Judicature (Northern Ireland) Act 1978

• (6) Any reference in any statutory provision to a recognizance shall include, unless the context otherwise requires, a reference to any other description of security given instead of a recognizance, whether in pursuance of subsection (5)(a) or otherwise.

• (7) The Crown Court, on issuing a warrant for the arrest of any person, may endorse the warrant for bail, and in any such case—

• (a) the person arrested under the warrant shall, unless the Crown Court otherwise directs, be taken to a police station, and

• (b) the officer in charge of the station shall release him from custody if he, and any sureties required by the endorsement and approved by the officer, enter into recognizances of such amount as may be fixed by the endorsement.

• (8) A person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court shall be brought forthwith before either the Crown Court or any magistrates’ court, and if he is brought before a magistrates’ court—

• (a) the court shall commit him in custody or release him on bail until he can be brought or appear before the Crown Court at the time and place appointed by the Crown Court; and

• (b) if the warrant is endorsed for bail but the person in custody is unable to satisfy the conditions endorsed, the magistrates’ court may vary those conditions if satisfied that it is proper to do so.

Crown Court rules

52

• (1) Subject to any statutory provision, Crown Court rules may be made in accordance with section 53A for the purpose of regulating and prescribing—

• (a) the practice and procedure to be followed in the Crown Court; and

• (b) the form and content of indictments,

and in this or any other statutory provision having effect in Northern Ireland “Crown Court rules” means rules so made.

• (2) Sections 1 and 2 of the Indictments Act (Northern Ireland) 1945 shall cease to have effect on such date as may be appointed in Crown Court rules made for the purpose mentioned in subsection (1)(b).

Crown Court Rules Committee

53

• (1) There shall be a committee known as the Northern Ireland Crown Court Rules Committee (in this Act referred to as the Crown Court Rules Committee) which, subject to section 54(2), shall consist of—

• (a) the Lord Chief Justice who shall be chairman;

• (b) two judges of the High Court or the Court of Appeal nominated from time to time by the Lord Chief Justice;

• (c) two county court judges nominated by the Lord Chief Justice;

• (d) a resident magistrate nominated by the Lord Chief Justice;

• (e) the Master (Queen’s Bench and Appeals);

• (f) a practising member of the Bar of Northern Ireland nominated by the Lord Chancellor;

• (g) one other a practising member of the Bar of Northern Ireland nominated by the Council thereof;

• (h) the president of the Incorporated Law Society of Northern Ireland or a member of the Council thereof nominated by him;

• (i) a practising solicitor nominated by that Council;

• (j) a Public Prosecutor nominated by the Director of Public Prosecutions for Northern Ireland;

• (k) a practising member of the Bar of Northern Ireland or a practising solicitor nominated by the Attorney General for Northern Ireland,

and shall have the functions conferred on it in relation to the making of Crown Court rules by section 52.

• (1A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (1)(c) or (d)—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (2) The joint secretaries to the Crown Court Rules Committee shall be the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor; and whichever of them is nominated by the Lord Chancellor shall, in relation to Crown Court rules, be the responsible officer within the meaning of Articles 5 and 7 of the Statutory Rules (Northern Ireland) Order 1979.

• (3) Sections 54(2), (3), (4) and (6), 55(3) and 56(1)(2) and (2A) shall apply to the Crown Court Rules Committee and Crown Court rules as if references in those provisions to the Rules Committee and rules of court included references to the Crown Court Rules Committee and Crown Court rules respectively.

• (4) In the application of section 56(1) by virtue of subsection (3), references to section 55A include references to section 53A.

Part V — Practice, Procedure and Trials

The Supreme Court Rules Committee

54

• (1) There shall be a committee known as the Northern Ireland Court of Judicature Rules Committee (in this Act referred to as the Rules Committee) which, subject to subsection (2), shall consist of—

• (a) the Lord Chief Justice who shall be chairman;

• (b) four judges of the High Court or the Court of Appeal nominated from time to time by the Lord Chief Justice;

• (c) a practising member of the Bar of Northern Ireland nominated by the Lord Chancellor;

• (d) a practising member of the Bar of Northern Ireland nominated by the Council thereof;

• (e) the president of the Incorporated Law Society of Northern Ireland or a member of the Council thereof nominated by him; ...

• (f) a practising solicitor nominated by that Council,

• (g) the Attorney General for Northern Ireland or a practising member of the Bar of Northern Ireland or a practising solicitor nominated by the Attorney General for Northern Ireland,

and shall have the functions conferred on it in relation to the making of rules of court by section 55.

• (2) Where any member of the Rules Committee is unable to act, the Lord Chief Justice or, in the case of a member nominated by any other authority or body, that authority or body may nominate another qualified person to act temporarily in his place.

• (3) Rules of court may be made and other powers of the Rules Committee exercised at a meeting of the Rules Committee by a majority consisting of not less than four members of whom the chairman of the meeting shall be one.

• (4) In the absence of the Lord Chief Justice, the senior judge present shall be chairman of the meeting.

• (5) The joint secretaries to the Rules Committee shall be the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor..

• (6) Any expenses incurred by the Rules Committee shall be paid by the Lord Chancellor.

Rules of court

55

• (1) Subject to any statutory provision, rules may be made in accordance with section 55A with respect to—

• (a) the pleading, practice and procedure in or affecting, and the forms used in connection with, any proceedings before the High Court and the Court of Appeal or any division, office, judge or officer of either such court or any person appointed by, or to assist, it including—

• (i) the mode of proof of any fact;

• (ii) the assessment of damages, compensation or other sums;

• (iii) the payment of money into and out of court;

• (iv) the circumstances in which and the terms on which a stay of proceedings or execution may be granted or an interim order (including an order authorising interim payments) may be made;

• (v) costs (including the taxation of costs and security to be given for costs);

• (vi) the recording of proceedings and the making available of transcripts thereof; and

• (vii) the impounding and release of documents or exhibits;

• (b) the conditions subject to which process may be served out of the jurisdiction of the High Court;

• (c) the manner in which, the time within which and the conditions on which steps in any such proceedings as are mentioned in paragraph (a) may or must be taken;

• (d) the transfer of proceedings to or from any such court, division, judge, officer or person as is mentioned in that paragraph;

• (e) the practice and procedure of the High Court in non-contentious probate business;

• (f) the practice and procedure to be followed in exercising jurisdiction over the person, property or affairs of persons under any disability; and

• (g) the extent to which and the circumstances in which documents filed in any such proceedings as are mentioned in paragraph (a) may be inspected and copied.

