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Northern Ireland Act 1962

Status:

This is the original version (as it was originally enacted).

Section 7.

FIRST SCHEDULEAmendments of Enactments and Order in Council consequential on Section 7

PART IEnactments amended

Enactments of the Parliament of the United Kingdom

EnactmentAmendment
The Evidence (Ireland) Act, 1815 (55 Geo. 3. c. 157).

For section seven there shall be substituted the following section:—

7Rules for the purposes of this Act may be made under section seven of the Northern Ireland Act, 1962

The Irish Bankrupt and Insolvent Act, 1857 (20 & 21 Vict. c. 60).For any reference to a general order by the Court there shall be substituted a reference to rules made under section seven of this Act.
The Probates and Letters of Administration Act (Ireland), 1857 (20 & 21 Vict. c. 79).In section thirty-four, for the words " the rules or orders to be from time to time made under this Act", there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
In section thirty-six, for the words " the regulations to be established by such rules and orders as aforesaid" there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
In section fifty-five, for the words " any rules or orders to be made in that behalf" there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ", and for the words " any rules or orders under this Act" there shall be substituted the words " any such rules ".
In section fifty-seven, for the words " (subject to any rules or orders under this Act)" there shall be substituted the words " (subject to any rules made under section seven of the Northern Ireland Act, 1962) ".
In section seventy-one, for the words " the rules and orders under this Act", there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
In section seventy-three, for the words " as the Court of Probate shall from time to time by rule or order direct" there shall be substituted the words " as may be prescribed by rules made under section seven of the Northern Ireland Act, 1962 ".
The Evidence by Commission Act, 1859 (22 Vict. c. 20).In section six, the words " and for the Lord Chancellor of Ireland with the assistance of two of the Judges of the Courts of Common Law at Dublin, so far as relates to Ireland " shall be omitted and at the end thereof there shall be added the words " and so far as relates to Northern Ireland rules may be made under section seven of the Northern Ireland Act, 1962, for the like purposes ".
The Law of Property Amendment Act, 1860 (23 & 24 Vict. c. 38).

For section ten there shall be substituted the following section:—

10Rules may be made under section seven of the Northern Ireland Act, 1962, providing for the investment of cash under the control of the High Court in such stocks, funds or securities as may be prescribed by the rules

The Debtors Act (Ireland), 1872 (35 & 36 Vict. c. 57).In section ten, for the words from " As respects" (where first occurring) to " 1867" there shall be substituted the words " As respects the High Court, prescribed by rules made under section seven of the Northern Ireland Act, 1962 ", and for the words from "And general rules " to " carrying into effect this part of this Act" there shall be substituted the words " And rules may be made under the said section seven for the purpose of carrying into effect this part of this Act ".
The Bankruptcy (Ireland) Amendment Act, 1872 (35 & 36 Vict. c. 58).In section fifteen, for the words " as the Court shall by general order from time to time direct" there shall be substituted the words " as may be specified in rules made by virtue of this Act ".
In section nineteen, for the words " general orders" there shall be substituted the words " rules made by virtue of this Act ", and for the words " any general order under this Act" there shall be substituted the words " rules made by virtue of this Act ".
In section fifty-seven, for the words " any general order to be made in pursuance of this Act" there shall be substituted the words " rules made by virtue of this Act ".
In section one hundred and twenty-four, for the words from the beginning to " Lord Chancellor " there shall be substituted the words " Rules may be made u nder section seven of the Northern Ireland Act, 1962, for the effectual execution of this Act ", for the words " Any general rules made as aforesaid " there shall be substituted the words " Rules so made for the purpose aforesaid " and the words from " and any rules " (where first occurring) to "judicially noticed" shall be omitted.
The Settled Estates Act, 1877 (40 & 41 Vict. c. 18).

For section forty-two, there shall be substituted the following section:—

42Rules may be made under section seven of the Northern Ireland Act, 1962, for carrying into effect the purposes of this Act and for regulating the fees and allowances to all officers and solicitors of the Court in respect of the matters to which this Act relates.

The Supreme Court of Judicature Act (Ireland), 1877 (40 & 41 Vict. c. 57).

In section three, for the definition of " Rules of Court", there shall be substituted the following definition:—

  • ' Rules of Court ' means rules made under section seven of the Northern Ireland Act, 1962.

In section twenty-four, for the words from " and to such rules " to " pursuant to this Act" there shall be substituted the words " and to any rules of court for regulating the terms and conditions on which such appeals shall be allowed ".
In section twenty-six, for the words from " or by such rules " to " orders of court " (where secondly occurring) there shall be substituted the words " or by rules of court; and where no special provision is contained in this Act or in such rules ".
In section forty-eight, in the proviso, for the words " any rule made under its provisions" there shall be substituted the words " any rule of court " .
In section sixty the word " general " shall be omitted.
In section sixty-five the words " to be made under and by virtue of this Act " shall be omitted.

