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County Court Rules (Northern Ireland) 1981

Type Ni-Statutory-Rule

Publication 1981-01-01

Last updated 2025-11-26

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(3) [^f00278] An applicant who is a debtor or hirer making an application for an order under section 129(1)(ba) must attach to the notice of application, a copy of the notice served on the creditor or owner under section 129A(1)(a).]

Financial relief for hirer

13

(1) An application by a hirer for an order under section 132(1) shall be made by notice in Form 285.

(2) [[^f00277] Paragraph (5) of Rule 9] shall apply to a notice of application under paragraph (1) of this Rule.

Application for variation, etc.

14

(1) An application under section 130(6) (variation, etc., of time orders), 133(6) (revocations, etc., of return orders or transfer orders) or 135(4) (variation of conditional or suspended orders) shall be made by notice in Form 285.

(2) [[^f00277] Paragraph (5) of Rule 9] shall apply to a notice of application under paragraph (1) of this Rule.

Declarations

15

(1) An application for a declaration under section 142(1)(b) or 142(2) shall be made by notice in Form 285.

(2) [[^f00277] Paragraph (5) of Rule 9] shall apply to a notice of application under paragraph (1) of this Rule.

Issue of decree after conditional or suspended order

16

(1) Where in an order made by it in relation to a regulated agreement a court includes provisions of a type referred to in section 135(1)(a) or (b), the decree shall not issue until an affidavit has been lodged in the Office stating that—

(a) the condition specified by the court under section 135(1)(a) has been fulfilled; or

(b) the court has directed under section 135(1)(b)(i) that the order shall now operate; or

(2) Before issuing such a decree the chief clerk shall record thereon a certificate embodying the purport of such affidavit.

[ Forms of decree and orders

17

A decree or order made in proceedings under this Order shall be in such of Forms 286 to 291 as the circumstances of a particular case shall allow.]

Power to extend time to give notice of appeal from a decision of a magistrates’ court

6A

(1) An application for an extension of time under Article 144(2A) of the Magistrates’ Courts (Northern Ireland) 1981[^f00295] shall be made in writing, specifying the grounds of the application.

(2) The application under paragraph (1) shall be served on the chief clerk ... and at the same time a copy thereof shall be served by the applicant on every proposed respondent to the intended appeal.

(3) A party who receives a copy of an application under paragraph (1) and who wishes to oppose the application shall within 14 days notify the applicant and the chief clerk in writing, of his opposition, giving the reasons therefor.

(4) An application under paragraph (1) shall be determined by a judge who may direct a hearing and the chief clerk shall notify the parties of the time and place of any such hearing.

(5) The chief clerk shall give notice of the decision of the judge to—

(a) the applicant;

(b) the clerk of petty sessions ...; and

[ Application for special measures direction

6B

(1) Any party to an appeal arising out of criminal proceedings in a magistrates’ court may apply for a special measures direction under Article 7 of the 1999 Order by giving notice in Form 137A.

(2) If the application is for a special measures direction—

(a) enabling a witness to give evidence by means of a live link, the information sought in Part 2 of Form 137A shall be provided;

(b) enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the information sought in Part 3 of Form 137A shall be provided.

(3) An application under paragraph (1) shall be made within 14 days from the date of the service of notice of appeal from a decision of a magistrates’ court.

(4) The notice under paragraph (1) shall be served on the chief clerk ..., and at the same time a copy thereof shall be served by the applicant on every other party to the appeal.

(5) Any party on whom a copy of a notice under paragraph (1) is served may oppose the application for a special measures direction in respect of any measure available in relation to the witness, whether or not the question whether the witness is eligible for assistance by virtue of [[^f00297] Article 4 or 5) of the 1999 Order is in issue.

(6) Any party who wishes to oppose the application shall, within 7 days of the date the notice was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it.

(7) In order to comply with paragraph (6)—

(a) a party shall state in the written notification whether he—

(i) disputes that the witness is eligible for assistance by virtue of [[^f00298] Article 4 or 5) of the 1999 Order;

(ii) [^f00299] disputes that any of the special measures available would be likely to improve the quality of evidence given by the witness or that such measures (or a combination of them) would be likely to maximise the quality of that evidence; and]

(iii) opposes the granting of a special measures direction; and

(b) where the application relates to the admission of a video recording, a party who receives a recording shall provide the information required by Rule 6H(5).

(8) Except where notice is received in accordance with paragraph (6), the court may—

(a) determine the application in favour of the applicant without a hearing; or

(b) direct a hearing.

(9) Where a party to the appeal notifies the chief clerk in accordance with paragraph (6) of his opposition to the application, the court shall direct a hearing of the application.

(10) Where a hearing of the application is to take place in accordance with paragraph (8) or (9), the chief clerk shall notify each party to the appeal of the time and place of the hearing.

(11) A party notified in accordance with paragraph (10) may be present at the hearing and be heard.

(12) The chief clerk shall, as soon as reasonably practicable, notify all the parties of the decision in Form 137B, and if the application was made for a direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of that witness, the notification must state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence.

Application for an extension of time

6C

(1) Without prejudice to the generality of Order 43 Rule 10, an application may be made in writing for the period of 14 days specified in Rule 6B(3) to be extended.

(2) The application may be made either before or after that period has expired.

(3) The application shall be accompanied by a statement setting out the reasons why the applicant is or was unable to make the application within that period, and the application and the statement shall be served by the applicant on the chief clerk and on every other party to the appeal.

(4) An application for an extension of time under this Rule shall be determined by a [[^f00300] judge] without a hearing unless [[^f00300] the judge] otherwise directs.

(5) The chief clerk shall notify all the parties of [[^f00300] the judge’s] decision.]

[ Late applications

6D

(1) Notwithstanding the requirements of Rule 6B—

(a) an application for a special measures direction may be made orally at the hearing of the appeal; or

(b) the court may of its own motion raise the issue whether a special measures direction should be given.

(2) Where an application is made in accordance with paragraph (1)(a)—

(a) the applicant must state the reasons for the late application; and

(b) the court must be satisfied that the applicant was unable to make the application in accordance with Rule 6B.

(3) The court shall determine, before making a special measures direction—

(a) whether to allow other parties to the appeal to make representations on the question;

(b) the time allowed for making such representations (if any); and

Discharge or variation of a special measures direction

6E

(1) An application to discharge or vary a special measures direction under Article 8(2) of the 1999 Order shall be in writing and shall specify each material change of circumstances which the applicant alleges has occurred since the direction was made.

(2) An application under paragraph (1) shall be served, by the applicant, on the chief clerk and on each party to the appeal as soon as reasonably practicable after the change of circumstances occurs.

(3) Any party on whom the application is served in accordance with paragraph (2) may oppose the application on the ground that it discloses no material change of circumstances.

(4) Paragraphs (6) to (12) of Rule 6B shall apply to an application to discharge or vary a special measures direction as they apply to an application for a direction.

[ Application to dis apply or dis apply in part the primary rule

6EA

(1) An application to disapply or disapply in part the primary rule under Article 9(4)(ba) of the 1999 Order shall be made in writing and shall include such information as the court requires to make a determination.

(2) An application under paragraph (1) shall be served, by the applicant, on the chief clerk and on each party to the proceedings as soon as reasonably practicable after the witness has expressed that wish.

(3) Paragraphs (6) to (12) of Rule 6B shall apply to an application to disapply or disapply in part the primary rule as they apply to an application for a direction.]

Renewal application following a material change of circumstances

6F

(1) Where an application for a special measures direction has been refused by the court, the application may only be renewed (“renewal application”) where there has been a material change of circumstances since the court refused the application.

