Judicature (Northern Ireland) Act 1978 (c. 23)

Part V U.K. Practice, Procedure and Trials

56 Control and publication of rules. U.K.

[F1 (1) Rules made by the Rules Committee—

(a) in the case of rules that are required under section 55A to be submitted to the Lord Chancellor, are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 applies accordingly; and

(b) in the case of rules that are required under section 55A to be submitted to the Department of Justice, are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.]

(2) The Rules Committee shall not, except with the concurrence of the Treasury, make a rule which may involve an increase in expenditure out of public funds; but the validity of such a rule shall not, in any proceedings in any court, be called in question either by the court or by any party to the proceedings on the ground only that the Treasury did not concur or are not expressed to have concurred in the making of the rule.

[F2 (2A) Rules made by the Rules Committee shall be statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979.]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) Such of the joint secretaries to the Rules Committee as the Lord Chancellor may designate shall, in relation to rules of court, be the responsible officer within the meaning of [F4 Articles 5 and 7 of the Statutory Rules (Northern Ireland) Order 1979].

Textual Amendments

F1 S. 56(1) substituted (13.5.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), s. 28(4), Sch. para. 1

F2 S. 56(2A) inserted by Administration of Justice Act 1982 (c. 53, SIF 38), Sch. 8 para. 5

F3 S. 56(3) repealed by S.I. 1979/1573 (N.I. 12), art. 11(2), Sch. 5

F4 Words substituted by S.I. 1979/1573 (N.I. 12), Sch. 4 para. 23

Modifications etc. (not altering text)

C1 S. 56 excluded (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 11(5), Sch. para. 3(7)(b)

C2 S. 56 excluded (27.11.2008) by Counter-Terrorism Act 2008 (c. 28), ss. 72(6)(b), 100(2) (with s. 101(2))

C3 S. 56(1)(2)(4) excluded (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), ss. 29(9)(b), 55(1) (with s. 44)

C4 S. 56(1)(2) excluded (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 4 para. 7(8)(b) (with Sch. 8)

C5 S. 56(1)(2)(4) excluded (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 3 para. 3(9)(b); S.I. 2013/1482, art. 2 (with arts. 3, 4)

C6 S. 56(2) transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(4)(b) (with arts. 15(6), arts. 28-31)

C7 S. 56(4) 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(f) (with arts. 28-31)

C8 S. 56(4) excluded (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 4 para. 7(8)(b) (with Sch. 8)