The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

• “English order” means a maintenance order made by the High Court of Judicature in England and Wales;

• “Scottish order” means a maintenance order made by the Court of Session;

• “Maintenance order” means a maintenance order to which section 16 of the Act of 1950 applies;

• “the register” means the register kept for the purpose of the Act of 1950 and the Act of 1958;

• "a magistrates' court" means a magistrates' court in England and Wales;

Registration, etc., of Northern Ireland Order under the Act of 1950

4

• (1) An application for the registration of a Northern Ireland order under Part II of the Act of 1950 may be made by lodging with the Master—

• (a) a letter of application;

• (b) an affidavit by the applicant;

• (c) a copy of that affidavit, and

• (d) a certified copy of the order.

• (2) The affidavit lodged under paragraph (1) shall state—

• (a) the address in the United Kingdom, and the occupation of the person liable to make payments under the order;

• (b) the date of service of the order on the person liable to make payments thereunder or, if the order has not been served, the reason why service has not been effected;

• (c) the reason why it is convenient that the order should be enforceable in England and Wales or Scotland as the case may be;

• (d) the amount of any arrears due to the applicant under the order, and

• (e) that the order is not already registered.

• (3) If it appears to the Master that the person liable to make payments under the order resides in England and Wales or Scotland and that it is convenient that the order should be enforceable there, he shall send a certified copy of the order and the applicant's affidavit to the Senior Registrar or the Deputy Principal Clerk as the case may be.

• (4) The prescribed officer for the purposes of the Act of 1950 and the Act of 1958 shall be the Master.

• (5) On receipt of notice of the registration of a Northern Ireland order in the Supreme Court of Judicature in England and Wales or the Court of Session the Master shall cause particulars of the notice to be entered in Part I of the register.

• (6) The fact that the order has been registered in the Supreme Court of Judicature in England and Wales or the Court of Session shall be noted in the court minutes.

Re-registration of a Northern Ireland Order in a Magistrates' Court under Part 1 of the Act of 1958

5

• (1) Where a Northern Ireland order bas been registered in the Supreme Court of Judicature in England and Wales under Part II of the Act of 1950 an application under Part I of the Act of 1958 for the registration of that order in a magistrates' court shall be made by lodging with the Master—

• (a) a letter of application;

• (b) an affidavit by the applicant;

• (c) a copy of the affidavit, and

• (d) a certified copy of the order.

• (2) The affidavit lodged under paragraph (1) shall state—

• (a) the date of the registration of the order in the Supreme Court of Judicature in England and Wales under Part II of the Act of 1950;

• (b) the address and occupation of the person liable to make payments under the order;

• (c) the reason why registration of the order in a magistrates' court is desired;

• (d) the amount of any arrears due under the order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

• (e) the date of birth of each child named in the Order;

• (f) whether any proceedings are pending for the enforcement of the order; and

• (g) that the order is not already registered under the Act of 1958 or if the order has been registered under that Act, whether the registration has been cancelled.

• (3) The period required to be subscribed by rules of court for the purpose of section 2(2) of the Act of 1958 shall be 14 days.

• (4) If the application is granted the Master shall send to the clerk of the appropriate magistrates' court—

• (a) the copy of the affidavit;

• (b) a certified copy of the Northern Ireland order, and

• (c) a copy of the order granting the application.

• (5) On receiving notice that the order has been registered in a magistrates' court the Master shall enter particulars of the registration in Part I of the register and in the Court minutes.

Discharge or variation of registered order

6

Where the High Court makes an order varying or discharging a Northern Ireland order registered under the Act of 1950 the Master shall send to the Senior Registrar or the Deputy Principal Clerk, as the case may be, and where the order is re-registered in a magistrates' court under the Act of 1958 to the clerk of that court, a certified copy of the order varying or discharging the registered order.

Cancellation of registration

7

Where the registration of a Northern Ireland order registered in the Supreme Court of Judicature in England and Wales or the Court of Session under the Act of 1950 is cancelled under section 24(1) of the Act of 1950, and where the order is registered in a magistrates' court under the Act of 1958 the registration in that court is cancelled under section 5 of the Act of 1958 the Master on receipt of notice of cancellation shall cause particulars of it to be entered in Part I of the register.

Registration, etc. of English and Scottish Orders

8

• (1) In relation to an English or Scottish order the prescribed officer for the purposes of section 17(2) of the Act of 1950 shall be the Master.

• (2) On receipt of a certified copy of an English or Scottish order for registration, the Master shall—

• (a) cause the order to be registered in Part II of the register and notify the Senior Registrar or Deputy Principal Clerk as the case may be, that this has been done;

• (b) file the certified copy and any statutory declaration or affidavit as to the amount of any arrears due under the order.

• (3) An application under section 21(2) of the Act of 1950 by a person liable to make payments under a Scottish order registered in the High Court to adduce before the Court such evidence as is mentioned in that section shall be made by lodging a request for an appointment before the Master; and notice of the day and time fixed for hearing shall be sent by post to the applicant and to the person entitled to payments under the order.

• (4) The prescribed officer to whom notice of the discharge or variation of an English or Scottish order registered in the High Court is to be given under section 23(1)(a) of the Act of 1950 shall be the Master to whom a certified copy of the order was sent for registration, and on receipt of the notice he shall cause particulars of it to be registered in Part II of the register.

• (5) An application under section 24(1) of the Act of 1950 for the cancellation of the registration of an English or Scottish order shall be made ex parte by affidavit to the Master, and the Master, if he cancels the registration, shall note the cancellation in Part II of the register and send notice of the cancellation to the Senior Registrar or Deputy Principal Clerk, as the case maybe.

[E.r. 5]

Inspection of register

9

Any person who satisfies the Master that he is entitled to or liable to make payments under a maintenance order of a superior court or a solicitor acting on behalf of any such person or, with the leave of the Master any other person, may inspect the register and bespeak copies of any such order which is registered in the High Court under Part II of the Act of 1950 and of any statutory declaration or affidavit filed therewith.

