Judicature (Northern Ireland) Act 1978

[F1 55A Making of rules of Court U.K.

(1) It is for the Rules Committee to make rules under section 55(1) or (2).

[F2 (1A) For the purposes of this section, “relevant authority” means—

(a) in relation to rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and

(b) otherwise, the Department of Justice;

and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.]

(2) After making such rules the Rule Committee must submit them to the [F3 relevant authority].

(3) The [F3 relevant authority] must allow or disallow rules submitted to [F4 it].

(4) Rules submitted to the [F3 relevant authority] have effect only if allowed by [F4 it].

(5) If the [F3 relevant authority] disallows rules submitted to [F4 it], [F4 it] must give the Committee written reasons why [F5 it] has disallowed them.

(6) Subsection (7) applies if the [F3 relevant authority] gives the Rules Committee written notice that [F5 it] thinks it is expedient for rules under section 55(1) or (2) to include provision that would achieve a purpose specified in the notice.

(7) The Rules Committee must make such rules as it considers necessary to achieve the specified purpose.

(8) Those rules must be—

(a) made within a reasonable period after the [F3 relevant authority] gives notice under subsection (6);

(b) made in accordance with this section.]

Textual Amendments

F1 S. 55A inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 30; S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

F2 S. 55A(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 15(a) (with arts. 28-31)

F3 Words in s. 55A substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 15(b) (with arts. 28-31)

F4 Word in s. 55A(3)(4)(5) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 15(c) (with arts. 28-31)

F5 Words in s. 55A(5)(6) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 15(d) (with arts. 28-31)

Modifications etc. (not altering text)

C1 S. 55A transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 17 para. 6(e) (with arts. 28-31)