• (2) Subject to any statutory provision, rules may be made in accordance with section 55A—

• (a) regulating the sittings of any court, division or judge to which or to whom subsection (1)(a) applies and any sittings of statutory officers or persons appointed by, or to assist, such a court;

• (b) authorising the exercise by a judge of the High Court of jurisdiction while sitting in chambers and prescribing when a judge exercising such jurisdiction is to be deemed to constitute the High Court or a court of the High Court;

• (c) providing for the distribution of business of the High Court amongst the several divisions of that court;

• (cc) providing for any prescribed part of the jurisdiction of the High Court in relation to the trial of any action involving matters of account to be exercised in the prescribed manner by a person agreed by the parties and for the remuneration of any such person;

• (d) requiring any prescribed part of the jurisdiction of the High Court to be exercised by two or more judges sitting together and fixing the number of judges by whom it shall be exercised;

• (e) prescribing what part of the business which may be transacted and of the jurisdiction which may be exercised by the High Court and the Court of Appeal may be transacted or exercised by statutory officers or officers serving in the Court of Judicature and providing for the review of any jurisdiction exercised by such officers;

• (f) regulating or providing for any other matter with respect to which the Committee is authorised to make rules under any other statutory provision (including any other provision of this Act) or for which provision was heretofore contained in rules of court made or deemed to have been made under section 7 of the Northern Ireland Act 1962;

• (g) regulating or providing for any matter relating to practice or procedure heretofore regulated or provided for by a statutory provision repealed by section 122 and Schedule 7; and

• (h) generally for the purposes of carrying any of the provisions of this Act into effect.

• (3) Rules made under this section may amend or repeal any statutory provision in force immediately before the commencement of this section or any statutory provision (including a provision of this Act) re-enacting any such statutory provision so far as may be necessary or expedient in consequence of provision made by the rules.

Control and publication of rules

56

• (1) Rules made by the Rules Committee—

• (a) in the case of rules that are required under section 55A to be submitted to the Lord Chancellor, are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 applies accordingly; and

• (b) in the case of rules that are required under section 55A to be submitted to the Department of Justice, are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

• (2) The Rules Committee shall not, except with the concurrence of the Treasury, make a rule which may involve an increase in expenditure out of public funds; but the validity of such a rule shall not, in any proceedings in any court, be called in question either by the court or by any party to the proceedings on the ground only that the Treasury did not concur or are not expressed to have concurred in the making of the rule.

• (2A) Rules made by the Rules Committee shall be statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Such of the joint secretaries to the Rules Committee as the Lord Chancellor may designate shall, in relation to rules of court, be the responsible officer within the meaning of Articles 5 and 7 of the Statutory Rules (Northern Ireland) Order 1979.

High Court and Court of Appeal to be continuing courts

57

• (1) The High Court and the Court of Appeal shall be continuing courts with vacations regulated by rules of court.

• (2) Rules of court shall provide for the hearing during vacation by judges and officers of the High Court and the Court of Appeal of all such causes and matters as may require to be immediately or promptly heard.

Sittings of High Court and Court of Appeal

58

• (1) Subject to rules of court, such numbers of judges and courts shall sit as may be required to dispose of the business of the High Court and the Court of Appeal.

• (2) The places at which the High Court and the Court of Appeal sit outside the Royal Courts of Justice and the places outside the Royal Courts of Justice at which any other business of those courts may be conducted shall be determined in accordance with directions given by the Lord Chief Justice.

• (3) The High Court may, on the application of any party to an action or issue to be tried by the court, order that the trial be held in some other place if the court is of opinion that it would be more just or convenient for the trial to be so held.

• (4) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Award of costs

59

• (1) Subject to the provisions of this Act and to rules of court and to the express provisions of any other statutory provision, the costs of and incidental to all proceedings in the High Court and the Court of Appeal, including the administration of estates and trusts, shall be in the discretion of the court and the court shall have power to determine by whom and to what extent the costs are to be paid.

• (2) Save as otherwise provided by any statutory provision passed after this Act or by rules of court, if damages or other relief awarded could have been obtained in proceedings commenced in the county court, the plaintiff shall not, except for special cause shown and mentioned in the judgment making the award, recover more costs than would have been recoverable had the same relief been awarded by the county court.

• (3) Where any statutory provision whether passed before or after the commencement of this Act confers jurisdiction on the High Court or any judge thereof in regard to any matter without expressly conferring jurisdiction to award or deal otherwise with the costs of the proceedings connected with that matter, subsection (1) shall apply so as to authorise the court or judge, in its or his discretion, to award and deal with such costs.

• (4) Nothing in this section shall alter the practice in any criminal cause or matter.

Taxation of costs.

60

• (1) The jurisdiction of the High Court, the Court of Appeal and the Crown Court in relation to the taxation of costs shall be vested in the Master (Taxing Office) or such other statutory officer as may be designated for the purpose by the Lord Chief Justice and shall be exercised in accordance with rules of court.

• (2) Costs may be taxed and recovered in any action notwithstanding the death of the party to or against whom those costs were awarded.

• (3) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Trial with assessors.

61

• (1) In any cause or matter before the High Court or the Court of Appeal, other than a criminal proceeding by or in the name of the Crown, the court may, if it thinks it expedient so to do, call in the aid of one or more assessors specially qualified, and try and hear the cause or matter wholly or partly with their assistance.

• (2) The remuneration, if any, to be paid to an assessor shall be determined by the court.

Trial with and without jury

62

• (1) Subject to subsection (2), an action or an issue of fact in an action in the High Court in which a claim is made in respect of—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) malicious prosecution;

• (d) false imprisonment;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall, if any party to the action so requests, be tried with a jury.

• (2) The court may, on the application of any party to an action referred to in subsection (1), order that the action or any issue of fact in the action shall be tried without a jury if it is of opinion that such trial—

• (a) will substantially involve matters of account;

• (b) will require any protracted examination of documents or accounts or any technical, scientific or local investigation which cannot conveniently be made with a jury;

• (c) will be unduly prolonged; ...

• (ca) will involve section 6 proceedings; or

• (d) is for any special reason (to be mentioned in the order) unsuitable to be tried with a jury.

• (3) Subject to subsection (4), any other action or any issue of fact therein shall be tried without a jury.