(2) The applicant shall—

(a) specify in the renewal application each material change of circumstances which is alleged to have occurred; and

(b) serve the renewal application on the chief clerk, and on each party to the appeal, as soon as reasonably practicable after the change occurs.

(3) Any party on whom the application is served in accordance with paragraph (2)(b) may oppose the application on the ground that it discloses no material change of circumstances.

(4) Paragraphs (6) to (12) of Rule 6B, Rules 6G and 6H apply to a renewal application as they apply to the application which was refused.

Application for special measures direction for witness to give evidence by means of a live link

6G

(1) Where the application for a special measures direction is made in accordance with Rule 6B(2)(a), for a witness to give evidence by means of a live link, the following provisions of this Rule shall also apply.

(2) [[^f00303] . . .] A party who seeks to oppose an application for [[^f00304] a child witness] to give evidence by means of a live link must, in order to comply with Rule 6B(6), state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness’s evidence.

[[^f00305] . . .]

Video recording of testimony from witnesses

6H

(1) Where an application is made for a special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the following provisions of this Rule shall also apply.

(2) Notice of the application made in accordance with Rule 6B(1) shall be accompanied by the video recording (or a copy of the video recording) which it is proposed to tender in evidence and shall include—

(a) the name of the appellant and the offence charged;

(b) the name and date of birth of the witness in respect of whom the application is made;

(d) a statement as to whether, and if so at what point in the video recording, an oath was administered to, or a solemn declaration made by, the witness;

(e) a statement that, in the opinion of the applicant, either—

(i) the witness is available for cross-examination; or

(ii) the witness is not available for cross-examination and the parties have agreed that there is no need for the witness to be so available;

(f) a statement of the circumstances in which the video recording was made which complies with paragraph (4); and

(g) the date on which the video recording was disclosed to the other party or parties.

(3) Where it is proposed to tender part only of a video recording of an interview with the witness, the application must specify that part and be accompanied by a video recording of the entire interview, including those parts which it is not proposed to tender in evidence, and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4).

(4) The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) shall include the following information, except in so far as it is contained in the recording itself:—

(a) the times at which the recording commenced and finished, including details of interruptions;

(b) the location at which the recording was made and the usual function of the premises;

(i) their name, age and occupation;

(ii) the time for which each person was present; and

(iii) the relationship, if any, of each person to the witness and to the appellant;

(ca) [^f00306] in relation to each person present at any point during the recording, a statement confirming that the said person when present is visible in the recording;]

(d) in relation to the equipment used for the recording—

(i) a description of the equipment;

(ii) the number of cameras used;

(iii) whether the cameras were fixed or mobile;

(iv) the number and location of the microphones;

(v) the video format used; and

(vi) whether it offered single or multiple recording facilities and, if so, which were used; and

(e) the location of the mastertape if the video recording is a copy and details of when and by whom the copy was made.

(5) A party who receives a copy of a recording under paragraph (2) shall within 7 days of date on which it was served on him, notify the applicant and the chief clerk, in writing—

(a) whether he objects to the admission under Article 15 of the 1999 Order of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted;

(b) whether he would agree to the admission of part of the video recording or recordings and if so, which part or parts; and

(6) Notwithstanding the provisions of Rule 6B and this Rule, a copy of any video recording which the appellant proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the hearing of the appeal.

(7) The court may determine an application by the appellant to tender in evidence a video recording even though a copy of the recording has not, in accordance with paragraph (6), been served upon the prosecutor.

(8) Where a copy of a video recording which is the subject of a special measures direction is sent to the prosecutor after the direction has been made, the prosecutor may apply to the court for the direction to be varied or discharged.

(9) An application under paragraph (8) may be made orally to the court.

(10) A prosecutor who makes an application under paragraph (8) shall state—

(a) why he objects to the admission under Article 15 of the 1999 Order of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted; and

(b) whether he would agree to the admission of part of the video recording or recordings and if so, which part or parts.

(11) The court shall, before determining the application:—

(a) direct a hearing of the application; and

(b) allow all the parties to the appeal to be present and be heard on the application.

(12) The chief clerk shall notify all parties to the appeal of the decision of the court as soon as reasonably practicable after the decision is given.

(13) Any decision varying a special measures direction must state whether the whole or specified parts of the video recording or recordings subject to the application are to be admitted in evidence.

Expert Evidence

6I

Any party to an appeal who proposes to adduce expert evidence (whether of fact or opinion) in connection with an application or renewal application for, or an application to vary or discharge, a special measures direction shall, not less than 14 days before the date set for the hearing at which the evidence is to be adduced—

(a) serve the other party or parties to the appeal with a statement in writing of any finding or opinion which he proposes to adduce by way of such evidence; and

(b) where a request is made to him in that behalf by any other party to the appeal, provide that party also with a copy of (or if it appears to the party proposing to adduce the evidence to be more practicable, a reasonable opportunity to examine) the record of any observation, test, calculation or other procedure on which such finding or opinion is based and any document or other thing or substance in respect of which any such procedure has been carried out.]

[ Evidence by live link by witness (other than the defendant)

6IA

(1) An application for a direction under Article 10 of the Criminal Justice (Northern Ireland) Order 2004 for a witness (other than the defendant) to give evidence through a live link shall be made by giving notice in writing which shall be in Form 137T.

(2) The application under paragraph (1) shall be made within 14 days from the date of the service of notice of appeal from a decision of a magistrates’ court.

(3) The notice under paragraph (1) shall be served on the chief clerk ..., and at the same time a copy thereof shall be served by the applicant on every other party to the appeal.

(4) Any party who wishes to oppose the application shall, within 7 days of the date that notice under paragraph (1) was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it.

(5) Except where notice is received in accordance with paragraph (4), the court may—

(a) determine the application in favour of the applicant without a hearing; or

(b) direct a hearing.

(6) Where a party to the appeal notifies the chief clerk in accordance with paragraph (4) of his opposition to the application, the court shall direct a hearing of the application.

(7) Where a hearing is to take place in accordance with paragraphs (5) or (6), the chief clerk shall notify each party to the appeal of the time and place of the hearing.

(8) A party notified in accordance with paragraph (7) may be present at the hearing and be heard.

(9) The chief clerk shall, as soon as reasonably practicable, notify all the parties of the decision in Form 137U, and, where a direction is given, the notification shall state—

(a) if known, the place where the witness will give evidence;

(b) where the witness is to give evidence on behalf of the prosecutor or where disclosure is required by section 6A(2) of the Criminal Procedure and Investigations Act 1996, the name of witness;

(d) any conditions specified by the court in accordance with paragraph (10).

(10) In determining an application under paragraph (1), the court may specify that as a condition of the direction, the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence.

Application for rescission of a direction

6IB

(1) An application to rescind a direction for a witness to give evidence through a live link under Article 11(5)(a) of Criminal Justice (Northern Ireland) Order 2004 shall be made in writing and shall specify each material change of circumstances which the applicant alleges has occurred since the direction was made.

(2) An application under paragraph (1) shall be served on the chief clerk and on every other party to the appeal as soon as is reasonably practicable after the change in circumstances occurs.

(3) Any party on whom a copy of the notice under paragraph (2) is served may oppose the application on the ground that it discloses no material change of circumstances.

(4) Paragraphs (4) to (9) of Rule 6IA shall apply to an application to rescind a live link direction as they apply to an application for a live link direction.]

[ Prohibition on cross-examination of particular witness

6J

(1) An application by the prosecutor for a direction under Article 24 of the 1999 Order in relation to any witness shall be made by giving notice in Form 137C to the chief clerk and at the same time the applicant shall serve a copy thereof on every other party to the appeal.