For section sixty-six, there shall be substituted the following section:—

66Nothing in this Act and, subject as hereafter in this section expressly provided, nothing in rules of court, shall affect the mode of giving evidence by the oral examination of witnesses in trials by jury, or the rules of evidence, or the law relating to jurymen or juries:

Provided that nothing in this section shall—

(a)prejudice the operation of any rules made by virtue of paragraph (f) of subsection (1) of section seven of the Northern Ireland Act, 1962; or

(b)affect the power of the court for special reasons to allow depositions or affidavits to be read "..

The Telegraph Act, 1878 (41 & 42 Vict. c. 76).In section four, in subsection (3), the words from " and as respects " onwards shall be omitted.
The Bills of Sale (Ireland) Act, 1879 (42 & 43 Vict. c. 50).

In section four, for the definition of " prescribed ", there shall be substituted the following definition:—

  • ' prescribed ' means prescribed by rules made by virtue of this Act.

For section twenty-one, there shall be substituted the following section:—

21Rules may be made under section seven of the Northern Ireland Act, 1962, for prescribing anything which by this Act is required or authorised to be prescribed.

The Conveyancing Act, 1881 (44 & 45 Vict. c. 41).

For subsection (5) of section seventy-two, there shall be substituted the following subsection:—

(5)In subsection (5) of section forty-eight, for the reference to general rules there shall be substituted a reference to rules under section seven of the Northern Ireland Act, 1962.

The Settled Land Act, 1882 (45 & 46 Vict. c. 38).In section sixty-five, in subsection (3), for the words from " but General Rules" onwards there shall be substituted the words " but rules may be made under section seven of the Northern Ireland Act, 1962, directing that those matters or any of them be assigned to the Chancery judge " , and subsection (5) shall be omitted.
The Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51).

Section fifty-six shall, in its application to Northern Ireland, have effect as if in subsection (1) for the words " Subject to any rules of court " there were substituted the words " Subject to any rules having effect by virtue of subsection (2) of this section " , and for subsection (2), there were substituted the following subsection :—

(2)Rules for the purposes of this Act, the Parliamentary Elections Act, 1868, and the Acts amending the same may be made under section seven of the Northern Ireland Act, 1962.

The Guardianship of Infants Act, 1886 (49 & 50 Vict. c. 27).Section nine shall, in its application to Northern Ireland, have effect with the omission of the words " in such manner as may be prescribed by Rules of Court ".
Section ten shall, in its application to Northern Ireland, have effect with the substitution, for the words " any rules of court made after the passing of this Act " , of the words " any rules made under section seven of the Northern Ireland Act, 1962 ".
In section eleven, in paragraph (a), the words " or Ireland " shall be omitted.
The Land Law (Ireland) Act, 1887 (50 & 51 Vict. c. 33).In section thirty-three, subsection (1) shall be omitted.
In section thirty-four, in the definition of " prescribed", for the words " rules made under the Supreme Court of Judicature Act (Ireland), 1877, as amended by this or any other Act" there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
The Deeds of Arrangement Act, 1887 (50 & 51 Vict. c. 57).

For section eighteen, there shall be substituted the following section:—

18Rules may be made under section seven of the Northern Ireland Act, 1962, for the purpose of carrying this Act into effect.

The Railway and Canal Traffic Act, 1888 (51 & 52 Vict. c. 25).In the application to Northern Ireland of section seventeen, subsection (3) shall be omitted.
The Supreme Court of Judicature (Ireland) Amendment Act, 1888 (51 & 52 Vict. c. 27).In section two, for the words " by rules of court" there shall be substituted the words " by virtue of this Act ".
In section three, the words from " by the authority " onwards shall be omitted.

After section three there shall be added the following section:—

4In this Act " rules of court" means rules made under section seven of the Northern Ireland Act, 1962.

The County Court Appeals (Ireland) Act, 1889 (52 & 53 Vict. c. 48).

In section eighteen, for subsection (lj there shall be substituted the following subsection :—

(1)In this Act the expression ' prescribed ' means prescribed by rules made under section seven of the Northern Ireland Act, 1962,

and subsections (3) and (5) shall be omitted.

The Deeds of Arrangement Amendment Act, 1890 (53 & 54 Vict. c. 24).

For section three, there shall be substituted the following section:—

3Rules may be made under section seven of the Northern Ireland Act, 1962, for the purpose of carrying this Act into effect.

