Judicature (Northern Ireland) Act 1978

Part I U.K. General

1 (1) Proceedings instituted or being carried on heretofore in a court mentioned in the first column of the Table below or in or before any division, judge, office or officer of any such court may hereafter be continued and determined before the court specified opposite such court in the second column of that Table or in or before the appropriate division, judge, office or officer of that court; and any order, writ, summons, warrant, recognizance, notice, grant of legal aid, process, proceeding or document relating to or affecting such proceedings shall have effect accordingly.

(2) Nothing in sub-paragraph (1) affects the power of any court mentioned in the second column of the Table below to make any order in the proceedings which it is otherwise authorised to make.

Table

First column	Second column
1.The Supreme Court of Judicature of Northern Ireland.	The Supreme Court.
2.Her Majesty’s Court of Appeal in Northern Ireland.	The Court of Appeal.
3.The Court of Criminal Appeal in Northern Ireland.	The Court of Appeal.
4.Her Majesty’s High Court of Justice in Northern Ireland sitting otherwise than as a court of assize.	The High Court.

2 U.K. Any order or appointment made, direction or authority given or thing done which—

(a) was heretofore in force with respect to any property under the control or management of the Lord Chief Justice or the High Court or any division, judge, office or officer thereof; and

(b) could have been made, given or done under any provision of this Act if that provision had been in force at the material time;

shall continue to have effect as if made, given or done under that provision.

3 U.K. Every rule of court made or deemed to have been made under section 7 of the M1 Northern Ireland Act 1962 and not revoked before the commencement of section 55 shall have effect as if made under that section and may be varied or revoked accordingly.

Marginal Citations

M1 1962 c. 32.

4 U.K. General orders made by the Lord Chief Justice under section 118 of the M2 Lunacy Regulation (Ireland) Act 1871 which were in force immediately before the commencement of section 28 shall be deemed to be rules of court and shall continue in force until amended or revoked by such rules.

Marginal Citations

M2 1871 c. 22.

5 U.K. All forms and methods of civil and criminal procedure and practice which were heretofore in force in the High Court of Justice in Northern Ireland, the Court of Appeal in Northern Ireland or the Court of Criminal Appeal, and which are not inconsistent with this Act or with the rules of court, may continue to be used in the High Court and the Court of Appeal in the cases and for the purposes in and for which they were used heretofore but with such modifications as may appear necessary in consequence of this Act.

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

(a) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any person heretofore holding office or serving in or in connection with—

(i) a court mentioned in the first column of the Table mentioned in paragraph 1 shall except as provided by Part VI of this Act or Part III of this Schedule, continue in corresponding office or service in or in connection with the court specified opposite that court in the second column of that Table as if he had been appointed under sub-paragraph (a) upon the terms and conditions on which he heretofore held office or served;

(ii) county courts, magistrates’ courts, the Enforcement of Judgments Office or coroners’ courts shall continue to do so as if he had been appointed under sub-paragraph (a) upon the terms and conditions on which he heretofore held office;

(iii) county courts shall be deemed to be an officer of the Crown Court.

Textual Amendments

F1 Sch. 6 para. 6(a) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 146, 148(1), Sch. 5 para. 40(2), Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 12(a), 30(c)

7 U.K. In so far as any instrument made or other thing done under a statutory provision repealed by this Act could have been made or done under a corresponding provision of this Act then it shall on the commencement of the relevant provision of this Act have effect as if done under that provision.

8 U.K. Until the issue of commissions of the peace by virtue of section 103 any person authorised to act as a justice of the peace in any county or county borough which includes the whole or any part of a county court division shall be deemed to be a justice of the peace duly appointed to a commission issued for that division under that section.

9 U.K. Until an order under section 68(3) comes into force in relation to any place in which heretofore there was established a district probate registry, that registry shall continue in existence and—

(a) shall be deemed to be a branch office of the Probate and Matrimonial Office;

(b) may transact such of the business of that Office as may be specified in directions given by the Lord Chancellor [F2 after consultation with the Lord Chief Justice]; and

(c) may be placed under the supervision of a circuit registrar.

Textual Amendments

F2 Words in Sch. 6 para. 9(b) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 40(3); S.I. 2006/1014, {art. 2(a), Sch. 1 para. 12(a)}

[F3 9A U.K. The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 9—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).]

Textual Amendments

F3 Sch. 6 para. 9A inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 40(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

10 U.K. This Part and Parts II and III of this Schedule apply subject to the express provisions of this Act.