(2) In his application the prosecutor shall state why, in his opinion–

(a) the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the appellant in person;

(b) the evidence would be improved if a direction were given under Article 24(2) of the 1999 Order; and

(3) On receipt of the application, the chief clerk shall refer it—

(a) to a judge; or

(b) if the hearing of the appeal has started, to the judge hearing the appeal.

(4) Where a copy of a notice under paragraph (1) is served on a party to the appeal more than 14 days before the date set for the hearing of the appeal, that party may, within 14 days, make observations in writing in relation to the application to the chief clerk and shall serve a copy of such observations on every other party to the appeal.

(5) A party on whom a copy of a notice under paragraph (1) is served may notify the chief clerk and every other party to the appeal, in writing, of his opposition to the application and give reasons for it.

(6) Those reasons shall be notified—

(a) within 14 days of the date on which notice of the application was served on him, if that date is more than 14 days before the date set for the hearing of the appeal;

(b) if the hearing of the appeal has begun, in accordance with any directions issued by [[^f00309] the judge] hearing the appeal; or

(7) Where an application under paragraph (1) is made before the date set for the hearing of the appeal and the application—

(a) is not contested by any party to the appeal, the court may determine the application without a hearing;

(b) is contested by a party to the appeal, the court shall direct a hearing of the application.

(8) Where the application is made after the hearing of the appeal has begun—

(a) the application may be made orally; and

(b) [[^f00309] the judge] hearing the appeal may give such directions as he considers appropriate in order to deal with the application.

(9) Where a hearing of the application is to take place, the chief clerk shall notify each party to the appeal of the time and place of the hearing.

(10) A party notified in accordance with paragraph (9) may be present at the hearing and be heard.

(11) The chief clerk shall, as soon as reasonably practicable after the determination of an application made under paragraph (1), notify all the parties to the appeal of the decision and the reasons for it.

(12) A person making an oral application under paragraph (8)(a) shall—

(a) give reasons why the application was not made before the hearing of the appeal commenced; and

(b) provide the court with the information set out in paragraph (2).

Restrictions on cross-examination of witness by the accused person

6K

(1) This Rule and Rules 6L and 6M apply where an appellant is prevented from cross-examining a witness in person by virtue of Article 22, 23 or 24 of the 1999 Order.

(2) The court shall as early in the proceedings as is reasonably practicable—

(a) explain to the appellant that he is prevented from cross-examining a witness in person; and

(b) invite him to arrange for a legal representative to act for him for the purpose of cross-examining the witness.

(3) The appellant shall within 7 days of the court giving its explanation, or within such other period as the court may in any particular case allow, give notice to the chief clerk in writing as to whether or not he has arranged for a legal representative to act on his behalf.

(4) Where the appellant has arranged for a legal representative to act for him, the notice shall include details of the name and address of the representative.

(5) The chief clerk shall notify all other parties to the appeal of the name and address of any person appointed by the appellant to act on his behalf.

(6) Where the court gives its explanation under paragraph (2) to the appellant—

(a) within 7 days of the date set for the commencement of any hearing at which a witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies may be cross-examined, or

(b) after such a hearing has commenced;

the period of 7 days within which the appellant is required to give notice under paragraph (3) shall be reduced in accordance with any direction issued by the court.

(7) Where at the end of the period of 7 days or such other period as the court has allowed, the court has not received notice from the appellant under paragraph (3), it may grant the appellant an extension of time, whether of its own motion or on the application of the appellant.

(8) Before granting an extension of time, the court may direct a hearing at which all parties to the appeal may attend and be heard.

(9) Any extension of time shall be for such period as the court considers appropriate in the circumstances of the case.

(10) The decision of the court as to whether to grant the appellant an extension of time shall be notified to all parties to the appeal by the chief clerk in Form 137D.

Appointment by the court

6L

(1) Where the court decides, in accordance with Article 26(4) of the 1999 Order, to appoint a qualified legal representative, the chief clerk shall notify all parties to the appeal of the name and address of that representative.

(2) An appointment made by the court under Article 26(4) of the 1999 Order shall, except to such extent as the court may in any particular case determine, terminate at the conclusion of the cross-examination of any witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies.

Appointment arranged by the appellant

6M

(1) The appellant may arrange for the qualified legal representative, appointed by the court under Article 26(4) of the 1999 Order, to be appointed to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies.

(2) Where such an appointment is made—

(a) both the appellant and the qualified legal representative shall notify the court of the appointment in writing; and

(b) the qualified legal representative shall, from the time of his appointment, act for the appellant as though the arrangement had been made under Article 26(2)(a) of the 1999 Order and shall cease to be the representative of the court under Article 26(4) of the 1999 Order.

(3) Where the court receives notification of the appointment either from the qualified legal representative or from the appellant but not from both, the court shall investigate whether the appointment has been made, and if it concludes that the appointment has not been made, paragraph (2)(b) shall not apply.

(4) The appellant may, notwithstanding an appointment by the court under Article 26(4) of the 1999 Order, arrange for a legal representative to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under Article 22, 23 or 24 applies.

(5) Where the appellant arranges for, or informs the court of his intention to arrange for a legal representative to act for him, he shall notify the court in writing within such period as the court may allow, of the name and address of any person appointed to act for him.

(6) Where the court is notified within the time allowed that such an appointment has been made, any qualified legal representative appointed by the court in accordance with Article 26(4) of the 1999 Order shall be discharged.

(7) The chief clerk shall as soon as reasonably practicable after notification is received by the court, or where paragraph (3) applies, after the court is satisfied that the appointment has been made, notify all the parties to the appeal in Form 137E that—

(a) the appointment has been made;

(b) where paragraph (4) applies, of the name and address of the person appointed;

(c) that the person appointed by the court under Article 26(4) of the 1999 Order has been discharged or has ceased to act for the court.

Procedure for applications in proceedings for sexual offences

6N

(1) Subject to paragraph (10), an application under Article 28(2) of the 1999 Order for leave to adduce evidence of, or ask questions about, any sexual behaviour of the complainant shall be made by giving to the chief clerk notice in Form 137F and shall—

(a) be served on the chief clerk within 14 days from the date of the service of notice of appeal from a decision of a magistrates’ court; or

(b) be accompanied by a full written explanation specifying the reasons why the application could not have been served in accordance with sub-paragraph (a).

(2) An application in Form 137F shall contain the following—

(a) a summary of the evidence it is proposed to adduce and of the questions it is proposed to put to any witness;

(b) a full explanation of the reasons why it is considered that the evidence and questions fall within Article 28(3) or (5) of the 1999 Order;

(d) where it is proposed that a witness give evidence at the hearing of the appeal as to the complainant’s sexual behaviour, the name and date of birth of any such witness.

(3) A copy of the application under paragraph (1) shall be served, by the applicant, on every other party to the appeal at the same time as it is served on the chief clerk.

(4) The prosecutor shall notify the chief clerk and the other parties to the appeal in Form 137G—

(a) whether or not he opposes the application, giving reasons for any such opposition, and

(b) whether or not he wishes to be represented at any hearing of the application,

and where the notice of application is received by the prosecutor more than 14 days before the date set for the hearing of the appeal, the notification must be served by the prosecutor within 14 days of receipt.

(5) Where a copy of the application is received by a party to the appeal other than the prosecutor more than 14 days before the date set for the hearing of the appeal, that party may, within 14 days, make observations in writing in relation to the application to the chief clerk and shall serve a copy of such observations on every other party to the appeal.