• (4) The court may, in any action referred to in subsection (3) order that the action or any issue of fact in the action shall be tried with a jury if it is of opinion that by reason of an allegation of actual fraud or actual undue influence or for some other reason the trial may more suitably be had with a jury.

• (4A) An action in the High Court which by virtue of subsection (1) or (4) is being, or is to be, tried with a jury may, at any stage in the proceedings, be tried without a jury if the court concerned—

• (a) is of opinion that the action involves, or will involve, section 6 proceedings; and

• (b) in its discretion orders the action to be tried without a jury.

• (4B) Where the court makes an order under subsection (4A)(b), it may make such other orders as it considers appropriate (including an order dismissing the jury).

• (5) Subject to subsections (1) and (3), the High Court may in accordance with rules of court order that different questions of fact arising in any action be tried at different times or by different modes of trial.

• (6) The Department of Justice may by order from time to time amend this section so as to alter the classes of action in which and the terms and conditions on which a trial shall or may be had with a jury.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In this section “section 6 proceedings” has the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made).

Trial of challenge for cause in civil actions

63

Jury in civil actions

64

• (1) The jury for the trial in the High Court of any action or any issue therein shall consist of seven persons, . . .

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules of court in relation to juries in civil actions

65

• (1) Subject to this Act, rules of court may be made concerning the challenging, empanelling and discharge of jurors and juries and the conditions subject to which refreshment may be supplied to them at any stage of the trial of an action or issue therein and may prescribe the number of peremptory challenges, being not less than three or more than six, to be allowed to each party in civil proceedings.

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

Certain affidavits taken abroad admissible without proof of seal etc.

66

A document purporting to have affixed or impressed on it or subscribed to it the seal or signature of a court, judge, notary public or person having authority to administer oaths in England and Wales, Scotland, the Republic of Ireland or any part of the Commonwealth in testimony of an affidavit being taken before it or him in such place shall be admitted in evidence without proof of the seal or signature being the seal or signature of that court, judge, notary public or person.

Subpoenas in other parts of the United Kingdom

67

• (1) In connection with any cause or matter in or pending before the High Court, the Court of Appeal or any inferior court or tribunal in aid of which the High Court may act, a judge of the High Court, or (in the case of a cause or matter in or pending before the Court of Appeal) of the Court of Appeal, may, if satisfied that it is proper to compel—

• (a) the personal attendance at any proceedings of any witness not within the jurisdiction of the court; or

• (b) the production by any such witness of any document or exhibit at any proceedings,

order that a writ of subpoena ad testificandum or writ of subpoena duces tecum shall issue in special form commanding the witness, wherever he shall be within the United Kingdom, to attend the proceedings, and the service of any such writ in any part of the United Kingdom shall be as valid and effectual to all intents and purposes as if it had been served within the jurisdiction of the court.

• (2) A writ of subpoena ad testificandum or duces tecum may be issued under this section for the purpose of enforcing any order made by the High Court requiring any person to give evidence respecting any paper or writing being or purporting to be testamentary or to lodge in the Probate and Matrimonial Office any such paper or writing which may be shown to be in his possession or under his control.

• (3) References in subsection (1) to proceedings include references to proceedings before an officer of a court or tribunal, an examiner or commissioner appointed by the court (including an examiner or commissioner appointed to take evidence outside the jurisdiction of the court) or an official or special referee or arbitrator.

• (4) Every writ issued under this section shall have at its foot a statement to the effect that it is issued by the special order of a judge, and no such writ shall issue without such a special order.

• (5) If any person served with a writ issued under this section does not appear as required by the writ, the High Court, on proof to the satisfaction of the court of the service of the writ and of the default, may transmit a certificate of the default under the seal of the court or under the hand of a judge of the court, if the service was in Scotland to the Court of Session in Edinburgh, and if the service was in England or Wales to the High Court of Justice in London, and the court to which the certificate is so sent shall thereupon proceed against and punish the person so having made the default in like manner as if that person had neglected or refused to appear in obedience to process issued out of that court.

• (6) No court shall in any case proceed against or punish any person for having made such default as aforesaid unless it is shown to the court that a reasonable and sufficient sum of money to defray the expenses of coming and attending to give evidence and of returning from giving evidence was tendered to that person at the time when the writ was served upon him.

• (7) Nothing in this section shall alter or affect—

• (a) the power of the High Court to issue a commission for the examination of witnesses out of the jurisdiction of the court in any case in which, notwithstanding this section, the court thinks fit to issue such a commission; or

• (b) the admissibility of any evidence at any trial where such evidence was heretofore by law receivable on the ground of any witness being beyond the jurisdiction of the court, and the admissibility of any such evidence shall be determined as if this section and any statutory provision reproduced by this section had not passed.

Part VI — Departments and Officers

Departments

68

• (1) There shall be established the departments of the Court of Judicature specified in the first column of Schedule 2.

• (2) The business to be assigned to each department shall—

• (a) be prescribed by rules of court; and

• (b) subject to any directions given by the Lord Chief Justice under subsection (4), be transacted under the supervision of the officer specified in relation to that department in the second column of Schedule 2.

• (3) The Lord Chancellor may by order made after consultation with the Lord Chief Justice establish at such place as may be specified in the order a branch office of the Probate and Matrimonial Office which—

• (a) may transact such of the business of that Office as may be so specified; and

• (b) shall, subject to subsection (4), be under the supervision of a circuit registrar.

• (4) The officer supervising a department shall discharge his functions in accordance with directions given by the Lord Chief Justice.

• (5) The Lord Chancellor may by order made after consultation with the Lord Chief Justice at any time modify Schedule 2 by—

• (a) removing any department and any entry relating thereto from that Schedule;

• (b) adding any department and any entry relating thereto to that Schedule;

• (c) amending the name of any department or amending any entry relating to any department in that Schedule.

• (6) An order under subsection (5) may make provision for any incidental, consequential, transitional or supplementary matters for which it appears to the Lord Chancellor to be necessary or expedient for the purpose of the order to provide, and may amend or repeal any statutory provision (including any provision of this Act) so far as may be necessary or expedient in consequence of the order.

• (7) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Northern Ireland Court Service

69

• (1) The functions of the Department of Justice include—

• (a) facilitating the conduct of the business of the following courts, namely—

• (i) the Court of Judicature;

• (ii) county courts;

• (iii) magistrates’ courts; and

• (iv) coroners’ courts;

• (b) giving effect to judgments to which the Judgments Enforcement (Northern Ireland) Order 1981 applies; and

• (c) discharging such other functions in relation to the courts mentioned in paragraph (a) or the enforcement of the judgments mentioned in paragraph (b) as are conferred on, or transferred to, it or any civil servants in the Department of Justice by or under this Act or any other statutory provision.