[E.r. 6]

PART IV — GENERAL PROVISIONS AS TO PROCEEDINGS UNDER PART II AND III

Interpretation of Part IV

10

• (1) In this Part of this Order—

• “maintenance order” has the meaning assigned to it by section 10(2) of of the Act of 1966;

• “proper officer” means the Master;

• “the register” means any register kept for the purposes of the Act of 1966.

[E.r. 7]

Application for registration

11

• (1) An application under section 11 of the Act of 1966 for the registration in a court of summary jurisdiction of a maintenance order made by the High Court may be made—

• (a) on the making of the maintenance order or an order varying the maintenance order, or

• (b) at any other time by lodging with the proper officer a certified copy of the maintenance order and an affidavit by the applicant, together with a copy thereof, stating—

• (i) the address and occupation of the person liable to make payments under the maintenance order;

• (ii) the reason why registration of the maintenance order in a court of summary jurisdiction is desired;

• (iii) the amount of any arrears due to the applicant under the maintenance order, the date to which those arrears have been calculated and the date on which the next payment under the maintenance order falls due;

• (iv) the date of birth of each child named in the maintenance order;

• (v) that the maintenance order is not already registered under the Act of 1966; and

• (vi) whether any proceedings are pending for the enforcement of the maintenance order.

• (2) Where such application is granted, the applicant must, if he has not already done so, lodge with the proper officer a certified copy of the maintenance order and, where the application was granted on the making of the maintenance order or any order varying the maintenance order, a statement signed by the applicant or his solicitor, and a copy thereof, giving the address of the person entitled to receive payments under the maintenance order and the particulars mentioned in paragraph (1)(b)(i), (iii) and (iv).

• (3) The period required to be prescribed by rules of Court for the purpose of section 11(2) of the Act of 1966 shall be 14 days.

• (4) The proper officer shall cause the certified copy of a maintenance order required by the said section 11(2) to be sent to the clerk of petty sessions acting for the petty sessions district in which the defendant appears to be, indorsed with a note that the application for registration of the maintenance order has been granted and to be accompanied by a copy of the affidavit or statement lodged under paragraph (1) or (2), as the case may be.

• (5) On receipt of notice that a maintenance order made by the High Court has been registered in a court of summary jurisdiction in accordance with section 11(5) of the Act of 1966, the proper officer shall enter particulars of the registration in the Court minutes.

[E.r. 8]

Registration of order made by a court of summary judisdiction

12

On receipt of a certified copy of a maintenance order made by a court of summary jurisdiction sent to him pursuant to section 11(4)(c) of the Act of 1966, the Master, who is the prescribed officer for the purpose of that section, shall cause the order to be registered in the High Court by filing the copy and making an entry in the register and shall notify the clerk of petty sessions that the maintenance order has been duly registered.

[E.r. 9]

Variation or discharge of registered order

13

• (1) Where the High Court makes an order varying or discharging a maintenance order registered in a court of summary jurisdiction under Part II of the Act of 1966, the proper officer shall send a certified copy of the first-mentioned order to the clerk of petty sessions concerned.

• (2) Where a certified copy of an order varying a maintenance order made by the High Court and registered in a court of summary jurisdiction under Part II of the Act of 1966 is received from the clerk of petty sessions, the proper officer shall file the copy and enter particulars of the variation in the Court minutes.

• (3) Where a certified copy of an order varying or discharging a maintenance order made by a court of summary jurisdiction and registered in the High Court under Part II of the Act of 1966 is received from a clerk of petty sessions, the proper officer shall—

• (a) file the copy, and

• (b) enter particulars of the variation or discharge in the register.

[E.r. 10]

Appeal from variation, etc. of order by court of summary jurisdiction

14

Order 55 shall apply to an appeal which lies to a Judge of the High Court under section 13(8) of the Act of 1966.

[E.r. 11]

Cancellation of registration

15

• (1) A notice under section 14 of the Act of 1966 by a person entitled to receive payments under a maintenance order registered in the High Court must be given to the proper officer.

• (2) Where the High Court gives notice under the said section 14, the proper officer shall endorse the notice on the certified copy mentioned in rule 13(1).

• (3) Where notice under section 14 of the Act of 1966 is given in respect of a maintenance order registered in the High Court, the proper officer, on being satisfied by an affidavit by the person entitled to receive payments under the order that no proceedings for the enforcement of the order are pending, shall—

• (a) cancel the registration by entering particulars of the notice in the register, and

• (b) send notice of the cancellation to the clerk of petty sessions acting for the petty sessions district in which the order was made, stating, if such be the case, that the cancellation is in consequence of a notice given under subsection (1) of section 14 of the Act of 1966.

• (4) On receipt of notice from a clerk of petty sessions that the registration in a court of summary jurisdiction under the act of 1966 of a maintenance order made by the High Court has been cancelled, the proper officer shall enter particulars of the cancellation in the Court minutes.

[E.r. 12]

V. PROCEEDINGS UNDER THE ACT OF 1972

Interpretation of Part V

16

In this Part of this Order—

• (a) any reference to a provision of the Act of 1972 in relation to a country or territory with respect to which an Order in Council has been made under Section 40 of that Act is a reference to that provision as applied by the Order in Council;

• (b) for the purposes of sections 2(3), 5(4) and 14 of the Act of 1972 the prescribed officer shall be the Master.

[E.r. 21]

Application for transmission of maintenance order to reciprocating country

17

An application for a maintenance order to be sent to a reciprocating country under section 2 of the Act of 1972 shall be made by lodging in the Office—

• (a) an affidavit by the applicant stating—

• (i) the applicant's reason for believing that the payer under the maintenance order is residing in that country, and

• (ii) the amount of any arrears due to the applicant under the order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

• (b) a certified copy of the maintenance order;

• (c) a statement giving such information as the applicant possesses as to the whereabouts of the payer;

• (d) a statement giving such information as the applicant possesses for facilitating the identification of the payer (including, if known to the applicant, the name and address of any employer of the payer, his occupation and the date and place of issue of any passport of the payer), and

• (e) if available to the applicant, a photograph of the payer.