(6) In considering any application under this Rule, the court may request a party to the appeal to provide the court with such information as it may specify in Form 137H and which the court considers would assist in determining the application.

(7) Where the court makes such a request, the person required to provide the information shall do so within 14 days of the court making the request or by such time as the court considers appropriate in the circumstances of the case.

(8) An application under paragraph (1) shall be determined by a [[^f00310] judge] following a hearing.

(9) The date and time of the hearing shall be—

(a) determined by the chief clerk after taking into consideration—

(i) any time which a party to the appeal has been given to respond to a request for information; and

(ii) the date fixed for any other hearing relevant to the appeal; and

(b) notified by the chief clerk to all the parties to the appeal.

(10) An application under Article 28(2) of the 1999 Order may be made orally to the court where the application is made after the hearing of the appeal has begun.

(11) The person making the application under paragraph (10) shall—

(a) give reasons why the appellant failed to make the application in accordance with paragraph (1); and

(b) provide the court with the information set out in paragraph (2).

(12) The chief clerk shall, as soon as reasonably practicable after the hearing of an application under paragraph (1), give notice of the decision of the court in Form 137I to all the parties to the appeal.]

[ Application for reporting direction

6NA

(1) An application by a party to an appeal arising out of criminal proceedings in a magistrates’ court for a reporting direction under section 46 of the 1999 Act in relation to a witness at that appeal may be made at any time after service of the notice of appeal by giving notice in Form 137J.

(2) The notice under paragraph (1) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party to the appeal.

(3) Any party who wishes to oppose the application shall, within 7 days of the date notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition, giving reasons for it.

(4) In order to comply with paragraph (3) a party shall state in the written notification whether he—

(a) disputes that the witness is eligible for protection under section 46 of the 1999 Act; and

(b) disputes that the granting of protection would be likely to improve the quality of evidence given by the witness or the level of co-operation given by the witness to any party to the proceedings in connection with the party’s preparation of its case.

Application for excepting direction

6NB

(1) An application for a direction under section 46(9) of the 1999 Act (“an excepting direction”) may be made at any time after the hearing of the appeal has begun if a reporting direction has been given by the court in respect of a witness at that appeal.

(2) The application under paragraph (1) may be made by—

(a) any party to the appeal; or

(b) any person who, although not a party to the appeal, is directly affected by a reporting direction given in relation to a witness in that appeal or could be so affected if the court in determining an application gave a reporting direction.

(3) An application for an excepting direction may be made—

(a) orally at the time the reporting direction is given; or

(b) by giving notice in Form 137K.

(4) An applicant for an excepting direction shall state why, in his opinion—

(a) the effect of the restrictions imposed (or which the applicant for the reporting direction seeks to have imposed) places a substantial and unreasonable restriction on the reporting of the proceedings; and

(b) it is in the public interest to remove or relax those restrictions.

(5) Where the application for an excepting direction is made in writing, the notice under paragraph (3)(b) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party or, as the case may be, every party to the appeal.

(6) Any party who wishes to oppose the application shall, within 7 days of the date notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition, giving reasons for it.

Variation or revocation

6NC

(1) An application to—

(a) revoke a reporting direction; or

(b) vary or revoke an excepting direction,

may be made at any time after the hearing of the appeal has begun.

(2) The application under paragraph (1) may be made by—

(a) any party to the appeal in which the direction was given; or

(b) any person who, although not a party to the appeal is, in the opinion of the court, directly affected by the direction.

(3) The application under paragraph (1) shall be made by giving notice in Form 137L which—

(a) shall specify the grounds upon which the applicant seeks to have the direction varied or, as the case may be, revoked; and

(b) shall be served, by the applicant, on the chief clerk and on every other party or, as the case may be, every party to the appeal.

(4) Any party who wishes to oppose the application shall, within 7 days of the date the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition, giving reasons for it.

Hearings

6ND

(1) Subject to paragraph (2), the court may—

(a) determine any application made under Rule 6NA, 6NB or 6NC without a hearing; or

(b) direct a hearing of any such application.

(2) Where a party to the appeal notifies the chief clerk of his opposition to an application under Rule 6NA, 6NB or, as the case may be, 6NC, the court shall direct a hearing of that application.

(3) Where a hearing of an application is to take place in accordance with this Rule, the chief clerk shall notify each party to the appeal of the time and place of the hearing.

(4) A party notified in accordance with paragraph (3) may be present at the hearing and be heard.

(5) Before determining an application, the court may hear and take into account representations made to it by any person who in the court’s opinion has a legitimate interest in the application before it.

(6) The chief clerk shall, as soon as reasonably practicable after the determination of an application under Rule 6NA, 6NB or 6NC, notify all the parties to the appeal of the decision of the court in Form 137M.

Notice required to accompany process served outside the United Kingdom

6NE

(1) The notice which by virtue of section 3(4)(b) of the 2003 Act shall accompany any process served outside the United Kingdom shall give the information specified in paragraphs (2) and (4).

(2) The notice shall—

(a) state that the person required by the process to appear as a party or attend as a witness may obtain information about his rights in connection with such requirement from the relevant authority; and

(b) give the particulars specified in paragraph (4) about that authority.

(3) The “relevant authority” where the process is served—

(a) at the request of the prosecuting authority, is that prosecuting authority;

(b) at the request of the appellant, or of the prosecutor in the case of a private prosecution, is the court by which the process is served.

(4) The particulars referred to in paragraph (2) are—

(a) the name and address of the prosecuting authority or, as the case may be, the court, together with its telephone and fax numbers and e-mail address;

(b) the name of a person at the prosecuting authority or, as the case may be, the court who can provide the information referred to in paragraph (2)(a), together with his telephone and fax numbers and e-mail address.

(5) Where section 3(3) of the 2003 Act applies, the chief clerk shall require any process served outside the United Kingdom to be accompanied by—

(a) any translation which is provided under section 3(3)(b) of the 2003 Act; and

(b) any translation of the information required to be given by this Rule which is provided to him.

Proof of service outside the United Kingdom

6NF

(1) The service on any person under section 4(1) of the 2003 Act of any process issued or made may be proved in any proceedings by a certificate given by or on behalf of the Secretary of State.

(2) A statement in any such certificate as is mentioned in paragraph (1)—

(a) that a process has been served;

(b) of the manner in which service was effected;

shall be admissible as evidence of any facts so stated.]

[ Procedure for the admission of evidence of bad character

6NG

(1) A party to an appeal arising out of criminal proceedings in a magistrates’ court who wants to adduce evidence of a non-appellant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 5 of the 2004 Order, shall give notice in Form 137N.

(2) Notice under paragraph (1) shall be served on the chief clerk ... and on every other party to the appeal within 14 days from the date of the service of notice of appeal from the decision of a magistrates’ court.

(3) Any party who wishes to oppose the application under paragraph (1) shall, within 14 days from the date on which notice of the application was served on him, notify the chief clerk and every other party to the appeal, in Form 137O, of his opposition.

(4) A party to an appeal arising out of criminal proceedings in a magistrates’ court who wants to adduce evidence of an appellant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 6 of the 2004 Order, shall give notice in Form 137P.

(5) Notice under paragraph (4) shall be served on the chief clerk ... and on every other party to the appeal within 14 days from the date of the service of notice of appeal from the decision of a magistrates’ court.

(6) An application by an appellant to exclude bad character evidence shall be in Form 137Q and shall be served on the chief clerk ... and on every other party to the appeal within 7 days from the date on which the notice under paragraph (4) was served on him.

(7) An appellant who is entitled to have a notice served on him under this Rule may waive his entitlement by so informing the court and the party who would have served the notice.