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The functions exercisable ... under subsection (1) shall include the functions heretofore exercisable by—

• (a) the officers and other persons employed in the Court of Judicature;

• (b) the persons employed in the county court service by virtue of section 108 of the County Courts Act (Northern Ireland) 1959 or any other officer of a county court;

• (c) clerks of petty sessions and persons employed in the offices of clerks of petty sessions;

• (d) the Enforcement of Judgments Office; and

• (e) the officers of coroners’ courts,

other than those functions which by or under this Act become the functions of statutory officers.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment and qualification of statutory officers

70

• (1) Appointments to the offices listed in column 1 of Schedule 3 shall be made by the Northern Ireland Judicial Appointments Commission after consultation with the Lord Chief Justice; and persons holding such offices are in this Act referred to as “ statutory officers ”.

• (1A) The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to statutory officers.

• (1B) The terms and conditions of service for statutory officers are to be determined by the Lord Chancellor with the concurrence of the Treasury.

• (1C) Any salary or other amounts payable under subsection (1B) shall be paid by the Department of Justice.

• (2) Subject to subsection (3), a person shall not be qualified for appointment to any of the offices listed in column 1 of Schedule 3 unless he is—

• (a) a barrister or solicitor . . . who has at least the number of years’ standing specified in relation to that office in column 3 of that Schedule; or

• (b) the holder of any other office so listed.

• (3) In exceptional circumstances, where it appears to the Commission that a suitable appointment cannot be made in accordance with the provisions of subsection (2) and Schedule 3, it may, notwithstanding those provisions, after consultation with the Lord Chief Justice, appoint any barrister, solicitor or other person whom it considers to be suitable for appointment having regard to his knowledge and experience.

• (4) Without prejudice to section 68, the functions of the holder of each office listed in column 1 of Schedule 3 shall include the functions specified in relation to that office in column 4 of that Schedule (being functions heretofore exercised by the holder of the office or offices so specified) and accordingly—

• (a) for a reference in any statutory provision relating to those functions to any office listed in column 4 of Schedule 3 or to the holder of any such office there shall be substituted a reference to the appropriate corresponding office listed in column 1 of that Schedule or to the holder of that office, as the case may be; and

• (b) the offices specified in column 4 of Schedule 3 are hereby abolished.

• (5) The Department of Justice may by order made after consultation with the Lord Chief Justice at any time modify Schedule 3 by:—

• (a) removing any office and any entry relating thereto from that Schedule;

• (b) adding any office and any entry relating thereto to that Schedule;

• (c) amending the title of any office or amending any entry relating to any office in that Schedule.

• (6) An order under subsection (5) may make provision for any incidental, consequential, transitional or supplementary matters for which it appears to the Department of Justice to be necessary or expedient for the purpose of the order to provide and may amend or repeal any statutory provision (including any provision of this Act) so far as may be necessary or expedient in consequence of the order.

Tenure of office of statutory officers

71

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

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

• (3) A statutory officer shall vacate office on the day on which the officer attains the age of 75.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Superannuation of statutory officers

72

• (1) A statutory officer shall be deemed for the purposes of section 1 of the Superannuation Act 1972 to be employed in the civil service of the state and, subject to the following provisions of this section, the principal civil service pension scheme within the meaning of section 2 of that Act shall apply to him accordingly.

• (2) In its application to a statutory officer in respect of his service as such the principal civil service pension scheme shall have effect subject to the modifications set out in Schedule 4.

• (3) Subsection (2) shall not apply to a statutory officer appointed by virtue of section 70(3) unless the Lord Chancellor, with the concurrence of the Minister for the Civil Service, so directs.

• (4) This section does not apply to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

Restrictions on practice

73

• (1) . . . A statutory officer shall not either directly or indirectly practise as a barrister or solicitor or as an agent for a solicitor.

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

Deputies and temporary appointments

74

• (1) In order to facilitate the disposal of business, the Northern Ireland Judicial Appointments Commission may, after consultation with the Lord Chief Justice, appoint a suitably qualified person—

• (a) to act as a deputy for any statutory officer, or

• (b) to act as a temporary additional statutory officer,

during such period or on such occasions as the Commission determines with the agreement of the Department of Justice .

• (1A) The Department of Justice must consult the Lord Chief Justice before giving its agreement to a period or occasion under subsection (1).

• (1B) The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to deputies for statutory officers or temporary additional statutory officers.

• (2) A person acting in an office by virtue of an appointment under subsection (1) shall have all the powers of a person permanently appointed to that office.

• (3) Where anything is for the time being authorised or required by this Act or any other statutory provision to be done to or by a particular statutory officer and—

• (a) that statutory officer is not available because of absence or other reason and no person may, by virtue of subsections (1) and (2), exercise his powers; or

• (b) his office is vacant,

then it may, unless the Lord Chief Justice otherwise directs, be done during such unavailability or vacancy to or by any other statutory officer.

• (4) Where for any purpose it is necessary for a judge of the High Court or the Court of Appeal to sit outside Belfast, he may, with the approval of the Lord Chief Justice, appoint a judge’s registrar.

• (5) The Department of Justice shall pay to any person appointed under this section such remuneration and allowances as the Lord Chancellor may, with the consent of the Minister for the Civil Service, determine.

Official Solicitor

75

• (1) The Lord Chancellor, after consultation with the Lord Chief Justice, may appoint as Official Solicitor to the Court of Judicature a person who is—

• (a) a solicitor of the Court of Judicature of at least 7 years' standing, or

• (b) a member of the Bar of Northern Ireland of at least 7 years' standing.

• (2) The Official Solicitor shall have such powers and perform such duties as may be prescribed and as may be conferred or imposed on him—

• (a) by or under this or any other Act; or

• (b) by or in accordance with any direction given by the Lord Chief Justice.

• (2A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(b)—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The court may, in accordance with rules of court, order the costs of the Official Solicitor in respect of any business done by him to be paid out of any fund the subject of the proceedings or by any party to the proceedings and such costs shall be ascertained on taxation or measured.