[E.r. 22]

Certification of evidence given on provisional order

18

Where the High Court makes a provisional order under section 5 of the Act of 1972, the document required by subsection (4) of that section to set out or summarise the evidence given in the proceedings shall be authenticated by a certificate signed by the Master.

[E.r. 23]

Confirmation of provisional order

19

• (1) On receipt by the High Court of a certified copy of a provisional order made in a reciprocating country, together with the document mentioned in section 5(5) of the Act of 1972, the Master shall fix a time and place for the Court to consider whether or not the provisional order should be confirmed and shall send to the payee under the maintenance order notice of the time and place so fixed together with a copy of the provisional order and of that document.

• (2) The Master shall send to the court which made the provisional order a certified copy of any order confirming or refusing to confirm that order.

[E.r. 24]

Taking of evidence for court in reciprocating country

20

• (1) The High Court shall be the prescribed court for the purposes of taking evidence pursuant to a request by a court in a reciprocating country under section 14 of the Act of 1972 where—

• (a) the request for evidence relates to a maintenance order made by a superior court in the United Kingdom, and

• (b) the witness resides in Northern Ireland.

• (2) The evidence may be taken before a judge or officer of the High Court as the court thinks fit and the appropriate provisions of these Rules relating to the examination on oath before a Judge, an officer or examiner of the Court or some other person, of any witness or person shall apply with the necessary modifications.

[E.r. 25]

Notification of variation or revocation

21

Where the High Court makes an order (other than a provisional order) varying or revoking a maintenance order a copy of which has been sent to a reciprocating country in pursuance of section 2 of the Act of 1972, the Master shall send a certified copy of the order to the court in the reciprocating country.

[E.r. 26]

Transmission of documents

22

Any document required to be sent to a court in a reciprocating country under section 5(4) or section 14(1) of the Act of 1972 or by rule 19(2) or 21 shall be sent to the Secretary of State for transmission to that court unless the Master is satisfied that, in accordance with the law of the country, the document may properly be sent by him direct to that court.

[E.r. 27]

Application of Part V to the Republic of Ireland

23

• (1) In relation to the Republic of Ireland rules 16 to 22 shall have effect subject to the provisions of this rule.

• (2) For the words “a reciprocating country” wherever they occur there shall be substituted the words "the Republic of Ireland."

• (3) In rule 16(2) for the reference to section 5(4) there shall be substituted a reference to section 5(2).

• (4) the following paragraphs shall be added to rule 17 :

(f) a statement as to whether or not the payer appeared in the proceedings in which the maintenance order was made and, if he did not, the original or a copy certified by the applicant or his solicitor to be a true copy of a document which establishes that notice of the institution of the proceedings was served on the payer; (g) a document which establishes that notice of the order was sent to the payer, and (h) if the payee received legal aid in the proceedings in which the order was made, a copy certified by the applicant or his solicitor to be a true copy of the legal aid certificate.

• (5) For rule 18 there shall be substituted the following rule :

(18) Where an application is made to the High Court for the variation or revocation of an order to which section 5 of the Act of 1972 applies, the certified copy of the application and the documents required by subsection (2) of that section to set out or summarise the evidence in support of the application shall be authenticated by a certificate signed by the Master.

• (6) Rule 19 shall not apply.

• (7) For rule 21 there shall be substituted the following rule :

(21) Where the High Court makes an order varying or revoking a maintenance order to which section S of the Act of 1972 applies, the Master shall send a certified copy of the order and a statement as to the service on the payer of the documents mentioned in subsection (2) of that section to the court in the Republic of Ireland by which the maintenance order is being enforced.

• (8) Rule 22 shall not apply.

[E.r. 28]

VI. ATTACHMENT OF EARNINGS ORDERS UNDER THE JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969

Interpretation

24

In this part of this Order—

• “the Act of 1969” means the Judgments (Enforcement) Act (Northern Ireland) 1969¹³⁹;

• “the Order of 1978” means the Matrimonial Causes (Northern Ireland) Order 1978¹⁴⁰;

• “maintenance order” means any order specified in section 77D(1)(a) of the Act of 1969;

Application for attachment of earnings order by the person entitled to payments

25

• (1) Where the person to whom payments are required to be made under a maintenance order desires to apply to the High Court under section 73 of the Act of 1969 for an attachment of earnings order to secure those payments the application must be made by summons, issued out of the Office.

The defendant or respondent to the summons (in this order referred to as “the defendant”) shall be the person liable to make payments under the maintenance order and any application under Article 34 of the Order of 1978 for leave to enforce payment of any arrears which became due more than 12 months before the issue of the summons shall be made by the summons.

• (2) The summons must be supported by an affidavit by the applicant stating—

• (a) particulars of the maintenance order;

• (b) the date of service of the maintenance order on the defendant or, if the order has not been served, the reason why service has not been effected;

• (c) the amount of any arrears due to the applicant under the maintenance order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

• (d) particulars of any proceedings which have been taken for the enforcement of the maintenance order;

• (e) the name and address of any person believed to be the defendant's employer;

• (f) such of the following particulars relating to the defendant as are known to the applicant, that is to say—

• (i) his full name and address,

• (ii) his place of work,

• (iii) the nature of his work and his works number, if any;

• (g) such other facts relevant to the names of the defendant as are known to the applicant and in particular details of any other attachment of earnings order made by any other court must be given.

• (3) Unless the Court otherwise directs, the summons, together with a copy of the affidavit in support, must be served on the defendant personally or by post at least 14 days before the return day and the defendant may, within 10 days after the service, file an affidavit in answer and in that case must serve a copy of his affidavit on the applicant within 3 days after filing it.

[E.r. 13]

Notice to employer

26

Without prejudice to the powers conferred by section 77 of the Act of 1969, the Court may at any stage of the proceedings send to any person appearing to have the debtor in his employment a notice requesting him to give to the Court within such period as may be specified in the notice a statement of the debtor's earnings and anticipated earnings with such other particulars as may be so specified.