(8) Without prejudice to the generality of Order 43 Rule 10, the court may, if it considers that it is in the interests of justice to do so,—

(a) allow a notice or application required under this Rule to be given in a different form or orally; or

(b) abridge or extend the time for service of a notice or application required under this Rule, either before or after that period expires.

Procedure for the admission of hearsay evidence

6NH

(1) This Rule shall apply where a party to an appeal arising out of criminal proceedings in a magistrates’ court wishes to adduce evidence on one or more of the grounds set out in Article 18(1)(a) to (d) of the 2004 Order and in this Rule, such evidence is referred to as “hearsay evidence”.

(2) A party who wishes to adduce hearsay evidence shall give notice in Form 137R.

(3) Notice under paragraph (2) shall be served on the chief clerk ... and on every other party to the appeal within 14 days from the date of the service of notice of appeal from the decision of a magistrates’ court.

(4) Any party who wishes to oppose the admission of hearsay evidence under paragraph (2) shall, within 14 days from the date on which notice was served on him, notify the chief clerk and every other party to the appeal, in Form 137S, of his opposition.

(5) A party who is entitled to have notice served on him under this Rule may waive his entitlement by so informing the court and the party who would have served the notice.

(6) Without prejudice to the generality of Order 43 Rule 10, the court may, if it considers that it is in the interests of justice to do so,—

(a) dispense with the requirement to give notice of intention to adduce hearsay evidence;

(b) allow a notice required under this Rule to be given in a different form, or orally; or

(c) abridge or extend the time for service of a notice required under this Rule, either before or after that period expires.]

[ APPEALS IN SMALL CLAIMS CASES

PART IIB — APPEALS IN SMALL CLAIMS CASES

6O

(1) An appeal under Article 30(4)(ab) of the Order shall be brought by Notice of Appeal in Form 130 and shall set out the question of law which is the subject of the appeal and the grounds upon which the appellant relies.

(2) The Notice of Appeal shall, within twenty one days from the date the order, decision or determination was made, be served by the appellant on the chief clerk and on the Respondent and any other party to the proceedings.

(3) The Respondent may within twenty one days from the date of the Notice of Appeal, serve on the chief clerk and the appellant and any other party to the proceedings a notice in Form 131 setting out whether or not he opposes the appeal and the grounds on which he relies.

(4) The judge may give such directions as he considers appropriate in relation to the appeal including if it is to be by way of rehearing and the chief clerk shall notify the parties accordingly.

(5) The decision on the appeal shall be notified by the chief clerk to the parties in Form 131A.]

PART III — INTERPRETATION

Interpretation

7

In this Order the expression—

[[^f00314] “the 2003 Act” means the Crime (International Co-operation) Act 2003;] and

[[^f00314] “the 1999 Act” means the Youth Justice and Criminal Evidence Act 1999;].

“the 1999 Order” means the Criminal Evidence (Northern Ireland) Order”.

[[^f00315] “the 2004 Order” means the Criminal Justice (Evidence) (Northern Ireland) Order 2004;].

“enactment” means an Act or statutory instrument or any provision of an Act or statutory instrument;

[[^f00314] “process” has the same meaning as in section 51(3) of the 2003 Act;].

“Supreme Court” includes any division or [[^f00316]judge] of that Court;

“tribunal” means any court, authority, body or person making the order.

[ Claim for interest

1A

The sum for which a decree or award for debt or damages is granted or made in proceedings [[^f00318] . . .] may include interest down to the date of the decree or award, provided—

(a) that the amount claimed as interest appears from the particulars of claim set out in the civil bill, [[^f00319] application for arbitration or other originating process] calculated to the date of issue thereof; and

(b) in proceedings for either debt or damages, where interest is claimed under Article 45A of the Order, that the rate of interest is not higher than that payable on decrees in accordance with Rule 2.]

Interest on amount awarded by decree

Recovery of value added tax

Lodgment of decree

Amounts for which decree issued to be in decimal currency

Issue of decree

Decrees for debt or damages

Decrees for recovery of land

Stay of execution of decrees in ejectment

Stay of execution and removal thereof

Decree for balance of rent and costs under section 61 of the Landlord and Tenant Law Amendment Act, Ireland, 1860

Decree for payment of legacy or a distributive portion of the assets of an intestate

Decrees in action [ for wrongful interference with goods]

Decree rectifying or setting aside deed

Order for preparation and execution of a deed

Sale of land

Sale of personal property

Form of affidavit of value

Proof of payment of duty payable

Order of High Court

SECTION 1 — ENFORCEMENT OUTSIDE THE UNITED KINGDOM

Interpretation of section 1

11

In this section “the Act of 1933” means the Foreign Judgments (Reciprocal Enforcement) Act 1933, “the Act of 1982” means the Civil Jurisdiction and Judgments Act 1982 and expressions which are defined in those Acts have the same meaning in this section as they have in those Acts.

Application under s. 10 of the Act of 1933 for certified copy of county court decree

12

(1) An application under section 10 of the Act of 1933 for a certified copy of a county court decree may be made by producing to the chief clerk either the original decree or a copy thereof, and filing an affidavit, made by the solicitor of the party entitled to enforce the decree, or by the party himself, if he is acting in person.

(2) An affidavit by which an application under section 10 of the Act of 1933 is made must—

(a) give particulars of the proceedings in which the decree was obtained;

(b) have annexed to it evidence of service on the defendant of the civil bill or other process by which the proceedings were begun and a statement of the grounds on which the decree was based;

(d) show that the decree is not subject to any stay of enforcement;

(e) state that the time for appealing has expired, or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the decree has been given or an application for a re-hearing has been made;

(f) state whether interest is recoverable on the decree or part thereof and, if so, the rate and period in respect of which it is recoverable; and

(g) exhibit, where application for enforcement of the decree has previously been made to the Enforcement of Judgments Office, a certificate signed by the Chief Enforcement Officer, or his deputy stating the amount remaining unsatisfied under the decree.

(3) The certified copy of the decree shall be a sealed copy endorsed with a certificate signed by the chief clerk certifying that the copy is a true copy of a decree obtained in the county court and that it is issued in accordance with section 10 of the Act of 1933.

(4) There shall also be issued a sealed certificate in Form 295 signed by the chief clerk and having annexed to it a copy of the civil bill or other process by which the proceedings were begun and stating—

(a) the manner in which the civil bill or other process was served on the defendant, or that the case was defended or the defendant gave notice of counterclaim;

(b) what objections, if any, were made to the jurisdiction;

(d) the grounds on which the decree was based;

(e) that the time for appealing has expired or, as the case may be, the date on which it will expire;

(f) whether notice of appeal against the decree has been given or an application for a re-hearing has been made;

(g) whether interest is recoverable on the decree or part thereof and, if such be the case, the rate of interest, the date from which interest is recoverable, and the date on which interest ceases to accrue; and

(h) such other particulars as it may be necessary to give to the court in the foreign country in which it is sought to obtain enforcement of the decree.

Application under s. 12 of the Act of 1982 for certified copy of county court decree

13

(1) An application under section 12 of the Act of 1982 for a certified copy of a county court decree may be made by producing to the chief clerk either the original decree or a copy thereof, and filing an affidavit made by the solicitor of the party entitled to enforce the decree, or by the party himself, if he is acting in person.