• (5) Where any powers or duties have been or are hereafter conferred on the Official Solicitor then, unless and until the court or a judge otherwise directs in any particular case, those powers may be exercised and those duties shall be performed by the holder of the office for the time being, and no further order or appointment shall be necessary by reason only that the person on whom the powers and duties were conferred or imposed has died or ceased to hold office.

• (6) The Official Solicitor shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, dismissal or resignation).

• (7) The Lord Chancellor may pay to the Official Solicitor such remuneration and allowances as the Lord Chancellor may determine with the consent of the Treasury.

• (8) Service as the Official Solicitor is employment in the civil service of Northern Ireland for the purposes of Article 3 of the Superannuation (Northern Ireland) Order 1972.

• (9) While the office of Official Solicitor is vacant or the Official Solicitor is unable or unwilling to act, the Lord Chancellor may, after consultation with the Lord Chief Justice, appoint a person as temporary Official Solicitor; and the temporary Official Solicitor—

• (a) may be appointed only if qualified for appointment as Official Solicitor,

• (b) shall have all the powers and duties of the Official Solicitor, and

• (c) may be paid remuneration and allowances by the Lord Chancellor with the consent of the Treasury.

Property held by officers

76

Any property whatsoever held in his official capacity by any of the following, that is to say—

• (a) a statutory officer;

• (b) the Accountant General of the Court of Judicature;

• (c) the Official Solicitor;

• (d) any person designated as a chief clerk under Article 2(2) of the County Courts (Northern Ireland) Order 1980 or appointed as a clerk of petty sessions under Article 2(4) of the Magistrates’ Courts (Northern Ireland) Order 1981;

• (e) any person appointed by the High Court to hold the property for the purposes of or in connection with any proceedings,

shall, on his dying, becoming bankrupt, ceasing to hold office or ceasing to act for the purposes of or in connection with any such proceedings, vest in the person appointed to succeed him without any conveyance, assignment or transfer.

Part VII — Funds in Court

Accountant General

77

• (1) Such person as the Lord Chancellor may designate shall be the Accountant General of the Court of Judicature.

• (2) There shall be maintained in or near the Royal Courts of Justice an office for the business of the Accountant General under this Part.

Accounts of funds in court

78

• (1) The Accountant General shall—

• (a) keep proper accounts (including such accounts as may be necessary for carrying into effect orders of the High Court and the county court and for the purposes of this Part and Part VI of the Administration of Justice Act 1982) and proper records in relation to the accounts;

• (b) prepare in respect of each accounting period a statement of accounts in such form as the Department of Finance and Personnel may direct.

• (2) The Accountant General shall, on or before 30th November in any year, send to the Comptroller and Auditor General for Northern Ireland the statement of accounts prepared by him under subsection (1) for the accounting period last ended.

• (3) The Comptroller and Auditor General for Northern Ireland shall examine, certify and report on the statement of accounts sent to him under subsection (2) and shall lay copies of the statement of accounts and of his report thereon before the Northern Ireland Assembly.

• (4) In this section “accounting period” means the period of 12 months ending on 31st March in any year except that the first accounting period shall, if the Treasury so directs, be such period shorter or longer than 12 months (but not longer than two years) as is specified in the direction.

• (5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.

Accountant General to keep bank account

79

• (1) The Accountant General shall maintain an account at the Bank of Ireland or at such other bank or banks as the Lord Chancellor may, with the concurrence of the Treasury, designate and shall pay all sums received by him into that account and all sums payable by him out of it.

• (2) References to the Bank of Ireland in any statutory provision relating to sums in the Court of Judicature or the county court shall, when a designation is made under subsection (1), be construed, in connection with the sums to which that provision relates, as references to a bank so designated.

Payments and transfers

80

• (1) The payment of money into the Court of Judicature or the county court shall be effected by paying into an Accountant General’s account maintained under section 79.

• (2) The transfer into the Court of Judicature or the county court of securities (other than such as are transferable by delivery) shall be effected by transferring them to the Accountant General.

• (3) The deposit in the Court of Judicature or the county court of effects and the transfer into court of securities transferable by delivery shall be effected by delivering them to the Accountant General.

Investment of funds in court

81

• (1) Save in a case in which it is provided by an order of the court that it shall not be placed or invested as mentioned in the following provisions of this section, and subject to any provision to the contrary made by rules made under the next following section, a sum of money in the Court of Judicature or in the county court—

• (a) may, if the High Court or the county court (as the case may be) so orders, be dealt with in such of the following ways as may be specified in the order, namely:—

• (i) it may be placed, in accordance with rules so made, to a deposit account or a short-term investment account (that is to say, to an account of one or other of two kinds such that, in the case of an account of either kind, there will, under rules so made, but subject to any exceptions thereby prescribed, fall to accrue on moneys placed thereto interest derived from the transfer to, and investment by, the National Debt Commissioners of the moneys placed to all the accounts of those kinds);

• (ii) it may be placed to a long-term investment account for transfer, under rules so made, to such one of the funds established by schemes made under section 42 of the Administration of Justice Act 1982 as may be so specified;

• (iii) it may be invested by the Accountant General in such of the securities designated for the purposes of this paragraph by rules made under section 55 of this Act or Article 47 of the County Courts (Northern Ireland) Order 1980 as may be so specified;

• (iv) it may be invested by the Accountant General in accordance with directions given by an advisory committee appointed by the Lord Chancellor in accordance with rules made under the next following section;

• (b) shall, if no order is made with respect to it under the foregoing paragraph, be dealt with as follows—

• (i) except in a case in which it was paid in under section 63 of the Trustee Act (Northern Ireland) 1958, it shall be placed, in accordance with rules made under the next following section, to a deposit account;

• (ii) in the said excepted case, it shall be invested by the Accountant General in such manner as may be prescribed by rules so made.

• (2) If the High Court or (as the case may be) the county court so orders, the power of the Accountant General under subsection (1)(a)(iii) or (iv) to invest a sum of money in the Court of Judicature or the county court in securities includes the power to pay out of that sum any fees or expenses which are—

• (a) incurred in connection with, or for the purposes of, investing that sum; and

• (b) of an amount or at a rate approved by the High Court or (as the case may be) the county court.

• (3) A court shall not make an order under subsection (2) unless the court considers it necessary and proportionate in all the circumstances to do so.

• (4) The High Court or (as the case may be) the county court may, on an application made to it, order that all or part of any sum paid by way of fees or expenses under subsection (2) be refunded where it appears to the court to be in the interests of justice to do so.