Exercise of power to obtain statement of earnings

27

An order under section 77 of the Act of 1969 shall be endorsed with or incorporate a notice warning the person to whom it is directed of the consequences of disobedience to the order and shall be served on him personally.

Application for attachment of earnings order by person liable to make payments

28

An application by the person liable to make payment under a maintenance order of the High Court for an attachment of earnings order to secure those payments may be made on the making of the maintenance order or an order of the High Court varying the maintenance order.

[E.r. 14]

Form and service of order

29

• (1) An attachment of earnings order must be made in Form No. 49 in Appendix A and the particulars of the defendant required to be given in the first paragraph of that form shall, so far as they are known to the Court, be the prescribed particulars for the purposes of section 73(4) of the Act of 1969.

• (2) The Court shall cause a copy of an attachment of earnings order and of any order varying or discharging such an order to be served on the defendants and on the person to Whom the attachment of earnings order is directed.

• (3) Notwithstanding any provision of these Rules relating to the service of documents, service under this rule of a copy of an order on a person other than a corporation shall be effected by sending the copy to him at his last known place of residence or, where he is the person to whom the attachment of earnings order is directed, at his place of business.

• (4) Service under this rule of a copy of an order on a corporation shall be effected by sending the copy to it at—

• (a) such address, if any, as the corporation may in a written request to the Court have specified for the purpose of this rule in relation to the defendant or to the class or description of persons to which he belongs, or

• (b) the registered office of the corporation or, if the corporation has no registered office, any place where it resides or carries on business.

• (5) A copy of Schedule 1A to the Act of 1969 shall be served with or annexed to the attachment of earnings order.

[E.r. 15]

Application to revive an attachment of earnings order

30

• (1) An application to revive an attachment of earnings order shall be treated as if it were an application for such an order under rule 25.

• (2) A copy of the order for the revival of which the application is made shall be lodged with the application.

• (3) Upon making an order under this role the original attachment of earnings order may be varied as the Court may think fit.

Notice of cessation of order

31

Where an attachment of earnings order ceases to have effect by virtue of section 77D(4)(b) or (5) of the Act of 1969, the notice of the cessation required by section 77D(6) of that Act to be given to the person to whom the order was directed shall be given by the Master if the related maintenance order—

• (a) was made by the High Court and is not registered in a court of summary jurisdiction under Part II of the Act of 1966, or

• (b) was made by a court of summary jurisdiction and is registered in the High Court under the said Part II, or

• (c) has ceased to be registered in the High Court under Part II of the Act of 1950.

[E.r. 16]

Discharge or variation by court of own motion

32

• (1) Subject to paragraph 5, the powers conferred by section 76(1) of the Act of 1969 may be exercised by the Court of its own motion in the circumstances mentioned in the following paragraphs.

• (2) Where it appears to the Court that a person served with an attachment of earnings order directed to him has not the defendant in his employment, the Court may discharge the order.

• (3) Where an attachment of earnings order which has lapsed under section 76(6) of the Act of 1969 is again directed to a person who appears to the Court to have the defendant in his employment, the Court may make such consequential variations in the order as it thinks fit.

• (4) Where, after an attachment of earnings order has been made, it appears to the Court that the related maintenance order has ceased to have effect, whether by virtue of the terms of the maintenance order or under paragraph 2 of Schedule 3 to the Order of 1978 or otherwise, the Court may discharge or vary the attachment of earnings order.

• (5) Before discharging or varying an order of its own motion under any of the foregoing paragraphs, the Court shall, unless it thinks it unnecessary in the circumstances to do so, give the defendant and the person entitled to payment under the related maintenance order an opportunity of being heard on the question whether the order should be varied or discharged, and for that purpose the Master may give them notice of a date, time and place at which the question will be considered.

[E.r. 18]

Application to determine whether payments are earnings

33

An application to the High Court under section 77B(1) of the Act of 1969 must be made by summons returnable not less than 4 days after service thereof on the person (other than the applicant) who is also entitled to make the application.

[E.r. 19]

Notification of making an attachment of earnings order

34

• (1) The proper officer of the court shall notify the Enforcement of Judgments Office when an attachment of earnings order has been made.

• (2) The notification under paragraph (1) shall specify the amount of earnings attached under the order.

ORDER 99 — INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) (NORTHERN IRELAND) ORDER 1979

Interpretation

1

In this Order—

• “the Order” means the Solicitors (Northern Ireland) Order 1976[^f00153] and an Article referred to by number means the Article so numbered in that order;

• “the Committee” means the Disciplinary Committee appointed under Article 43;

• “Law Society” means the Incorporated Law Society of Northern Ireland;

[E.r. 1]

Jurisdiction under Part V of the Order exercisable by judge in chambers, etc.

2

Any application to a judge of the High Court under Part V of the Order may be disposed of in chambers.

[E.r. 2]

Power to order solicitor to deliver cash account, etc.

3

• (1) Where the relationship of solicitor and client exists or has existed, the Court may, on the application of the client or his personal representatives, make an order for—

• (a) the delivery by the solicitor of a cash account;

• (b) the payment or delivery up by the solicitor of money or securities;

• (c) the delivery to the plaintiff of a list of the moneys or securities which the solicitor has in his possession or control on behalf of the plaintiff;

• (d) the payment into or lodging in court of any such moneys or securities.

• (2) An application for an order under this rule must be made by originating summons.

• (3) If the defendant alleges that he has a claim for costs, the Court may make such order for the taxation and payment, or securing the payment thereof and the protection of the defendant's lien, if any, as the Court thinks fit.

[E.r. 3]

Appearance to originating summons unnecessary

4

No appearance need be entered to an originating summons under this Order.

[E.r. 5]

Application under rule 3 and Schedule 1 to the Order

5

• (1) Proceedings in the High Court under rule 3 and Schedule 1 to the Order shall be assigned to the Chancery Division.