(2) An affidavit by which an application under section 12 of the Act of 1982 is made must—

(a) give particulars of the proceedings in which the decree was obtained;

(b) have annexed to it evidence of service on the defendant of the civil bill or other process by which the proceedings were begun and a statement of the grounds on which the decree was based together with, where appropriate, any document under which the applicant is entitled to legal aid or assistance by way of representation for the purposes of the proceedings;

(d) show that the decree is not subject to any stay of enforcement, and that a copy of the decree has been served on the party against whom it was given in accordance with section 24(2) of the Interpretation Act (Northern Ireland) 1954 or in such other manner as the court may have directed;

(e) state that the time for appealing has expired, or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the decree has been given or an application for a re-hearing has been made;

(f) state—

(i) whether the decree provides for the payment of a sum or sums of money,

(ii) whether interest is recoverable on the decree or part thereof and, if such be the case, the rate of interest, the date from which interest is recoverable, and the date on which interest ceases to accrue; and

(g) exhibit, where application for enforcement of the decree has previously been made to the Enforcement of Judgments Office, a certificate signed by the Chief Enforcement Officer or his deputy certifying that the decree has not been enforced or, where appropriate, the amount remaining unsatisfied under the decree.

(3) The certified copy of the decree shall be a sealed copy and there shall be issued with the copy of the decree a sealed certificate in Form 296 signed by the chief clerk and having annexed to it a copy of the civil bill or other process by which the proceedings were begun.

SECTION 2 — ENFORCEMENT IN OTHER PARTS OF THE UNITED KINGDOM

Interpretation of section 2

14

In this section—

“the Act of 1982” means the Civil Jurisdiction and Judgments Act 1982,

“money provision” means a provision in any decree to which section 18 of the Act applies for the payment of one or more sums of money,

“non-money provision” means a provision in any decree to which section 18 of the Act of 1982 applies for any relief or remedy not requiring payment of a sum of money.

Application for certificate of money provision

15

(1) A certificate in respect of any money provision contained in a county court decree may be obtained by producing to the chief clerk either the original decree or a copy thereof, and filing an affidavit made by the solicitor of the party entitled to enforce the decree, or by the party himself if he is acting in person, together with a certificate in Form 297.

(2) An affidavit by which an application under paragraph (1) is made shall—

(a) give particulars of the decree, stating the sum or aggregate of the sums (including any cost or expenses) payable and unsatisfied under the money provision, the rate of interest, if any, applicable and the date or time from which any such interest began to accrue;

(b) exhibit, where application for enforcement of the decree has previously been made to the Enforcement of Judgments Office, a certificate signed by the Chief Enforcement Officer or his deputy stating the amount remaining unsatisfied under the money provision;

(c) verify that the time for appealing against the decree has expired, or that any appeal brought or application for re-hearing has been finally disposed of and that enforcement of the decree is not stayed; and

(d) state to the best of the information or belief of the deponent the usual or last known address of the party entitled to enforce the judgment and of the party against whom the judgment is enforceable.

(3) The chief clerk shall endorse on the certificate—

(a) the number of the civil bill;

(b) the amount remaining due on the decree according to the books of the court and, where appropriate, the certificate referred to in paragraph (2)(b);

(c) the rate of interest payable on the judgment debt, and the date or time from which any such interest began to accrue;

(d) a note of the costs, if any, allowed for obtaining the certificate; and

(e) the date on which the certificate is issued.

Application for certified copy of decree containing non-money provision

16

(1) A certified, copy of a county court decree which contains any non-money provision may be obtained by producing to the chief clerk either the original decree or a copy thereof, and filing an affidavit made by the solicitor of the party entitled to enforce the decree, or by the party himself, if he is acting in person.

(2) The requirements in paragraph (2).of rule 15 shall apply with the necessary modifications to an affidavit made in an application under paragraph (1) of this rule.

(3) The certified copy of the decree shall be a sealed copy to which shall be annexed a certificate in Form 298 signed by the chief clerk and stating that the conditions specified in paragraph 3(a) and (b) of Schedule 7 to the Act of 1982 are satisfied in relation to the decree.

Record and effect of issuing a copy decree or a certificate

17

Where a certified copy of a decree or a certificate is issued by a chief clerk under this Part, he shall make on the minute of the decree a memorandum of having issued the copy decree or certificate, and thenceforth no further proceeding shall be taken or had upon such decree in the court issuing the copy decree or certificate until [[^f00357] the judge] or chief clerk, upon being satisfied by affidavit or otherwise that no further proceedings are pending or can be taken on the copy decree or certificate in any other court and that the decree is still unsatisfied in whole or in part, orders that the decree may be acted on as if the copy decree or certificate had not been issued.]

PART VI — MEDIATION DIRECTIVE

Application and interpretation

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mediation settlement enforcement orders

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mediation settlement enforcement orders: foreign currency

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mediation evidence: disclosure or inspection

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mediation evidence: witnesses and depositions

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ PART VII — RECOVERY OF SUMS PAYABLE UNDER COMPROMISES UNDER THE INDUSTRIAL TRIBUNALS (NORTHERN IRELAND) ORDER 1996 AND THE FAIR EMPLOYMENT AND TREATMENT (NORTHERN IRELAND) ORDER 1998

Conciliation: recovery of sums payable under compromises

23

(1) An application under Article 21A(4) of the Industrial Tribunals (Northern Ireland) Order 1996 or under Article 88A(4) of the Fair Employment and Treatment (Northern Ireland) Order 1998 shall be made not later than 14 days from the date of issue of the certificate stating that a compromise has been reached.

(2) An application under Article 21A(4) of the Industrial Tribunals (Northern Ireland) Order 1996 or under Article 88A(4) of the Fair Employment and Treatment (Northern Ireland) Order 1998 is pending for the purposes of paragraph (7) of those articles from the date on which it is lodged with the court until the date upon which final judgment on the application has been entered.]

[ Quality and size of paper

[ Date when documents served by post deemed to be served

19A

(1) Where a civil bill or any other document is served by ordinary first class post under these Rules, unless the contrary is proved, the document shall be deemed to have been served on the [[^f00378] seventh business day] after posting (excluding the day of posting).

(2) In this Rule “business day” has the same meaning as in Rule 27.]

Documents to be free from erasures and alterations

Production of documents in custody of the chief clerk

Bail

Equity practice

Searches

Instructing solicitor to attend counsel

Proceedings by and against the Crown

[ Service by FAX

27

(1) In this Rule:

(a) “FAX” means the making of a facsimile copy of a document by the transmission of electronic signals;

(b) “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a public holiday.

(2) Any document the service of which by post is permitted in these Rules other than a civil bill, petition, summons, notice or other document required or authorised to be served for the purposes of initiating any proceedings in a county court may be served by FAX in accordance with paragraphs (3) and (4).

(3) Service by FAX may be effected where—

(a) the party serving the document acts by a solicitor;

(b) the party on whom the document is served acts by a solicitor and service is effected by transmission to the business address of such a solicitor;

(c) the solicitor acting for the party on whom the document is served has indicated in writing to the solicitor serving the document that he is willing to accept service by FAX at a specified FAX number and the document is transmitted to that number; and for this purpose the inscription of a FAX number on the writing paper of a solicitor shall be deemed to indicate that such solicitor is willing to accept service by FAX at that number in accordance with this paragraph unless he states otherwise in writing; and

(d) as soon as practicable after service by FAX the solicitor acting for the party serving the document despatches a copy of it to the solicitor acting for the other party by any of the other methods prescribed for service in these Rules, and if he fails to do so, the document shall be deemed never to have been served by FAX.

(4) Where the FAX is transmitted on a business day before 4.00pm it shall, unless the contrary is shown, be deemed to be served on that day, and, in any other case, on the business day next following.]