The Purchase of Land (Ireland) Act, 1891 (54 & 55 Vict. c. 48).In section twenty-five, the words " in the manner prescribed by rules of the High Court" shall be omitted.
The Colonial Probates Act, 1892 (55 & 56 Vict. c. 6).In the application to Northern Ireland of subsection (5) of section two, the expression " rules of court " shall be construed as referring to rules made under section seven of this Act.
The Finance Act, 1894 (57 & 58 Vict. c. 30).Subsection (1) of section ten shall, in its application to Northern Ireland, have effect with the omission of the words " within the time and in the manner and on the conditions directed by rules of court".
The Life Insurance Companies (Payment into Court) Act, 1896 (59 & 60 Vict. c. 8).In the application of the Act to Northern Ireland, the references in sections three and four to rules of court shall be construed as referring to rules made under section seven of this Act.
The Supreme Court of Judicature (Ireland) (No. 2) Act, 1897 (60 & 61 Vict. c. 66).In section three, in subsection (2), the words from " and all rules and orders " onwards shall be omitted.
In section four, in subsections (5), (6) and (7), for the words " rules of court " there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
The Local Government (Ireland) Act, 1898 (61 & 62 Vict. c. 37).In section five, in subsection (4), for the words " rules of court" there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 " , and the references, in subsection (7), to rules of court shall, in the application of that subsection to proceedings in the High Court, be construed as references to rules made for the purposes of that section under section seven of this Act.
The Open Spaces Act, 1906 (6 Edw. 7. c. 25).In section four, subsection (3) shall, in its application to an application to the High Court, have effect with the omission of the words " in manner directed by rules of court".
The Merchant Shipping Act, 1906 (6 Edw. 7. c. 48).Subsection (1) of section sixty-eight shall, in its application to Northern Ireland, have effect with the omission of the words " in such manner and subject to such conditions and provisions as may be provided by rules of court".
The Town Tenants (Ireland) Act, 1906 (6 Edw. 7. c. 54).In section eleven, the words " in accordance with rules of the Supreme Court" (in both places where they occur) shall be omitted.
The Finance (1909-10) Act, 1910 (10 Edw. 7 & 1 Geo. 5. c. 8).

Section thirty-three shall have effect as if—

(a)

in subsection (4) the words from "within the time" to "duty claimed " were omitted;

(b)

after that subsection there were inserted the following subsection—

(4A)Rules may be made under section seven of the Northern Ireland Act, 1962, for enabling the High Court to require, in the case of an appeal thereto under this section, the payment of, or the giving of security for, any duty claimed.

The Maritime Conventions Act, 1911 (1 & 2 Geo. 5. c. 57).In the application of section eight to the High Court the reference to the rules of court shall be construed as referring to rules made for the purposes of that section under section seven of this Act.
The Trade Union Act, 1913 (2 & 3 Geo. 5. c. 30).Subsection (4) of section two shall, in its application to Northern Ireland, have effect with the omission of the words from " within the time " onwards.
The Sex Disqualification (Removal) Act, 1919 (9 & 10 Geo. 5. c. 71).In relation to jurors and juries in the Supreme Court, the first reference in section one to rules of court shall be construed as a reference to rules under section seven of this Act and the second reference in the said section one to rules of court shall be construed as a reference to rules made under the said section seven.
The Administration of Justice Act, 1920 (10 & 11 Geo. 5. c. 81).Section nine shall, in its application to Northern Ireland, have effect with the substitution, in subsection (4), for the words " Rules of court shall provide " , of the words " Rules made under section seven of the Northern Ireland Act, 1962, shall provide ".
Section eleven shall, in its application to Northern Ireland, have effect with the substitution, for the words " Provision may be made by rules of court " , of the words " Rules may be made under section seven of the Northern Ireland Act, 1962, providing ".
Subsection (2) of section twelve shall, in its application to Northern Ireland, have effect with the substitution, for the words " rules of court " , of the words " rules made under section seven of the Northern Ireland Act, 1962".
The Criminal Appeal (Northern Ireland) Act, 1930 (20 & 21 Geo. 5. c. 45).In section one, in subsection (9), for the words " Rules of court shall provide for securing " there shall be substituted the words " Provision shall be made by rules made under section seven of the Northern Ireland Act, 1962, for securing ".
In section five, in subsection (1), for the words " rules of court" there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
In section seven, in subsection (1), for the words "in such manner as may be directed by rules of court", there shall be substituted the words " in the prescribed manner ".
In section eight, for the words " in accordance with rules of court ", there shall be substituted the words " in the prescribed manner ".
In section nine, in paragraphs (b) and (d), for the words " in manner provided by rules of court " there shall be substituted the words " in the prescribed manner ".
In section ten, in subsection (1), for the words " Rules of court shall enable ", there shall be substituted the words " Provision shall be made by rules made under section seven of the Northern Ireland Act, 1962, for enabling ".
In section eleven, in subsection (1), for the words " except where rules of court provide " there shall be substituted the words " except where it is provided by rules made under section seven of the Northern Ireland Act, 1962 ".
In section fourteen, in subsection (3), for the words from " in accordance with rules of court" onwards, there shall be substituted the words " in accordance with such provisions as may be prescribed, for such time as may be prescribed, and subject to such power as may be prescribed, for the conditional release of any such documents, exhibits or things from that custody ".
In section fifteen, in subsection (3), for the words " rules of court may make such provision " there shall be substituted the words " such provision may be made by rules under section seven of the Northern Ireland Act, 1962 ".