• (2) The originating summons by which an application for an order under the said rule or Schedule is made must be entitled in the matter of a solicitor or a deceased solicitor, as the case may be, (without naming him) and in the matter of the Order;

• (3) Where an order has been made under paragraph 3(1)(b), 9 or 15(1) of the said Schedule an application for an order under paragraph 5, 13(1) or 19 may be made by summons in the proceedings in which the first mentioned order was made.

[E.r. 6]

Defendants to applications under Schedule 1 to the Order

6

The defendant to an originating summons by which an application for an order under Schedule 1 to the Order is made shall be—

• (a) if the application is for an order under paragraph 9 thereof, the solicitor or, as the case may be, every member of the firm, on whose behalf the money in respect of which the order is sought is held;

• (b) if the application is for an order under paragraph 5 or 11 thereof, the Law Society;

• (c) if the application is for an order under paragraph 3(1)(b) thereof, the person against whom the order is sought;

• (d) if the application is for an order under paragraph 15 thereof for the re-direction of postal packets addressed to a solicitor or his firm, the solicitor or, as the case may be, every member of the firm;

• (e) if the application is for an order under paragraph 16 thereof, the solicitor or personal representative in substitution for whom the appointment of a new trustee is sought and, if he is a co-trustee, the other trustee or trustees.

[E.r. 7]

Interim order restricting payment out of banking account

7

At any time after the issue of an originating summons by which an application for an order under paragraph 9 of Schedule 1 to the Order is made, the Court may, on the ex parte application of the plaintiff, make an interim order under that paragraph to have effect until the hearing of the summons and include therein a further order requiring the defendant to show cause at the hearing why an order under that paragraph should not be made.

[E.r. 8]

Adding parties etc.

8

Without prejudice to its power under Order 15, the Court may, at any stage of proceedings under Schedule 1 to the Orders order any person to be added as a party to the proceedings or to be given notice thereof.

[E.r. 9]

Service of documents

9

• (1) Any document required to be served on the Law Society in proceedings under this Order shall be served by sending it by prepaid post to the Secretary of the Law Society.

• (2) Subject to paragraph (1) an originating summons by which an application under Schedule 1 to the Order is made, an order under paragraph 9 of that Schedule or rule 7 and any other document not required to be served personally which is to be served on a defendant to proceedings under the said Schedule shall, unless the Court otherwise directs, be deemed to be properly served by sending it by prepaid post to the defendant at his last known address.

[E.r. 10]

Title, service, etc. of notice of motion

10

• (1) The notice of the originating motion by which an appeal from the Committee is brought must be entitled in the matter of a solicitor (without naming him) and in the matter of the Order.

• (2) Unless the Court otherwise orders, the persons to be served with such notice are every party to the proceedings before the Committee and the Law Society;

• (3) Order 55, rule 14(2), shall apply in relation to the appeal as if for the period of 21 days therein specified there was substituted a period of 14 days commencing with the day on which a statement of the Committee's findings was filed pursuant to Article 52.

[E.r. 12]

Law Society to produce certain documents

11

• (1) Within 14 days after being served with notice of the originating motion by which an appeal is brought the Law Society must lodge in the Central Office three copies of each of the following documents:—

• (a) the order appealed against together with the statement of the Committee's findings required by Article 52;

• (b) any document lodged by a party with the Committee's findings which is relevant to a matter in issue on the appeal, and

• (c) the transcript of the shorthand note, or as the case may be, the copy taken by the chairman of the Committee of the evidence in the proceedings before them.

• (2) At the hearing of the appeal the Court shall direct by whom the costs incurred in complying with paragraph (1) are to be borne and may order them to be paid to the Law Society by one of the parties notwithstanding that the Law Society does not appear at the hearing.

[E.r. 13]

Restriction on requiring security for costs

12

No person other than an appellant who was the applicant in the proceedings before the Committee shall be ordered to give security for the costs of an appeal.

[E.r. 14]

Power to require statement of Committee

13

The Court may direct the Committee to furnish the Court with a written statement of their opinion on the case which is the subject-matter of an appeal or on any question arising therein, and where such a direction is given, the secretary of the Committee must, as soon as may be lodge three copies of such statement in the Central Office and at the same time send a copy to each of the parties to the appeal and the Secretary of the Law Society.

[E.r. 15]

Persons entitled to be heard on appeal

14

A person who has not been served with notice of the originating motion by which an appeal is brought but who desires to be heard in opposition to the appeal shall, if he appears to the Court to be a proper person to be so heard, be entitled to be so heard.

[E.r. 16]

Discontinuance of appeal

15

• (1) An appellant may at any time discontinue his appeal by serving notice of discontinuance on the secretary of the Committee and every other party to the appeal, and if the appeal has been entered, by lodging a copy of the notice in the Central Office.

• (2) Where an appeal has been discontinued in accordance with paragraph (1) it shall be treated as having been dismissed with an order for payment by incurred by the Law Society in complying with rule 11(1).

the appellant of the costs of and incidental to the appeal, including any costs

[E.r. 17]

Applications to the Lord Chief Justice

16

A person who applies to the Lord Chief Justice—

• (a) in respect of the refusal of the Law Society to issue a certificate pursuant to Article 5(2);

• (b) in respect of the refusal of the Law Society to grant relief to any person seeking to be admitted as a solicitor against the contravention of regulations made under Article 6(1);

• (c) under Article 14(2) from the decision of the Council of the Law Society refusing the issue of a practising certificate or as to any terms or conditions subject to which such a certificate is issued;

• (d) under Article 16(4) from the decision of the Council of the Law Society not to terminate the suspension of a practising certificate;

• (e) under Article 29(2) from the decision of the Council of the Law Society refusing to grant its consent or as to the terms and conditions attached to such consent under paragraph (1) of said Article;

• (f) under Article 46(2) to have a solicitor's name replaced on the roll;

shall lodge in the Central Office—

• (i) a petition under the hand of the applicant praying for the appropriate relief and setting out the circumstances in which the application is made and the matters of fact upon which the applicant relies in support of his application, and

• (ii) an affidavit verifying the facts stated in the petition;

and shall within 2 days after lodging the said document in the Central Office lodge copies thereof at the Law Society's office.