[ Service by DX

28

(1) Service of any document, not being a document which by virtue of any provisions of these Rules is required, to be served personally, or a document to which Order 6 Rule 3 applies, may be effected, where—

(a) the proper address for service includes a numbered box at a document exchange, or

(b) there is inscribed on the writing paper of the party on whom the document is served (where such party acts in person) or on the writing paper of his solicitor (where such party acts by a solicitor) a document exchange box number and such a party or his solicitor (as the case may be) has not indicated in writing to the party serving the document that he is unwilling to accept service through a document exchange by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange, and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.

(2) In this Rule “business day” has the same meaning as in Rule 27 and “document exchange” means any document exchange for the time being approved by the Lord Chancellor.]

[ Investment of money recovered by person under disability

3

(1) In this Part, the expression—

“authorised unit trust scheme” has the meaning assigned by section 237(3) of the Financial Services and Markets Act 2000;

“debenture” includes debenture stock and bonds, whether constituting a charge on assets or not, and loan stock or notes;

“fixed-interest securities” means securities which under the terms of issue bear a fixed rate of interest;

“gilt unit trust scheme” means an authorised unit trust scheme, or a recognised scheme, the objective of which is—to invest at least 90% of the property of the scheme in loan stock, bonds or other instruments creating indebtedness which—are transferable; andare issued or guaranteed by the Government of the United Kingdom or of any other country or territory, by a local authority in the United Kingdom ..., or by an international organisation the members of which include the United Kingdom ...;to invest the remainder of the property of the scheme in shares, debentures or other instruments creating or acknowledging indebtedness, certificates representing securities or units in a collective investment scheme.Sub-paragraphs (a) and (b) must be read with—section 22 of the Financial Services and Markets Act 2000;any relevant Order under that section; andSchedule 2 to that Act;

“investment trust company” has the meaning assigned by section 842 of the Income and Corporation Taxes Act 1988;

“securities” includes shares, debentures, Treasury Bills and Tax Reserve Certificates;

“share” includes stock;

“Treasury Bills” includes bills issued by Her Majesty’s Government in the United Kingdom and Northern Ireland Treasury Bills;

“variable-interest securities” means securities which under the terms of issue bear a variable rate of interest.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ Judge’s or district judge’s as the case may be] powers as to service and representation

Applications under Article 31(1)(i)

Requirements for plans to be attached to notice of application

Copies of notices for sub-divisional commander to be lodged at police station within police sub-division

PART V — REGISTRATION OF CLUBS

Application for the registration of a club

8

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Notice of application in accordance with Article 5 of and paragraph 1(1)(a) of Schedule 2 to the Registration of Clubs Order shall be in Form 305.

(3) Notice of application in accordance with Article 5 of and paragraph 1(1)(b), (c) and (d) of Schedule 2 to the Registration of Clubs Order shall be in Form 306.

(4) Where it is intended to apply to the court which grants the registration of a club for the grant of a children’s certificate under Article 33 of the Registration of Clubs Order, such intention shall be stated in the notice of application referred to at paragraphs (2) and (3) above and the said notice of application shall be accompanied by a plan of the premises delineating the part thereof for which the certificate is sought.

(5) A person intending to make an application for the grant of registration of a club shall, in addition to complying with paragraph 1(1)(b), (c) and (d) of Schedule 2 to the Registration of Clubs Order, serve a copy of the notice upon the clerk of petty sessions ....

(6) A notice published in the newspapers as required by paragraph 1(1)(b) of Schedule 2 to the Registration of Clubs Order shall—

(a) include a reference to the requirement that any person owning or residing or carrying on business in premises in the vicinity of the premises of the club for which the registration is sought who intends to object to the grant of registration must, in accordance with paragraph 4 of Schedule 2 to the Registration of Clubs Order, serve notice of his intention to object on the club and the chief clerk not less than one week before the time of the opening of the court sittings at which the application is to be made;

(b) state that the permissible grounds of objection are any of the grounds specified in Article 5(5) and (6) of the Registration of Clubs Order.

Objection to the registration of a club or the granting of a children’s certificate

9

(1) Notice of intention to object to the registration of a club, in accordance with paragraphs 3 and 4 of Schedule 2 to the Registration of Clubs Order, shall be in Form 307.

(2) Notice of intention to object to the granting of a children’s certificate, in accordance with paragraphs 6 and 7 of Schedule 2 to the Registration of Clubs Order, shall be in Form 307A.

PART VI — MODIFICATION OF THE LICENSING ORDER AND THE REGISTRATION OF CLUBS ORDER

Modifications to the Licensing (Northern Ireland) Order 1996 and the Registration of Clubs (Northern Ireland) Order 1996

10

(1) Schedule 1 to the Licensing Order shall have effect as if after paragraph 7 thereof there were added the following paragraphs—

(7A) Where, in accordance with paragraph 7, a person has included notice of his intention to apply for an order under Article 43, 44 or 48 or for a children’s certificate in the notices mentioned in paragraph 1 - a sub-divisional commander upon whom notice is required by paragraph 1 to be served; - the district council mentioned in that paragraph; or - any person owning, or residing, or carrying on business in premises in the vicinity of the premises to which the application relates may appear at the hearing of the application and object to the court making an order or, as the case may be, to the grant of a certificate— (a) in the case of an application under Article 43, on any ground mentioned in Article 43(2); (b) in the case of an application under Article 44, on any ground mentioned in Article 44(1) and (3); (c) in the case of an application under Article 48, on any ground mentioned in Article 48(2); (d) in the case of an application under Article 59, on any ground mentioned in Article 59(2) (7B) A person intending to object under paragraph 7A shall, not less than 1 week before the time of the court sitting at which the application is to be made— (a) serve upon the applicant notice of his intention to object, briefly stating his grounds for so doing; and (b) serve a copy of the notice upon the chief clerk.

(2) Schedule 2 to the Registration of Clubs Order shall have effect as if after paragraph 5 thereof there were added the following paragraphs—

(6) Where, in accordance with paragraph 5, a person has included notice of his intention to apply for a children’s certificate in the notices mentioned in paragraph 1 - the sub-divisional commander mentioned in paragraph 1(1)(a)(i); - the district council mentioned in paragraph 1(1)(a)(ii); or - any person owning, or residing, or carrying on business in premises in the vicinity of the premises to which the application relates may appear at the hearing of the application and object to the grant of the certificate on any ground mentioned in Article 33(2). (7) A person intending to object under paragraph 6 shall, not less than 1 week before the time of the court sitting at which the application is to be made— (a) serve upon the applicant notice of his intention to object, briefly stating his grounds for so doing; and (b) serve a copy of the notice upon the chief clerk.]

[ PART VII — APPLICATIONS FOR GRANT OF BOOKMAKING OFFICE LICENCES

Notices of Application

11

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An application in accordance with Articles 12(1) or 14(1) of, and Schedule 2 to, the Betting, Gaming, Lotteries and Amusements Order for the grant or, as the case may be, for the provisional grant of a bookmaking office licence shall be in Form 211A and have attached a plan of the premises for which the licence is sought or, as the case may be, a plan of the premises for which the provisional licence is sought showing the premises as they will be when their construction, alteration or extension has been completed.

(3) An application in accordance with Article 14(7) of the Betting, Gaming, Lotteries and Amusements Order to have the provisional grant of a bookmaking office licence declared final shall be in Form 211B and the applicant shall attach the provisional licence to the notice for the purposes of Article 14(10) of the Betting, Gaming, Lotteries and Amusements Order.

(4) An application for the consent of the court under Article 14(6) of the Betting, Gaming, Lotteries and Amusements Order to the modification of plans at any time before a bookmaking office licence provisionally granted has been declared final shall be in Form 211C and—

(a) not less than three weeks before the time of opening of the court sitting at which the application is to be heard, served on the chief clerk and on the district commander of the police district in which the premises are or are to be situated and on the district council for the district in which the premises are or are to be situated; and

(b) have attached a copy of the modified plan of the premises clearly showing the proposed modifications.