For section sixteen, there shall be substituted the following section:—

16(1)Rules may be made under section seven of the Northern Ireland Act, 1962, for regulating generally the practice and procedure under this Act and for prescribing anything which by this Act is required or authorised to be prescribed.

(2)The officers of any court before whom an appellant has been convicted, and the governor or other officers of any prison or other officer having the custody of an appellant, and any other officers or persons, shall comply with any rules having effect by virtue of the foregoing subsection so far as they affect those officers or persons, and compliance with such rules may be enforced by order of the Court.

(3)No rule affecting the governor or any other officer of a prison or any officer having the custody of an appellant shall be made under the said section seven by virtue of this Act except after consultation with the Ministry.

In section twenty, after the definitions of " Minister " and " Ministry " there shall be inserted the following definition:—

  • ' prescribed ' means prescribed under section seven of the Northern Ireland Act, 1962, by virtue of section sixteen of this Act.

The Carriage by Air Act, 1932 (22 & 23 Geo. 5. c. 36).Section two shall, in its application to actions brought in the High Court, have effect as if, for the words " rules of court may provide", there were substituted the words " rules may be made under section seven of the Northern Ireland Act, 1962, providing ".
The Foreign Judgments (Reciprocal Enforcement) Act, 1933 (23 & 24 Geo. 5. c. 13).In section thirteen, in paragraph (b), for the words " section sixty-one " there shall be substituted the words " section seven of the Northern Ireland Act, 1962 ".
The Northern Ireland Land Purchase (Winding Up) Act, 1935 (25 & 26 Geo. 5. c. 21).In section two, in subsection (5), the words " and orders " shall be omitted, for the words from " made " (where secondly occurring) to " 1877 " there shall be substituted the words " made under section seven of the Northern Ireland Act, 1962 " , and the words " or orders " shall be omitted.
The Trade Marks Act, 1938 (1 & 2 Geo. 6. c. 22).Section eighteen shall, in its application to proceedings in Northern Ireland relating to trade marks, have effect as if, in subsection (7), for the words from the beginning to " the appeal", there were substituted the words " On an appeal under this section " and, in subsection (8), after the words " in the manner prescribed ", there were inserted the words " by rules made for the purposes of this subsection under section seven of the Northern Ireland Act, 1962 ".
Section thirty-two shall, in its application to such proceedings as aforesaid, have effect as if, in subsection (1), for the words from " may apply " to " the Registrar ", there were substituted the words " may apply to the Court or, at the option of the applicant and subject to the provisions of section fifty-four of this Act, in the prescribed manner to the Registrar ".
In section sixty-eight, in subsection (1), in the definition of " prescribed " after the word " means " there shall be inserted the words " (subject to provisions relating to Northern Ireland) ".
The War Damage Act, 1943 (6 & 7 Geo. 6. c. 21).Section thirty-two shall, in its application to Northern Ireland, have effect as if, in subsection (3), for the references to rules of court, there were substituted references to rules made for the purposes of that subsection under section seven of this Act.
The Pensions Appeal Tribunals Act, 1943 (6 & 7 Geo. 6. c. 39).In the application of subsection (2) of section six to appeals in Northern Ireland the references to rules of court shall be construed as referring to rules made for the purposes of that subsection under section seven of this Act.
The Requisitioned Land and War Works Act, 1945 (8 & 9 Geo. 6. c. 43).In section nineteen, in subsection (2) (as amended by paragraph 7 of the Second Schedule to the Northern Ireland Act, 1947), the words from " Provision may be made " onwards shall be omitted.
The Exchange Control Act, 1947 (10 & 11 Geo. 6. c. 14).In the Fourth Schedule, in paragraph 8, in sub-paragraph (2), for the words from " (i) as respects the High Court" to " 1897 ", there shall be substituted the words " (i) as respects the High Court, under section seven of the Northern Ireland Act, 1962; ".
The Representation of the People Act, 1949 (12, 13 & 14 Geo. 6. c. 68).

In section one hundred and sixty, for subsection (4) there shall be substituted the following subsection:—

(4)Subsections (1) and (2) of this section shall not apply to Northern Ireland, but rules may be made under section seven of the Northern Ireland Act, 1962, for the purposes of Part II and this Part of this Act.