Rules as to funds in court

82

• (1) The Lord Chancellor, with the concurrence of the Treasury, may give directions in relation to the payment of interest on funds in court and may make rules regulating, subject to the provisions of section 80, the deposit, payment, delivery and transfer in, into and out of the Court of Judicature and the county court of money, securities and effects which belong to suitors or are otherwise capable of being deposited in, or paid or transferred into, the XXX or the county court or are under the custody of the Court of Judicature or the county court, and regulating the evidence of such deposit, payment, delivery or transfer and, subject to the provisions of section 81, the manner in which money, securities and effects in court are to be dealt with, and in particular—

• (a) providing (subject to any exceptions prescribed by the rules) for the accruer of interest on moneys placed to deposit accounts and short-term investment accounts ...;

• (b) requiring the Accountant General—

• (i) to transfer to the National Debt Commissioners all money paid into the Court of Judicature or the county court which is not required by him for meeting current demands, except money placed to a long-term investment account or ordered to be invested in securities;

• (ii) to transfer money placed to a long-term investment account to that one of the funds established by schemes made under section 42 of the Administration of Justice Act 1982 specified in the order pursuant to which it was so placed;

• (c) prescribing for the purposes of section 81(b)(ii) 81(1)(b)(ii) the manner of investment of money by the Accountant General and regulating the investment, pursuant to an order under that section, of money in securities;

• (d) regulating the crediting of interest accruing on moneys placed to deposit accounts and on moneys placed to short-term investment accounts and the crediting of dividends accruing on shares in funds established by schemes made under section 42 of the Administration of Justice Act 1982 which have been allotted in consideration of the transfer of money in compliance with such provision of the rules as has effect by virtue of paragraph (b)(ii) and of interest or dividends accruing on securities in which money has been invested by the Accountant General pursuant to an order of the High Court or county court or to section 81(b)(ii) 81(1)(b)(ii) and on other securities in court;

• (e) providing—

• (i) that, in such cases as may be prescribed by the rules, no sum of money (whatever its amount) shall be placed to a deposit account or a short-or long-term investment account or be invested in securities;

• (ii) that, in no case, shall a sum of money of an amount less than such as may be so prescribed be placed to, or remain in, a deposit account, be placed to a short-or long-term investment account or be invested in securities;

• (f) prescribing the time at which money which falls to be placed to a deposit account or short-term investment account is to be so placed and the times at which interest on money so placed is to begin and cease to accrue and the mode of computing any such interest;

• (g) providing that, in such circumstances as may be prescribed by the rules, interest and dividends such as are mentioned in paragraph (d) shall be placed to deposit accounts or short-or long-term investment accounts;

• (h) providing for dealing with accounts or effects which, subject to such, if any, exceptions as may be prescribed by the rules, have not been dealt with for such period (not being less than fifteen years) as may be so prescribed;

• (i) prescribing the manner in which money is to be furnished to the Accountant General by the National Debt Commissioners and the investment manager of a common investment scheme made under section 42 of the Administration of Justice Act 1982 respectively for the purpose of enabling him to comply with orders of the High Court and county court as to the payment of money out of court;

• (j) providing for the discharge of the functions of the Accountant General under the rules by deputy;

• (k) providing for the constitution and procedure of the advisory committee referred to in section 81(a)(iv) 81(1)(a)(iv) and for the remuneration of its members;

• (l) providing for such matters as are incidental to, or consequential on, the foregoing provisions of this subsection or are necessary for giving effect to those provisions.

• (2) Rules under subsection (1) may make different provision in relation to the Court of Judicature and the county court.

Application of investment provisions

83

Statutory deposits

84

• (1) Section 80(1) shall apply to a statutory deposit as it applies to the payment of money into the Court of Judicature; and section 80(2) and (3) shall apply to the deposit with the Accountant General of securities in lieu of money in exercise of a right to make such a deposit conferred by section 29 of the Tramways (Ireland) Act 1860 or by rules made by virtue of subsection (2).

• (2) Sections 81 and 82 shall apply to a statutory deposit and to securities which are in the hands of the Accountant General in consequence of a person’s having availed himself of such a right as is mentioned in subsection (1) and rules made under section 82 may include separate provisions with respect to such deposits and securities and, in particular, may authorise the deposit, under the statutory provisions mentioned in subsection (3), of securities in lieu of money.

• (3) In this section and sections 83 and 85 “statutory deposit” means money deposited with the Accountant General under or by virtue of—

• (a) section 29 of the Tramways (Ireland) Act 1860;

• (b) Article 7 of the Industrial Assurance (Northern Ireland) Order 1979;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) Article 90(2)(b) or 93(1)(a) of the Road Traffic (Northern Ireland) Order 1981,

or any statutory provision which was re-enacted by any of those provisions.

Provision for default to be made good

85

Where any civil servant in the Department of Justice has been guilty of any default with respect to any money, securities or effects in the Court of Judicature or the county court or any statutory deposit or with respect to any such securities as are mentioned in section 84(2), such sum as is necessary for making good the default shall be paid by the Lord Chancellor or, if and so far as it is not so paid, shall be charged on and issued out of the Consolidated Fund of Northern Ireland.

Part VIII — Rules of Law in Judicial Matters Generally

Concurrent administration of law and equity to continue

86

• (1) Every court exercising jurisdiction in Northern Ireland in a civil cause or matter shall continue to administer law and equity upon the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.

• (2) Every such court shall give the same effect as heretofore:—

• (a) to all equitable estates, titles, rights, remedies, reliefs, counterclaims and defences and to all equitable duties and liabilities; and

• (b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by common law or by any custom or created by any statute,

and shall ensure that, as far as possible and subject to any statutory provision (including subsection (3)) to the contrary, all matters in dispute in a cause or matter before it may be completely and finally determined without further proceedings in respect thereof.

• (3) Without prejudice to any other powers exercisable by it, a court, acting on equitable grounds, may stay any proceedings or the execution of any of its process subject to such conditions as it thinks fit.

• (4) Nothing in this Act shall authorise a cause or proceeding pending in the High Court or the Court of Appeal to be stayed by prohibition or injunction.

Assignment of debts and choses in action

87

• (1) Subject to subsections (2) and (3), any absolute assignment by writing under the hand of the assignor, not purporting to be by way of charge only, of any debt or other legal chose in action, of which express notice in writing is given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim the debt or chose in action, shall be effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer, as from the date of the notice,—

• (a) the legal right to, and all legal and other remedies respecting, the debt or chose in action together with,

• (b) the power to give, without the concurrence of the assignor, a good discharge for the debt or chose in action.

