to the Lord Chancellor who, after consultation with the Lord Chief Justice, may allow, disallow or alter them.

(11) County court rules and county court orders made by the Rules Committee, as allowed or altered by the Lord Chancellor, shall come into operation on such date as the Lord Chancellor may direct.”.

In section 147—

(a) for the words " make recommendations to the Minister with respect" substitute the words " make county court rules and county court orders with respect ";

(b) at the end of paragraph (b)(ii) add the words " or by a circuit registrar. ".

In section 152(1) in the definition of " judge " for the words " for a division under this Act" substitute the words " under section 102 ".

In Part III of Schedule 2—

(a) in paragraph 1, for the words from "provided by" to the end substitute the words " provided by the Parliament of the United Kingdom ";

(b) in paragraph 2, for the words from " payable" to " derivative " substitute the words " payable out of the Consolidated Fund of the United Kingdom, the derivative ";

(c) in paragraph 3(1) for the words from " paid into " to the end substitute the words " paid into the Consolidated Fund of the United Kingdom ";

(d) in paragraph 3(2) for the words from " payments out" to " will secure " substitute the words " payments out of the Consolidated Fund of the United Kingdom or out of moneys provided by the Parliament of the United Kingdom and payments into the Consolidated Fund of the United Kingdom as will secure ".