Section one hundred and sixty-three shall, in its application to the interpretation of Part III in its application to Northern Ireland, have effect as if, for the words " ' prescribed ' means prescribed by rules of court" there were substituted the words " ' prescribed ' means prescribed by rules made under section seven of the Northern Ireland Act, 1962 ".
The Patents Act, 1949 (12, 13 & 14 Geo. 6. c. 87).Section twenty-three shall, in its application to proceedings in Northern Ireland, have effect as if, in subsections (2) and (3), for 'the words " prescribed by rules of court ", there were substituted the words " prescribed by rules made under section seven of the Northern Ireland Act, 1962 ".
Section twenty-four shall, in its application to such proceedings as aforesaid, have effect as if, in subsections (4) and (5), for the words " prescribed by rules of court " there were substituted the words " prescribed by rules made under section seven of the Northern Ireland Act, 1962 ".
Section forty-eight shall, in its application to such proceedings as aforesaid, have effect with the omission, from subsection (1), of the words " in such manner as may be prescribed by rules of court ".
Section sixty-one shall, in its application to such proceedings as aforesaid, have effect as if, for the words " rules of court ", there were substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
Section eighty-four shall, in its application to such proceedings as aforesaid, have effect as if, in subsections (1) and (2), for the words " rules of court ", there were substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
The Registered Designs Act, 1949 (12, 13 & 14 Geo. 6. c. 88)Section twenty-seven shall, in its application to proceedings in Northern Ireland, have effect as if, for the words "rules of court ", there were substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
Paragraph 3 of the First Schedule shall, in its application to such proceedings as aforesaid, have effect with the omission, from sub-paragraph (1) thereof, of the words " in such manner as may be prescribed by rules of court ".
The Election Commissioners Act, 1949 (12, 13 & 14 Geo. 6. c. 90).

In section fifteen, for subsection (5), there shall be substituted the following subsection :—

(5)Subsections (1) and (2) of this section shall not apply to Northern Ireland, but rules may be made under section seven of the Northern Ireland Act, 1962, for the purposes of the enactments mentioned in the said subsection (1).

The Arbitration Act, 1950 (14 Geo. 6. c. 27).

For subsection (4) of section forty-two, there shall be substituted the following subsection:—

(4)For subsection (3) of section thirty-eight, there shall be substituted the following subsection:—

(3)Subject to the provisions of this section, rules may be made under section seven of the Northern Ireland Act, 1962, with respect to the evidence which must be furnished by a party seeking to enforce an award under this Part of this Act.

The Income Tax Act, 1952 (15 & 16 Geo. 6 & 1 Eliz. 2. c. 10).Section sixty-four shall, in its application to proceedings in Northern Ireland, have effect as if, in subsection (8), for the words " rules of court" there were substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
The Therapeutic Substances Act, 1956 (4 & 5 Eliz. 2. c 25).In section seventeen, subsection (2) shall be omitted.
The Restrictive Trade Practices Act, 1956 (4 & 5 Eliz. 2. c. 68).Section thirteen shall, in its application to proceedings in Northern Ireland, have effect as if, in subsection (4), for the words " rules of court" there were substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
The Copyright Act, 1956 (4 & 5 Eliz. 2. c. 74).Section thirty shall, in its application to proceedings in Northern Ireland, have effect with the omission, from subsection (2), of the words " within such period as may be prescribed by rules of court".
The Defence Contracts Act, 1958 (6 & 7 Eliz. 2. c. 38).Section four shall, in its application to proceedings in Northern Ireland, have effect with the omission, from subsection (2), of the words " in such manner as may be prescribed by rules of court".
The Tribunals and Inquiries Act, 1958 (6 & 7 Eliz. 2. c. 66).

In section nine, for subsection (7) there shall be substituted the following subsection :—

(7)In relation to any proceedings in Northern Ireland of any of the tribunals referred to in subsection (1) of this section, this section shall have effect with the following modifications, that is to say:—

(a)in subsection (2), for the words from the beginning to " provide " there shall be substituted the words " Rules may be made under section seven of the Northern Ireland Act, 1962, providing ", and for the words " section twenty-seven of the Supreme Court of Judicature (Consolidation) Act, 1925 "there shall be substituted the words " section twenty-four of the Supreme Court of Judicature Act (Ireland), 1877 ";

(b)in subsection (3), for the words " the power to make rules of court shall include power to make rules " there shall be substituted the words " rules may be made under section seven of the Northern Ireland Act, 1962 ";

(c)in subsection (4), for the words from the beginning to " Divisional Court" there shall be substituted the words " Rules made under section seven of the Northern Ireland Act, 1962, relating to such proceedings as aforesaid shall provide that the appeal shall be heard or, as the case may be, the decision of the High Court shall be given by a single judge.

The Administration of Justice Act, 1960 (8 & 9 Eliz. 2. c. 65).Section thirteen shall, in its application to proceedings in Northern Ireland, have effect with the substitution, in subsection (3), for the words " rules of court " , of the words " rules made under section seven of the Northern Ireland Act, 1962 ".
Subsection (1) of section fourteen shall, in its application to proceedings in Northern Ireland, have effect with the substitution, for the words " rules of court " , of the words " rules made under section seven of the Northern Ireland Act, 1962 ".
Subsection (3) of section seventeen shall, in its application to the construction of the Act as it applies to Northern Ireland, have effect with the substitution, for the words " rules of court " , of the words " rules made under section seven of the Northern Ireland Act, 1962 ".

In section eighteen, in subsection (1), for paragraph (b) there shall be substituted the following paragraph:—

(b)empowering the making of rules under section seven of the Northern Ireland Act, 1962, for regulating the procedure and practice of that court.