Complaints to the Lord Chief Justice

17

• (1) A complaint to the Lord Chief Justice under Article 20 (which relates to a solicitor practising without a certificate) or under Article 27(1) (which relates to a solicitor acting as agent for an unqualified person) must be made by originating summons grounded on an affidavit setting out the nature of the complaint, the circumstances in which that complaint arose and the matters of fact upon which the complainant relies.

• (2) The summons and a copy of the grounding affidavit must be served on the solicitor against whom the complaint is made and on the Law Society at least 14 days before the date of hearing.

[ ORDER 100 — [ ...] The Trade Marks Act 1994 and the Olympic Symbol Etc. (Protection) Act 1995

I. GENERAL

Interpretation

1

In this Order—

• “district” means a petty sessions district within the meaning of section 21 of the Magistrates' Courts Act (Northern Ireland) 1964[^f00154] and any order made thereunder.

• “Principal Secretary” means the Principal Secretary Justice to the Lord Chief Justice.

II. COMMISSIONERS FOR OATHS

Application for appointment

2

• (1) An application for appointment as a commissioner for oaths shall be made by sending to the Principal Secretary a memorial in Form No. 50 in Appendix A. together with two certificates in Form No. 51 in Appendix A, signed respectively by—

• (a) at least 6 solicitors practising in the district for which the appointment is sought, and

• (b) magistrates, traders and residents in such district.

• (2) The applicant shall send a copy of his memorial to every commissioner for oaths for such district.

Objection to appointment

3

A commissioner for oaths for the district to which the application relates may object to the appointment sought in a letter to the Principal Secretary, setting forth the grounds of his objection and, before making any appointment, the Lord Chief Justice shall have regard to any such objection.

Other considerations affecting appointment

4

The Lord Chief Justice shall in any case, before making any appointment, have regard to—

• (a) the population of the district to which the application relates,

• (b) the number of commissioners for oaths already in office for such district, and

• (c) any other circumstances which he considers to be relevant.

Warrant of appointment

5

• (1) A warrant of appointment as a commissioner for oaths shall be in Form No. 52 in Appendix A hereto, and shall, issue from the Lord Chief Justice's Office.

• (2) A person appointed a commissioner for oaths shall not enter upon the duties of his office until his warrant of appointment has issued.

Conditions of appointment

6

Subject to the right of the Lord Chief Justice to specify the conditions, territory, duration or purpose of an appointment in a particular case, appointment as a commissioner for oaths shall be made in accordance with the following rules in this Part.

Revocation and variation of appointment

7

• (1) The Lord Chief Justice may at any time revoke the appointment of a commissioner for oaths or vary the conditions or limits of any such appointment.

• (2) A commissioner for oaths shall be informed forthwith in writing by the Principal Secretary of any revocation or variation of his appointment.

Solicitors and clerks of petty sessions

8

• (1) A solicitor already in office as a commissioner for oaths who does not hold a current practising certificate shall cease to be a commissioner for oaths.

• (2) A clerk of petty sessions who is a commissioner for oaths shall, on ceasing to act as clerk of petty sessions for a district specified in his warrant of appointment, cease to be a commissioner for oaths for that district.

• (3) A clerk of petty sessions in office as a commissioner for oaths at the time of his appointment to another district may apply to the Lord Chief Justice for the issue of a new warrant of appointment entitling him to act as a commissioner for oaths for that district.

• (4) Such application shall be made by letter addressed to the Principal Secretary.

III. NOTARIES PUBLIC

Application for appointment

9

• (1) An application for appointment as a notary public shall be made by sending to the Principal Secretary a memorial in Form No. 53 in Appendix A. together with a certificate in Form No. 54 in Appendix A hereto, signed by magistrates, traders and residents in a district in which the applicant carries on practice.

• (2) The applicant shall send a copy of his memorial to every notary public practising in Northern Ireland.

Objection to appointment

10

A notary public practising in Northern Ireland may object to the appointment sought in letter to the Principal Secretary, setting forth the grounds of his objection and, before making any appointment, the Lord Chief Justice shall have regard to any such objection.

Other considerations affecting appointment

11

The Lord Chief Justice shall in any case, before making any appointment, have regard to—

• (a) the number of notaries public already practising in Northern Ireland, and

• (b) any other circumstances which he considers to be relevant.

Warrant of appointment

12

• (1) A warrant of appointment as a notary public shall be in Form No. 55in Appendix A hereto, and shall issue from the Lord Chief Justice's Office.

• (2) A person appointed a notary public shall not enter upon the duties of his office until his warrant of appointment has issued.

Conditions of appointment

13

Subject to the right of the Lord Chief Justice to specify the conditions, territory, duration or purpose of an appointment in a particular case, appointment as a notary public shall be made in accordance with the following rules in this Part.

Qualification

14

A notary public must be a practising solicitor of at least 6 years' standing.

Extent of appointment

15

• (1) A notary public may exercise his notarial functions anywhere in Northern Ireland.

• (2) Notwithstanding any territorial limitation imposed by the terms of his appointment, paragraph (1) shall apply to any notary public who is in practice as such at the date of the commencement of this Order.

Revocation and variation of appointment

16

• (1) The Lord Chief Justice may at any time revoke the appointment of a notary public or vary the conditions or limits of any such appointment.

• (2) A notary public shall forthwith be informed in writing by the Principal Secretary of any revocation or his appointment.

Solicitor ceasing to practise

17

A solicitor who ceases to practise as a solicitor shall cease to be a notary public.

ORDER 101 — THE PENSIONS APPEAL TRIBUNALS ACT 1943

Application

1

This Order applies to bonds given for the purposes of any proceedings in the High Court or the Court of Appeal.

Persons to whom bonds may be given

2

Bonds may be given to any master by his official title.

Approved surety companies

3

Bonds may be given by any of the surety companies listed in the Schedule hereto.

Form of bond

4

A bond shall be in Form No. 58 in Appendix A with such variations and additions as may be approved by the master to whom it is given.