• (2) If the debtor, trustee or other person liable in respect of the debt or chose in action has had notice that the assignment is disputed by the assignor or anyone claiming under him, or of any other opposing or conflicting claims to the debt or chose in action, he shall be entitled, if he thinks fit, to call upon the several persons concerned to pursue their claims by interpleading, or he may, if he thinks fit, make an appropriate payment into court under the relevant provisions of the Trustee Acts (Northern Ireland) 1958 and 1962.

• (3) This section does not affect the provisions of the Policies of Assurance Act 1867.

Certain stipulations not to be of the essence of contracts

88

Stipulations in a contract as to time or otherwise which according to rules of equity are not to be deemed to be or to have become of the essence of the contract are also construed and have effect at law in accordance with the same rules.

Merger

89

There is no merger by operation of law only of any estate the beneficial interest in which would not be deemed to be merged or extinguished in equity.

Equitable waste

90

An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any right to commit waste of the description known as equitable waste, unless an intention to confer that right expressly appears by the instrument creating the estate.

Orders for sale, mandatory or other injunctions and receivers

91

• (1) The High Court and, in matters within its jurisdiction, the county court may at any stage of any proceedings—

• (a) order a sale of any property;

• (b) grant a mandatory or other injunction; or

• (c) appoint a receiver,

in any case where it appears to the court to be just and convenient to do so for the purposes of any proceedings before it and, if the case is one of urgency, the court may grant such an injunction before the commencement of the proceedings.

• (2) Any order, injunction or appointment under subsection (1) may be made either unconditionally or on such terms and conditions as the court thinks just (including, where an injunction is granted before the commencement of the proceedings, a condition requiring proceedings to be commenced).

• (3) If, whether before or at or after the hearing of any cause or matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the court thinks fit, whether the person against whom the injunction is sought is or is not in possession under any claim or title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under colour of any title, and whether the estates claimed by both or by either of the parties are legal or equitable.

• (4) The power of the High Court and, in matters within its jurisdiction, the county court, to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction, or otherwise dealing with, assets located within the jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled, resident or present within the jurisdiction.

Damages in lieu of or in addition to injunction or specific performance

92

Where a court has jurisdiction to entertain an application for an injunction or specific performance it may award damages in addition to or in substitution for such injunction or specific performance.

Suits for possession of land by mortgagors

93

• (1) Unless an express declaration contained in the mortgage provides otherwise a mortgagor entitled for the time being to the possession or receipt of the rents and profits of any land as to which no notice of intention to take possession or to enter into the receipt of such rents and profits has been given by the mortgagee may—

• (a) sign and cause to be served notices to quit;

• (b) determine tenancies or accept surrenders thereof;

• (c) sue for such possession or for the recovery of such rents or profits or to prevent or recover damages in respect of any trespass or other wrong relative thereto in his own name, only, unless the cause of action arises upon a lease or other contract made by him jointly with any other person.

• (2) An action, suit or proceeding brought by virtue of subsection (1) shall not be defeated by proof that the legal estate in the land the possession of which is sought to be recovered, or in respect of which the rents or profits are sought to be recovered, or in respect of which the trespass or other wrong has been committed, is vested in a mortgagee.

Relief from ejectment

94

• (1) Where the defendant, or any other person having a specific interest in the lease or tenancy agreement, after a judgment or decree of any court for possession in favour of the landlord in any action of ejectment for non-payment of rent (including an action for forfeiture for non-payment of rent)—

• (a) pays the rent and arrears thereof, with full costs, or lodges the same in court; and

• (b) makes an application at the earliest opportunity at which he can reasonably do so after the enforcement of the order for delivery of possession of land (of which application the landlord shall receive due notice) to be restored to possession;

the court may on such application award or refuse an order for restoration of possession of the land and give such equitable relief as it thinks fit.

• (2) Unless and until application is made under subsection (1) the landlord shall hold the demised premises freed and discharged from the lease or tenancy agreement, subject, however, to any appeal from the original decree or judgment for possession in his favour.

• (3) This section applies to a grant at a fee farm rent or securing a rent by condition and, for the purposes of such application, references to the lease, to the landlord and to the demised premises shall be construed, respectively, as references to the grant, to the grantor and to the premises granted.

• (4) For the purposes of this section—

• (a) references to a lease or grant include references to a sub-lease or sub-grant respectively, and

• (b) references to the landlord or grantor include references to any person to whom the estate or interest of the landlord or grantor has passed.

• (5) This section shall not operate to restrict any other power of the court to grant equitable relief.

Part IX — Inferior Courts

County courts

County courts and county court divisions

95

Times of sitting of county courts

96

For section 4 of the County Courts Act (Northern Ireland) 1959 there shall be substituted the following section—

(4) (1) Subject to any provision made by virtue of section 2, in each year the Lord Chancellor shall— (a) on or before 1st May, appoint the days for the holding of the ordinary sittings of the county court for each division for the period of 12 months commencing on 1st September next following; and (b) on or before 1st July cause notice of the days so appointed to be published. (2) Before appointing the days for the holding of the ordinary sittings of the county court for a division under this section, the Lord Chancellor shall consult the Lord Chief Justice and the county court judge assigned to that division under section 102.

.

Civil jurisdiction exercisable by circuit registrars

97

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

• (2) The Department of Justice may by order—

• (a) direct that Articles 62(1), (2) and (3), 67(1)(a) and 72(3) of the Magistrates’ Courts (Northern Ireland) Order 1981 (which impose financial limits on the jurisdiction of courts of summary jurisdiction in debt and ejectment proceedings) shall have effect with the substitution for the sums for the time being specified in those provisions of such higher sums as may be specified in the Order;

• (b) abolish any civil jurisdiction exercisable by courts of summary jurisdiction;

• (c) confer on circuit registrars any civil jurisdiction additional to that for the time being exercisable by them under or by virtue of any statutory provision.