In the Second Schedule, in Part I, in paragraph 4, the words " Section eighteen " and the words " Section sixteen " shall be omitted.

In the Second Schedule, in Part II, for the entry relating to section nine there shall be substituted the following entry:—

(1)For subsections (1) and (2) there shall be substituted the following subsections:—

(1)Rules may be made under section seven of the Northern Ireland Act, 1962, for the purposes of the foregoing provisions of this Act so far as they relate to the Court of Criminal Appeal in Northern Ireland.

(2)Rules may be made under the said section seven—

(a)for determining the cases in which the powers of the Divisional Court or Court of Appeal under this Act may be exercised by a judge thereof;

(b)for prescribing the persons before whom and the manner in which a recognizance shall be entered into, or other security given, where bail is granted to a person under section four or section five of this Act pending an appeal under section one of this Act from the decision of a Divisional Court or the Court of Appeal, and the manner in which any such recognizance or security may be enforced; and

(c)for authorising the recommittal of any person to whom bail is so granted.

(2)In subsection (3), for the words " rules of court " there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962.

In the Second Schedule, in Part II, in paragraph (3) of the entry relating to section sixteen, for the words from " Without prejudice " to " prescribe " there shall be substituted the words " Rules may be made under section seven of the Northern Ireland Act, 1962, prescribing ", and for the words " may authorise " there shall be substituted the words " for authorising ".
In the Second Schedule, in Part II, at the end of paragraph (1) of the entry relating to section seventeen, there shall be added the words " and for the reference to rules of court there shall be substituted a reference to rules made under section seven of the Northern Ireland Act, 1962 ".
The Carriage by Air Act, 1961 (9 & 10 Eliz. 2. c. 27).Section eight shall, in its application to actions brought in the High Court, have effect as if, for the words " rules of court may provide " there were substituted the words " rules may be made under section seven of the Northern Ireland Act, 1962, providing ".

Enactments of the Parliament of Northern Ireland

The Legitimacy Act (Northern Ireland), 1928 (18 & 19 Geo. 5. c. 5).In section two, in subsection (1), for the words " prescribed by rules of court" there shall be substituted the words " prescribed by rules made under section seven of the Northern Ireland Act, 1962 ".
The Bankruptcy Amendment Act (Northern Ireland), 1929 (20 Geo. 5. c. 1).In section twenty-one, in subsection (1), for the words from the beginning to " 1897 " there shall be substituted the words " Rules may be made under section seven of the Northern Ireland Act, 1962 ", and for the words from " Upon " to the end, there shall be substituted the words " Rules may be made as aforesaid providing for any matters for which provision may be necessary in order to give full effect to this section and prescribing anything which is to be prescribed thereunder ".
The Motor Vehicles and Road Traffic Act (Northern Ireland), 1929 (20 Geo. 5. c. 21).In section seven, in subsection (3), for the words " as may be prescribed by rules of that Court and in accordance with such procedure as may be so prescribed " there shall be substituted the words " as may be prescribed by rules made under section seven of the Northern Ireland Act, 1962 ".
The Planning and Housing Act (Northern Ireland), 1931 (21 & 22 Geo. 5. c. 12).In section forty-seven, in subsection (1), for the words from the beginning to " and applications " there shall be substituted the words " Rules may be made under section seven of the Northern Ireland Act, 1962, designating the division or court by which appeals or applications made to the Supreme Court under this Act are to be heard and determined ".
The Preferential Payments in Bankruptcy Act (Northern Ireland), 1933 (23 & 24 Geo. 5. c.7).In section one, in subsection (12), for the words from the beginning to " rules and orders" there shall be substituted the words " Rules may be made under section seven of the Northern Ireland Act, 1962 ".
The Probates and Letters of Administration Act (Northern Ireland), 1933 (23 & 24 Geo. 5. c. 16).In section three, for the words from the beginning to " this Act" there shall be substituted the words " Provision may be made by rules made, under section seven of the Northern Ireland Act, 1962, for giving effect to this Act ", and for the words " rules of the Supreme Court may be made as aforesaid for providing" there shall be substituted the words " rules made as aforesaid may provide ".
The Motor Vehicles and Road Traffic Act (Northern Ireland), 1934 (24 & 25 Geo. 5. c. 15).In section eighteen, the references to rules of court shall, in the case of applications under that section to the High Court, be construed as referring to rules made under section seven of this Act.
In section twenty-three, subsection (1) shall be omitted.
The Local Government Act (Northern Ireland), 1934 (24 & 25 Geo. 5. c. 22).In section twenty-two, in subsection (2), paragraph (e), shall be omitted.
In the Second Schedule, in paragraph 20, for the words " rules of the Supreme Court" there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ", and the words " in manner provided by those rules " shall be omitted.
The Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935 (25 & 26 Geo. 5. c. 13).In section thirty-one, for the words from the beginning to " cases stated " there shall be substituted the words " Rules may be made under section seven of the Northern Ireland Act, 1962, designating the division or court by which a case stated under this Part of this Act is to be heard and determined ".
The Arbitration Act (Northern Ireland), 1937 (1 Edw. 8 & 1 Geo. 6. c. 8).In section twenty, in subsection (1), for the words " Rules of court may be made " there shall be substituted the words " Rules may be made under section seven of the Northern Ireland Act, 1962 " , and the words from " Upon " onwards shall be omitted.
In section thirty, in subsection (1), the definition of " Rules of court " shall be be omitted.
The Law Reform (Miscellaneous Provisions) Act (Northern Ireland), 1937 (1 Edw. 8 & 1 Geo. 6. c. 9).In section eighteen, in subsection (1), for the words from the beginning to "1897 ", there shall be substituted the words " Provision may be made by rules made under section seven of the Northern Ireland Act, 1962 " , and paragraph (a) shall be omitted.
In section nineteen, in subsection (1), the definition of " prescribed" shall be omitted.
The Evidence Act (Northern Ireland), 1939 (2 & 3 Geo. 6. c. 12).In section six, in subsection (1), in the definition of " rules of court", for the words from "rules of the Supreme Court" to " 1897 ", there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
The Matrimonial Causes Act (Northern Ireland), 1939 (2 & 3 Geo. 6. c. 13).In section twenty-three, in subsection (2), for the words " rules of court" there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".