SCHEDULE — APPROVED SURETY COMPANIES

• Bank of Ireland

• Commercial Union Assurance Company Limited

• Eagle Star Insurance Company Limited

• Guardian, Royal Exchange Assurance Limited

• Legal & General Assurance Society Limited

• Norwich Union Fire Insurance Society Limited Phoenix Assurance Company Limited Provincial Insurance Company Limited

• Royal Insurance Company Limited

• Scottish Union and National Insurance Company

• The Century Insurance Company Limited

• The Insurance Corporation of Ireland Limited

• The Liverpool London & Globe Insurance Company Limited

• The London & Lancashire Insurance Company Limited

• The Prudential Assurance Company Limited The Sun Alliance & London Insurance Limited

• The Guarantee Society Limited

ORDER 102 — [ The Companies (Northern Ireland) Order 1986]

[No Order made]

[ ORDER 103 — Proceedings under section 7 of the Elected Authorities (Northern Ireland) Act 1989

Duties of Official Solicitor

1

• (1) The Official Solicitor shall conduct such investigations and render such assistance as may be authorised under these Rules or required by any direction of a court for the purpose of assisting the court in the due administration of justice.

• (2) The Official Solicitor shall perform such duties as have heretofore been discharged by the General Solicitor for Northern Ireland.

• (3) The Official Solicitor may discharge any functions analogous to those performed by the Official Solicitor in England and Wales, which are not the responsibility of some other officer or person in Northern Ireland.

Remuneration of Official Solicitor

2

• (1) The remuneration of the Official Solicitor shall be paid out of such fund to which the proceedings relate or by such parties as the court may by order direct.

• (2) Where there is no fund out of which such remuneration may be paid and there is no party to the proceedings against whom an effective order for the payment of such remuneration may be made the court may order such remuneration to be paid by the Lord Chancellor.

• (3) Such remuneration shall be ascertained on taxation or measured.

ORDER 104 — THE PATENTS ACTS 1949 TO 1961 AND 1977; THE REGISTERED DESIGNS ACTS 1949 TO 1971; THE DEFENCE CONTRACTS ACT 1958

Interpretation

1

In this Order, unless the context otherwise requires:—

• “the Act of 1969” means the Judgment (Enforcement) Act (Northern Ireland) 1969¹⁴¹

• “judgment” means any judgment, order or decree of any division of the High Court (other than an order made in matrimonial proceedings within the meaning of Rule 124 of the Matrimonial Causes Rules (Northern Ireland) 1979¹⁴²) or an instalment order made under Section 31 of the Act of 1969 or of any inferior Court for the payment of money;

• “judgment creditor” means a person entitled to enforce a judgment;

• “debtor” means a person liable under a judgment;

• “judgment summons” means a summons under Part VII of the Act of 1969.

Application

2

An application for the issue of a judgment summons shall be made by filing an affidavit verifying the amount due under the judgment and showing how the amount is arrived at.

Judgment summons

3

Every judgment summons shall be in Form No. 56. of Appendix A and shall be served on the debtor personally not less than 10 clear days before the hearing and at the time of service there shall be paid or tendered to the debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court.

Evidence

4

Evidence at the hearing may be given orally or by affidavit.

Debtor expenses, etc.

5

Where the debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the debtor appears at the hearing and no order of committal is made, the judge may allow to the debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court.

Stay of execution

6

If the judge makes an order for committal, be may direct its execution to be stayed on terms that the debor pays to the judgment creditor the amount due, together with the costs of the judgment summons, either at a specified time or by instalments, in addition to any sums accruing due under the original judgment.

Removal of stay, etc.

7

Where an order of committal is stayed on such terms as are mentioned in paragraph 6:—

• (a) all payments thereafter made shall be deemed to be made, first, in or towards the discharge of any sums from time to time accruing due under the original judgment and, secondly, in or towards the discharge of the debt in respect of which the judgment summons was issued and the costs of the summons; and

• (b) the said order shall not be issued until the judgment creditor has filed an affidavit of default on the part of the debtor.

Application for further stay

8

Where an order of committal has been made but execution of the order is stayed and the debtor subsequently desires to, apply for a further stay, he shall attend at or write to the Central Office and apply for the stay he requires, stating the reasons for his inability to comply with the order, and the Master shall fix a day for the hearing of the application by the judge and serve notice thereof on the judgment creditor and on the debtor by recorded delivery at least three clear days before the day fixed for the hearing.

Variation etc. of orders

9

Any order made under this Order may be stayed, suspended, rescinded or varied by a subsequent order.

Service of notice

10

The judgment creditor shall serve notice personally on the debtor of the terms of any order made under this Order whether or not the debtor has attended the hearing.

Execution of order

11

An order of committal shall be directed to any police officer or other person as the Court may direct for execution.

Discharge from custody

12

• (1) A debtor taken into custody under an order of committal shall not not be released from custody unless he pays to the police officer or the governor of the prison to which he is committed the full amount of the debt or instalment in respect of which such order was made and the costs of the order or upon receipt by the governor of the certificate of discharge prescribed under paragraph (5);

• (2) A police officer or prison governor to whom a sum of money is paid by a debtor in accordance with paragraph (1) shall issue to the debtor a receipt therefor and shall indorse on the order of committal a certificate of the amount he has received and the date thereof and the police officer or prison governor shall sign his name at the foot of the certificate.

• (3) Such sum shall be transmitted to the judgment creditor or his solicitor forthwith.

• (4) The creditor or his solicitor on receiving the sum transmitted to him shall send a receipt therefor;

• (5) The certificate prescribed for the purposes of section 90 of the Act of 1969 shall be in Form No. 57 in Appendix A, signed by the creditor, or his solicitor or a master, that there has been paid to or on account of the creditor by or on behalf of the debtor—

• (a) the debt or instalment in respect of which he was imprisoned;

• (b) the costs of the order of committal;

and the creditor or his solicitor shall, if the debtor so requires, furnish to the debtor a copy of such certificate.

