SCHEDULES

SCHEDULE 5 Transfer of functions to Lord Chief Justice

Section 12

1County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

In section 102(2) and (4) of the County Courts Act (Northern Ireland) 1959 (county court judges to sit in accordance with directions and to be assigned to divisions), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

2Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))

In section 9(3) and (5) of the Magistrates’ Courts Act (Northern Ireland) 1964 (resident magistrates to sit in accordance with directions and to be assigned to districts), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

3Judicature (Northern Ireland) Act 1978 (c. 23)

The Judicature (Northern Ireland) Act 1978 has effect subject to the following amendments.

4

In section 7(1) and (2) (request to serving or retired law lord or retired judge of Court of Appeal or High Court to sit as judge of Court of Appeal or High Court and request to county court judge to sit as judge of High Court), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

5

1

Section 47 (Crown Court: directions as to judges and sittings) is amended as follows.

2

In subsection (2)—

a

for “Lord Chancellor”, in the first place, substitute “ Lord Chief Justice ”, and

b

for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

3

In subsection (3), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

6

In section 48(1)(c) (magistrates’ court to have regard to directions under section 47(2) when committing person for trial), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

7

In section 53(1)(c) and (d) (membership of Crown Court Rules Committee), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

8

In section 58(2) (directions as to places outside Royal Courts of Justice at which High Court and Court of Appeal sit and conduct business), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

9

In section 60(1) (power to designate officer to exercise jurisdiction in relation to taxation of costs), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

10

In section 68(2)(b) and (4) (directions as to discharge of functions by statutory officers), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

11

In section 75(2)(b) (directions conferring or imposing functions on Official Solicitor), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

12County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))

The County Courts (Northern Ireland) Order 1980 has effect subject to the following amendments.

13

In Article 4 (directions as to holding of courts), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

14

In Article 5 (directions authorising sittings otherwise than in courthouses), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

15

1

Article 6 (appointment of days for holding of ordinary sittings) is amended as follows.

2

In paragraph (1), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

3

In paragraph (2), for “Lord Chancellor shall consult the Lord Chief Justice and” substitute “ Lord Chief Justice shall consult ”.

16

In Article 7(1) and (2) (additional and extraordinary sittings), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

17

In Article 46(1)(a) (chairman of County Court Rules Committee) (as substituted by section 73 of this Act), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

18

In Article 56(1) (swearing of affidavits before designated court officer), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

19

In Article 58 (furnishing of information by certain officers), insert at the end “and furnish to the Lord Chief Justice such information as may be prescribed or required by the Lord Chief Justice.”

20Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

The Magistrates’ Courts (Northern Ireland) Order 1981 has effect subject to the following amendments.

21

In Article 12(a) (petty sessions to be held in courthouse unless otherwise directed), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

22

1

Article 13 (Magistrates’ Courts Rules) is amended as follows.

2

In paragraph (2), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

3

In paragraph (5), after “member of the committee” insert “ as the Lord Chief Justice shall designate. ”

23

In Article 15(2) (assignment of matters to juvenile courts by rules), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

24Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))

1

Article 360 of the Insolvency (Northern Ireland) Order 1989 (committee to review insolvency rules) is amended as follows.

2

In paragraph (1), for “continue to be a committee appointed by the Lord Chancellor” substitute “ be a committee appointed by the Lord Chief Justice ”.

3

In paragraph (2)(f), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

25Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))

1

Paragraph 2 of Schedule 2 to the Family Law (Northern Ireland) Order 1993 (Northern Ireland Family Proceedings Rules Committee) is amended as follows.

2

In sub-paragraph (c), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

3

In sub-paragraph (f), for “Lord Chancellor” substitute “ Lord Chief Justice ”.