In section twenty-seven, for subsection (2), there shall be substituted the following subsection:—

(2)Rules may be made under section seven of the Northern Ireland Act, 1962, for prescribing anything which by this Act is to be prescribed.

In section twenty-eight, in subsection (1), for the words " and the rules of court made thereunder" there shall be substituted the words " and of rules made under section seven of the Northern Ireland Act, 1962 ".
In section thirty, in subsection (1), in paragraph (b) of the definition of " High Court ", for the words " rules of court " there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
The Prevention of Fraud (Investments) Act (Northern Ireland), 1940 (4 & 5 Geo. 6. c. 9).In section four, in subsection (3), for the words from the beginning to " 1897 " there shall be substituted the words " Rules may be made under section seven of the Northern Ireland Act, 1962 ".
The Hire-Purchase Act (Northern Ireland), 1940 (4 & 5 Geo. 6. c. 10).In section twelve, in subsection (11), for the words " the court " there shall be substituted the words " the county court ".
In section twenty-one, in subsection (1), in the definition of " Rules of court ", for the words from " rules of the Supreme Court" onwards there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
The Landlord and Tenant (War Damage) Act (Northern Ireland), 1941 (5 & 6 Geo. 6. c. 9).

In section thirty-three, for subsection (7) there shall be substituted the following subsection:—

(7)If any party to any proceedings in the county court under this Act is dissatisfied with the order, determination, direction or decision of the court, he may appeal therefrom to such division or court of the Supreme Court as may be designated by rules made under section seven of the Northern Ireland Act, 1962, and the Supreme Court shall have jurisdiction to hear and determine the appeal.

In section thirty-eight, in subsection (1), in the definition of " Rules of court ", for the words from " rules of the Supreme Court" onwards there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
The Medicines, Pharmacy and Poisons Act ' (Northern Ireland), 1945 (1945, c. 9).

In section fourteen, in subsection (5), for the words " If rules of the Supreme Court so provide" there shall be substituted the words " If rules made under section seven of the Northern Ireland Act, 1962, so provide " , and for subsection (7) there shall be substituted the following subsection:—

(7)Rules may be made under section seven of the Northern Ireland Act, 1962, designating the division or court by which an appeal from the Statutory Committee under this Part of this Act is to be heard and determined, and references in this Part of this Act to the Supreme Court shall be construed as references to the division or court so designated.

The Industries Development Act (Northern Ireland), 1945 (1945, c. 12).In section four, in subsection (5), the words from " and (e) provision may be made " onwards shall be omitted.
In the Schedule, in paragraph 15, for the words "rules of the Supreme Court" there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 " , and the words " in manner provided by those rules " shall be omitted.
The Elections and Franchise Act (Northern Ireland), 1946 (1946, c. 8).In section thirty-two, in subsection (2), the words " in accordance with rules of court" shall be omitted, and in subsection (3) for the words " by the authorities " and " the Supreme Court respectively " there shall respectively be substituted the words " as regards county courts by the authority " and "as regards the Supreme Court under section seven of the Northern Ireland Act, 1962 ".
The National Insurance (Industrial Injuries) Act (Northern Ireland), 1946 (1946, c. 21).

In section thirty-seven, for subsection (2) there shall be substituted the following subsection:—

(2)Rules made under section seven of the Northern Ireland Act, 1962, may designate the division or court of the Supreme Court to which references or appeals under this section are to be made.

The National Insurance Act (Northern Ireland), 1946 (1946, c. 23).