Objection to the grant of a bookmaking office licence

12

Notice of intention to object, in accordance with paragraph 4 of Schedule 2 to the Betting, Gaming, Lotteries and Amusements Order, to the grant or provisional grant, as the case may be, of a bookmaking office licence shall be in Form 211D.

Newspaper notice

13

A notice published in the newspapers as required by paragraph 1 or paragraph 6 of Schedule 2 to the Betting, Gaming, Lotteries and Amusements Order shall be in Form 211A.]

Applications by tenants for compensation under Article 20 or the Order

[ ORDER 50A — Parental orders under section [ 54] of the Human Fertilisation and Embryology Act [ 2008]

[ Interpretation

1

(1) In this Order unless the context otherwise requires—

“the 1990 Act” means the Human Fertilisation and Embryology Act 1990 and expressions which are defined in the 1990 Act have the same meaning as in that Act;

“the 2008 Act” means the Human Fertilisation and Embryology Act 2008 and expressions which are defined in the 2008 Act have the same meaning as in that Act;

“the 1987 Order” means the Adoption (Northern Ireland) Order 1987 and expressions which are defined in the 1987 Order have the same meaning as in that Order;

“the birth mother” means the woman who carried the child;

“the other parent” means any person, other than the birth mother, who is a parent of the child but is not one of the petitioners and includes any man who is the father by virtue of section 35 of the 2008 Act or any woman who is a parent by virtue of section 42 or 43 of the 2008 Act;

“the birth parents” means the birth mother and the other parent.]

(2) The notes appended to Forms 389 to 395 do not form any part thereof and are appended only for the purpose of assisting in their proper completion.

Commencement of proceedings

2

(1) An application for a parental order shall be commenced by petition in Form 389.

(2) The petitioners shall be the [[^f00415] the persons who may apply for a parental order pursuant to section 54 of the 2008 Act] and the respondents shall be the birth parents (except where the petitioners seek to dispense with their consent) and any other persons or body in whom the parental rights and duties relating to the child are vested at the time of the application.

(3) The court may at any time direct that any other person or body be made a respondent to the application.

(4) On filing the petition the petitioners shall pay the appropriate fee and supply three copies of the petition together with any other documents required to be supplied under this Order.

Appointment of guardian ad litem

3

(1) As soon as practicable after the petition has been filed the chief clerk shall appoint a guardian ad litem of the child and shall send to him a copy of the petition together with any documents attached thereto.

(2) The guardian ad litem shall be an officer of a Board or of an HSC trust or a person employed by such other organisation as the Department may approve.

Duties of guardian ad litem

4

(1) With a view to safeguarding the interests of the child before the court the guardian ad litem shall—

(a) investigate so far as is reasonably practicable the matters set out in [[^f00416] section 54(1) to (8) of the 2008 Act]; and

(b) so far as he considers necessary, investigate any matter contained in the petition or other matter which appears relevant to the making of a parental order.

(2) On completing his investigations the guardian ad litem shall make a report in writing to the court, drawing attention to any matters which, in his opinion, may be of assistance to the court in considering the application and shall notify the petitioners that he has done so.

(3) The guardian ad litem shall also perform, at any time before the final determination of the application, such other duties as appear to him to be necessary or as the court may direct.

(4) With a view to obtaining the directions of the court on any matter, the guardian ad litem may at any time make such interim report to the court as appears to him to be necessary and in such a case the chief clerk shall notify the petitioners.

(5) The guardian ad litem shall attend any hearing of the application if so required by the court.

(6) Any report made to the court under this rule shall be confidential.

Agreement

5

(1) Any document signifying the agreement of the birth parents to the making of a parental order shall be in Form 390 and shall, if executed in Northern Ireland, be witnessed by a now lay magistrate.

(2) If the document is executed before the commencement of proceedings, it shall be filed with the petition.

(3) If the document is executed outside Northern Ireland it shall be witnessed by one of the persons specified in rule 6(2), (3) or (4) of Order 50.

Notice of hearing

6

(1) As soon as practicable after being notified by the guardian ad litem that he has made his report to the court, the petitioners shall apply to the chief clerk to fix a date for the hearing of the application.

(2) On an application under paragraph (1) the chief clerk shall fix a date and time for the hearing and shall take account of any directions given under paragraph (5).

(3) The chief clerk shall inform the petitioners and the guardian ad \item of the date and time fixed for hearing and the petitioners shall serve notice of the hearing in Form 391 on all the parties and any Board, HSC trust or voluntary organisation which has at any time provided accommodation for the child.

(4) If the petitioners have no solicitor acting for them the notice in Form 391 shall be signed by the chief clerk.

(5) Anyone wishing to object to the making of a parental order, shall within 14 days of the date of service on him of the notice of hearing give the chief clerk written notice of his intention to object in Form 392.

(6) If at any stage before the hearing of the application it appears to the court that directions for the hearing are required the court may give such directions as it considers necessary.

Objections

7

(1) Where the chief clerk receives notice of objection under rule 6(5) he shall notify [[^f00417] the judge], the petitioners (or their solicitor) and the guardian ad litem, and [[^f00417] the judge] shall direct what steps are to be taken.

(2) [[^f00417]The judge] may direct that the person who served notice of objection shall appear before him in his chambers on a date fixed by him and upon hearing the nature of or grounds for objection made by him or his legal representative on his behalf make such direction or order as appears just.

The hearing

8

(1) On the hearing of the petition, any person upon whom notice is required to be served under rule 6 may attend and be heard on the question whether a parental order should be made.

(2) Any member or employee of a party which is an organisation or authority may address the court if he is duly authorised in that behalf.

(3) The court shall not make a parental order except after the personal attendance before it of the petitioners.

(4) If there are special circumstances which, having regard to the report of the guardian ad litem, appear to the court to make the attendance of any other person necessary or desirable, the court may direct that that person shall attend.

Proof of identity of child, etc.

9

Where the child who is the subject of the application is identified in the petition by reference to a birth certificate which is the same, or relates to the same entry in the Register of Births, as a birth certificate exhibited to a form of agreement, the child so identified shall be deemed, unless the contrary appears, to be the child to whom the form of agreement refers.

Notices and copies of orders etc.

10

(1) A parental order shall be made in Form 393.

(2) Within 14 days of the making of the parental order the chief clerk shall forward to the Registrar General a sealed copy thereof by registered post or by the recorded delivery service in an envelope marked “Confidential”.

(3) Where a parental order is made or refused the chief clerk shall serve notice to that effect on every respondent.

(4) A copy of a parental order may be supplied to the petitioners.

(5) A copy of a parental order may be supplied to any other person with the leave of the court.

Application, in respect of removal of, or for return of, child

11

(1) An application under Article 28,(1) or 30(1) or (2) of the 1987 Order shall be made by sending notice of application in Form 394 to the chief clerk.

(2) Subject to paragraph (4), the chief clerk shall serve a copy of the notice of application, together with a notice of the date of hearing on all the parties to the proceedings in respect of the relevant parental order, on an guardian ad litem appointed at the date of the application and on any other person or body, not being the child, as the court thinks fit.

(3) Anyone who wishes to object to the application shall, within 14 days of the service of the application on him, send written notice of his objection to the chief clerk.

(4) The chief clerk shall serve a copy of the written notice of objection on each person served with a copy of the application.

(5) The court may at any time give directions, as to the appointment of a guardian ad litem of the child or, as to the conduct of the application under this rule.

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