• (3) An order under subsection (2) may make such incidental, consequential, transitional or supplementary provisions (including the amendment or repeal of any statutory provision) as appear to the Department of Justice to be necessary or proper for giving full effect to the provisions of the Order.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment and assignment of county court judges

98

For section 102 of the County Courts Act (Northern Ireland) 1959 there shall be substituted the following section—

(102) (1) Her Majesty may appoint as judges such qualified persons as may be recommended to Her by the Lord Chancellor. (2) A judge shall sit in the county court in accordance with directions given by the Lord Chancellor. (3) A judge may, in accordance with such directions, sit as a judge for any division. (4) Subject to subsections (2) and (3), the Lord Chancellor shall assign one judge to each division and may from time to time vary any such assignment. (5) The judge assigned to the division which is or includes— (a) the area of the city of Belfast shall be styled the Recorder of Belfast; (b) the area of the city of Londonderry shall be styled the Recorder of Londonderry.

Qualifications of county court judges and deputy judges

99

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

• (2) For section 107 of the County Courts Act (Northern Ireland) 1959 there shall be substituted the following section—

(107) (1) The Lord Chancellor may appoint as deputy judge— (a) a person who has previously held the office as judge; (b) a person who has practised for not less than ten years at the Bar of Northern Ireland; (c) a resident magistrate; (d) a solicitor who has practised for not less than ten years as a solicitor in Northern Ireland. (2) The appointment of a person as a deputy judge shall specify the term for which he is appointed. (3) Subject to subsection (4), the Lord Chancellor may, with the agreement of the deputy judge, from time to time extend, for such period as he thinks appropriate, the term for which the deputy judge is appointed. (4) Except where an appointment is made under subsection (1)(a), neither the initial term for which a deputy judge is appointed nor any extension of that term under subsection (3) shall be such as to continue his appointment as a deputy judge after the end of the completed year of service in which he attains the age of seventy-two years. (5) A deputy judge shall, while he is so acting, have the like authority, jurisdiction, powers and privileges as a judge in all respects. (6) Where the hearing of any proceedings duly commenced before any deputy judge is adjourned or judgement is reserved therein, that deputy judge shall, notwithstanding anything in subsection (2) or (4), have power to resume the hearing and determine the proceedings or, as the case may be, to deliver the judgement so reserved. (7) There shall be paid to every deputy judge, except a resident magistrate, such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.

Magistrate's Courts

Appointment and assignment of resident magistrates

100

For section 9 of the Magistrates’ Courts Act (Northern Ireland) 1964 there shall be substituted the following section—

(9) (1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint fit and proper persons to be resident magistrates, being persons who at the dates of their appointments have practised for not less than seven years either as a member of the Bar of Northern Ireland or as a solicitor of the Supreme Court. (2) Without prejudice to section 7, a resident magistrate on his appointment shall forthwith take the oath of allegiance and the judicial oath as required by the Promissory Oaths Act 1868. (3) A resident magistrate shall sit in accordance with directions given by the Lord Chancellor. (4) A resident magistrate may, in accordance with such directions, sit in any petty sessions district. (5) Subject to subsections (3) and (4), the Lord Chancellor may assign a resident magistrate to one or more petty sessions districts and may from time to time vary any such assignment.

Petty sessions and petty sessions districts

101

Supplementary

Supplementary

102

• (1) In this Part—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) section 100 shall be construed as one with the Magistrates’ Courts Act (Northern Ireland) 1964.

• (2) Where the Lord Chancellor at any time directs that any of the Acts listed in subsection (3) is to be reprinted, section 30 of the Interpretation Act (Northern Ireland) 1954 shall apply as if—

• (a) that direction were contained in an enactment; and

• (b) in subsection (2) of that section for the words “the Clerk of the Parliaments” there were substituted the words “the Clerk to the Assembly”.

• (3) The Acts referred to in subsection (2) are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the Judgments (Enforcement) Act (Northern Ireland) 1969.

Part X — Miscellaneous Matters

Appointment of justices of the peace

103

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

Under-sheriffs

104

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

Solicitors to be officers of court

105

• (1) Any person duly admitted as a solicitor in Northern Ireland or entitled to practise therein as a solicitor shall be an officer of the Court of Judicature, but nothing in this subsection shall affect the operation of any statutory provision (including a provision contained in this Act) which imposes on officers of a court restrictions as to practice as solicitors.

• (2) References in any statutory provision in force in Northern Ireland to attorneys or proctors shall be construed as references to solicitors of the Court of Judicature.

Rights of audience in the High Court and Court of Appeal

106

• (1) A solicitor of the Court of Judicature shall have a right of audience in any proceedings in the High Court or the Court of Appeal respecting—

• (a) any matter relating to debt relief orders, individual voluntary arrangements or bankruptcy under Parts 7A to 10 of the Insolvency (Northern Ireland) Order 1989;

• (b) any matter relating to company voluntary arrangements, receivership or the winding up of a company under Parts II and IV to VII of that Order of 1989

• (c) any matter to be heard in chambers or which is adjourned from chambers into court; or

• (d) any matter in which counsel already instructed is for any reason unable to appear,

without being required to instruct counsel, or other counsel as the case may be, and may act and plead therein as counsel might have acted or pleaded.

• (2) Where in any proceedings in the High Court or the Court of Appeal (other than proceedings to which subsection (1) relates) a solicitor has had no reasonable opportunity, having regard to all the circumstances, of adequately instructing counsel, the court, if of opinion that it is desirable in the interests of justice to do so, may grant the solicitor a right of audience as ample as that which counsel would have enjoyed.

• (3) A solicitor of the Court of Judicature shall have a right of audience in any enquiries or proceedings before a statutory officer sitting in the exercise of his jurisdiction whether original or delegated; and any such officer may in his discretion permit such right of audience to be enjoyed by an experienced solicitor’s clerk acting on behalf of his principal.

• (4) Nothing in this section shall take away or affect the inherent powers of any court or judge to confer a right of audience.

Qualification for holding office of solicitors who have been barristers and vice versa

107

• (1) For the purpose of any statutory provision or custom whereby the qualification of a solicitor for holding any office in Northern Ireland depends upon—

• (a) his having been admitted for a specified period; or

• (b) his having been admitted and in practice for a specified period,

that period, in the case of a solicitor who before admission was a barrister, shall be deemed to include—

• (i) where paragraph (a) applies, any period during which he was a barrister; and

• (ii) where paragraph (b) applies, any period after his call to the bar during which he was in practice as a barrister.

• (2) For the purpose of any statutory provision or custom whereby the qualification of a barrister for holding any office in Northern Ireland depends upon—

• (a) his having been called to the bar for a specified period; or

• (b) his having been called to the bar and in practice for a specified period,