In section forty, in subsection (4), for paragraph (a) there shall be substituted the following paragraph:—

(a)rules made under section seven of the Northern Ireland Act, 1962, may designate the division or court of the Supreme Court to which references or appeals under this subsection are to be made.

The Drainage Act (Northern Ireland), 1947 (1947, c. 9).In the Third Schedule, in paragraph 4, in sub-paragraph (b), for the words " rules of court" there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ", and sub-paragraph (e) shall be omitted, and in paragraph 19, for the words " rules of the Supreme Court " there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
The Transport Act (Northern Ireland), 1948 (1948, c. 16).In section forty-six, in subsection (1), in the proviso, for the words " Supreme Court " (where first occurring) there shall be substituted the words " such division or court of the Supreme Court as may be designated by rules made under section seven of the Northern Ireland Act, 1962 ".
In the First Schedule, in paragraph 4, in sub-paragraph (1) (b), for the words " rules of court " there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ", and sub-paragraph (2) shall be omitted, and in paragraph 19, for the words " rules of the Supreme Court " there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 , and the words " in manner provided by those rules " shall be omitted.
The Electricity (Supply) Act (Northern Ireland), 1948 (1948, c. 18).In the First Schedule, in paragraph 4, in sub-paragraph (b), for the words " rules of court" there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ", and sub-paragraph (e) shall be omitted, and in paragraph 19, for the words " rules of the Supreme Court " there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 " and the words " in manner provided by those rules " shall be omitted.
The Roads Act (Northern Ireland), 1948 (1948, c. 28).In the Fifth Schedule, in paragraph 4, in sub-paragraph (b), for the words " rules of court" there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ", in paragraph 19, for the words "rules of court" there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 " , and the words "in manner provided by those rules " shall be omitted, and in paragraph 25 the reference to rules of court shall, in relation to the High Court, be construed as a reference to rules made under section seven of this Act.
The Public Health and Local Government (Miscellaneous Provisions) Act (Northern Ireland) 1949 (1949, c. 21).In section eight, in subsection (1), the words " in accordance with rules of court" shall be omitted, and subsection (5) shall be omitted.
The Adoption of Children Act (Northern Ireland), 1950 (1950, c. 6).In section thirty-one, in subsection (1) for the words from the beginning to " make provision " there shall be substituted the words " Rules may be made under section seven of the Northern Ireland Act, 1962, providing ".
The Statutory Charges Register Act (Northern Ireland), 1951 (1951, c.3).In section six, in subsection (5), for the words " may in accordance with rules of court appeal to the Supreme Court" there shall be substituted the words " may appeal to such division or court of the Supreme Court as may be designated for the purposes of this subsection by rules made under section seven of the Northern Ireland Act, 1962 ".
The Law Reform (Miscellaneous Provisions) Act (Northern Ireland), 1951 (1951, c. 7).Section six shall be omitted.
The Health Services (Hospitals Endowments) Act (Northern Ireland), 1951 (1951, c. 21).In section three, in subsection (3), for the words " Supreme Court" (where first occurring) there shall be substituted the words " such division or court of the Supreme Court as may be designated by rules made under section seven of the Northern Ireland Act, 1962 " , and the words " in accordance with rules of court" shall be omitted.
The Transport (Special Inquiries) Act (Northern Ireland), 1951 (1951, c. 22).In section two, in subsection (1), in paragraph (c), for the words " rules of court " there shall be substituted the words " rules made under section seven of the Northern Ireland Act, 1962 ".
The Interpretation Act (Northern Ireland), 1954 (1954, c. 33).In section twenty-one, in subsection (4), for the words from " by the Governor" onwards there shall be substituted the words " under section seven of the Northern Ireland Act, 1962 ".
The Minerals (Miscellaneous Provisions) Act (Northern Ireland), 1959 (1959, c. 17).In section thirteen, in subsection (3), for the words " shall include references to a Judge of that Court" there shall be substituted the words " are to such division or court of the Supreme Court as may be designated by rules made under section seven of the Northern Ireland Act, 1962 ".
In section sixteen, subsection (5) shall be omitted.
The Nurses and Mid-wives Act (Northern Ireland), 1959 (1959, c. 19).In section seven, in subsection (4), the words " in accordance with rules of court " shall be omitted.
In section twenty-six, in subsection (8), the words " in accordance with rules of court" shall be omitted.
The Companies Act (Northern Ireland), 1960 (1960, c. 22).In section three hundred and forty-nine, in subsection (9), for the words " rules made under section sixty-one of the Supreme Court of Judicature Act (Ireland), 1877 " there shall be substituted the words " rules of court ".

PART IIOrder in Council amended

OrderAmendment
The Northern Ireland (Crown Proceedings) Order, 1949 (S.I. 1949/ 1836).In Article 3, in paragraph (3), for the words from the beginning to " 1897 " there shall be substituted the words " The expression ' rules of court' shall mean rules made under section seven of the Northern Ireland Act, 1962 ".

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