SCHEDULES
SCHEDULE 5Functions under legislation relating to Northern Ireland
Part 1Amendments
County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))
48
The County Courts (Northern Ireland) Order 1980 is amended as follows.
49
In Article 2 (interpretation), in paragraph (5) omit“on the Lord Chancellor”.
50
In Article 3 (county courts to be held for divisions), in paragraph (1) after “Lord Chancellor may” insert “
, after consultation with the Lord Chief Justice,
”
.
51
In Article 4 (directions as to holding of courts), for “Lord Chancellor” in each place substitute “
Lord Chief Justice
”
.
52
In Article 5 (directions for courts to sit otherwise in courthouses), for “Lord Chancellor” substitute “
Lord Chief Justice
”
.
53
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
”
.
54
In Article 7 (additional and extraordinary sittings), in paragraphs (1) and (2) for “Lord Chancellor” substitute “
Lord Chief Justice
”
.
55
In Article 22 (power to increase civil jurisdiction of county courts), after “Lord Chancellor may” insert “
, after consultation with the Lord Chief Justice,
”
.
56
In Article 46 (as amended by section 73(2) of the Justice (Northern Ireland) Act 2002), in paragraph (1)(a) for “Lord Chancellor” substitute “
Lord Chief Justice
”
.
57
In Article 47 (making of county court rules) for paragraphs (2) and (3) substitute—
2
County court rules must be certified under the hand of the members of the Rule Committee, or any three or more of them.
3
After making and certifying county court rules the Rules Committee must submit them to the Lord Chancellor.
4
The Lord Chancellor must, after consultation with the Lord Chief Justice, allow or disallow county court rules submitted to him.
5
County court rules have effect only if the Lord Chancellor allows them.
6
If the Lord Chancellor disallows county court rules, the Lord Chancellor must give the Rules Committee written reasons why he has disallowed them.
7
County court rules allowed by the Lord Chancellor shall come into operation on such day as the Lord Chancellor shall direct.
8
Paragraph (9) applies if the Lord Chancellor gives the Rules Committee written notice that he thinks it is expedient for county court rules to include provision that would achieve a purpose specified in the notice.
9
The Rules Committee must make such county court rules as it considers necessary to achieve the specified purpose.
10
Those rules must be—
a
made within a reasonable period after the Lord Chancellor gives notice under paragraph (8);
b
made in accordance with this Article.
58
In Article 56 (swearing of affidavits before designated court officer), in subsection (1) for “Lord Chancellor” substitute “
Lord Chief Justice
”
.
59
In Article 58 (furnishing of information by certain officers), at the end insert “
and furnish to the Lord Chief Justice such information as may be prescribed or required by the Lord Chief Justice.
”