ORDER 105 — REGISTRATION OF MAINTENANCE ORDERS: ATTACHMENT OF EARNINGS ORDERS FOR THE ENFORCEMENT OF MAINTENANCE ORDERS

Interpretation

1

In this Order—

• “blood samples” and “blood tests” have the meanings assigned to them by Article 13 of the Family Law Reform (Northern Ireland) Order 1977¹⁴³;

• “direction” means a direction for the use of blood tests under Article 8(1) of that Order;

• “the proper officer” means the officer of the court who draws up a direction.

[E.r. 1]

Application for direction

2

• (1) Except with the leave of the Court, an application in any proceedings for a direction shall be made on notice to every party to the proceedings (other than the applicant) and to any other person from whom the direction involves the taking of blood samples.

• (2) If the application is made otherwise than at the hearing of the proceedings it shall be made by summons.

• (3) Any notice or summons required by this rule to be served on a person who is not a party to the proceedings shall be served on him personally.

[E.r. 2]

Applications involving persons under disability

3

Where an application is made for a direction in respect of a person (in this rule referred to as a person under disability) who is either—

• (a) under 16, or

• (b) suffering from a mental disorder within the meaning of the Mental Health Act (Northern Ireland) 1961¹⁴⁴ and incapable of understanding the nature and purpose of blood tests,

the notice of application or summons shall state the name and address of the person having the care and control of the person under disability and shall be served on him instead of on the person under disability.

[E.r. 3]

Joinder of person to be tested

4

Where an application is made for a direction involving the taking of blood samples from a person who is not a party to the proceedings in which the application is made, the Court may at any time direct that person to be made a party to the proceedings.

[E.r. 4]

Service of direction and adjournment of proceedings

5

Where the Court gives a direction in any proceedings, the proper officer shall send a copy to every party to the proceedings and to every other person from whom the direction involves the taking of blood samples and, unless otherwise ordered, further consideration of the proceedings shall stand adjourned until the court receives a report pursuant to the direction.

[E.r. 5]

Service of copy of report

6

On receipt by the court of a report made pursuant to a direction, the proper officer shall send a copy to every party to the proceedings and to every other person from whom the direction involved the taking of blood samples.

[E.r. 6]

ORDER 106 — PROCEEDINGS RELATING TO SOLICITORS: THE SOLICITORS (NORTHERN IRELAND) ORDER 1976

Proceedings to be brought by originating summons

1

• (1) Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with the provisions of this Order.

• (2) All such proceedings shall be assigned to the Chancery Division.

[E.r. 1]

Form of originating summons

2

• (1) The originating summons shall be in Form No. 9 in Appendix A and no appearance need be entered to it.

[E.r. 2]

Affidavit in support

3

The plaintiff shall file in support of the originating summons an affidavit stating—

• (a) his interest in the land;

• (b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and

• (c) that he does not know the name of any person occupying the land who is not named in the summons.

[E.r. 3]

Service of originating summons

4

• (1) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on him—

• (a) in accordance with Order 10, rule 5, or

• (b) by leaving a copy of the summons and of the affidavit, or sending them to him, at the premises, or

• (c) in such other manner as the Court may direct.

• (2) The summons shall, in addition to being served on the named defendants (if any) in accordance with paragraph (1), be served, unless the Court otherwise directs, by—

• (a) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises, and

• (b) if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to “the occupiers”.

• (3) Order 28, rule 3, shall not apply to proceedings under this Order.

[E.r. 4]

Application by occupier to be made a party

5

Without prejudice to Order 15, rules 6 and 10, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant.

[E.r. 5]

Order for possession

6

• (1) A final order shall not be made on the originating summons except by a judge in person and shall, except in case of urgency and by leave of the Court, not be made less than 5 clear days after the date of service.

• (2) An order for possession in proceedings under this Order shall be in Form No. 33 in Appendix A.

[E.r. 6]

Setting aside order

7

The judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this Order.

[E.r. 8]

ORDER 107 — COMMISSIONERS FOR OATHS AND NOTARIES PUBLIC

Interpretation

1

In this Order—

• “the Court” means the court by which an order is made and includes the Court of Appeal;

• “the European Court” means the Court of Justice of the European Communities; and

• “order” means an order referring a question to the European Court for a preliminary ruling under Article 177 of the Treaty establishing the European Economic Community, Article 150 of the Treaty establishing the European Atomic Energy Community or Article 41 of the Treaty establishing the European Coal and Steel Community.

[E.r. 1]

Making of order

2

• (1) An order may be made by the Court of its own motion at any stage in a cause or matter, or on application by a party before or at the trial or hearing thereof.

• (2) Where an application is made before the trial or hearing, it shall be made by motion.

• (3) In the High Court no order shall be made except by a judge in person.

[E.r. 2]

Schedule to order to set out request for ruling

3

An order shall set out in a schedule the request for the preliminary ruling of the European Court, and the Court may give directions as to the manner and form in which the schedule is to be prepared.

[E.r. 3]

Stay of proceedings pending ruling

4

The proceedings in which an order is made shall, unless the Court otherwise orders, be stayed until the European Court has given a preliminary ruling on the question referred to it.

[E.r. 4]

Transmission or order to the European Court

5

When an order has been made, the Master (Queen's Bench and Appeals) shall send a copy thereof to the Registrar of the European Court; but in the case of an order made by the High Court, he shall not do so, unless the Court otherwise orders, until the time for appealing against the order has expired or, if an appeal is entered within that time, until the appeal has been determined or otherwise disposed of.

[E.r. 5]

Appeals from orders made by High Court

6

An order made by the High Court shall be deemed to be a final decision, and accordingly an appeal against it shall lie to the Court of Appeal without leave; but the period within which a notice of appeal must be served under Order 59, rule 4(1), shall be 21 days.

[E.r. 6]

Signed

Dated the 25th day of September 1980.

Lowry — John MacDermott — Donald Murray — R. D. Carswell — J. J. Sheil — Owen Catchpole — James McFarland

I concur

Hailsham of St. Marylebone, C — Dated the 1st day of October 1980.

Footnotes