Judicature (Northern Ireland) Act 1978

Type Public General Act
Publication 1978-06-30
Last updated 2026-03-16
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API

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

  • (i) where paragraph (a) applies, any period during which he was a solicitor; and
  • (ii) where paragraph (b) applies, any period after his admission as a solicitor during which he was in practice as such.
  • (3) This section applies—
  • (a) to this Act and to any other statutory provision whether passed or made before or after this Act; and
  • (b) in relation to persons admitted as solicitors or called to the bar before, as well as after, the passing of this Act.

Election courts

108
  • (1) On or before 1st October in each year the judges of the High Court and the Court of Appeal shall select two of their number to be judges for the trial of parliamentary election petitions for the purposes of section 123 of the Representation of the People Act 1983 and section 72(2) of the Electoral Law Act (Northern Ireland) 1962.
  • (2) In the event of the death, retirement or unavailability through illness or other cause of any judge selected pursuant to this section, the judges of the High Court and the Court of Appeal shall as soon as may be convenient select one of their number to replace or act for him.

Enrolment etc. of instruments

109
  • (1) The Lord Chief Justice may make regulations with respect to the enrolment, engrossment, filing or registration in the Court of Judicature of documents to which subsection (2) refers and specifying the form in which certificates of enrolment, engrossment, filing or registration are to be granted or the manner in which the respective rolls, registers or files of documents may be inspected.
  • (2) Any document which is required or authorised by any statutory provision or rule of law or practice to be enrolled or engrossed or filed or registered in any manner in the Court of Judicature(not being a document required to be filed or registered pursuant to rules of court) shall be deemed to have been duly enrolled, engrossed, filed or registered as the case may be, in compliance therewith if it is written on such material and has been filed or registered in such manner as may be authorised by regulations under this section and for this purpose “written” shall be taken as including typewritten, printed, engraved, lithographed, photographed or represented or reproduced by any mode of representing or reproducing words in a visible form.
  • (3) Except as provided by subsection (2), nothing in regulations made under this section shall prejudice or affect the operation of any statutory provision requiring or authorising the enrolment, engrossment, filing or registration of deeds in the Court of Judicature.

Court bonds

110
  • (1) Rules of court may provide that bonds to be given for the purposes of any proceedings in the High Court or the Court of Appeal—
  • (a) shall be given in such form and to such officer of the court by his official title; and
  • (b) may be given by such surety companies,

as may be prescribed.

  • (2) The bond of a surety company prescribed under subsection (1) shall be sufficient without any other surety or any affidavit of justification but in other cases rules of court may prescribe or the court ordering the bond may require that one or more than one surety be joined in the bond.
  • (3) Where a bond has been given for the purpose of proceedings in any court and it appears to the court, upon application made to it, that a condition of the bond has been broken, the court may order either—
  • (a) that the bond be enforced; or
  • (b) that the bond be assigned to a person named in the order for the purpose of being enforced by him.
  • (4) In the case of an order under subsection (3) (a), the officer of the court to whom the bond was given and, in the case of an order under subsection (3) (b), the person to whom the bond was ordered to be assigned shall be entitled by virtue of the order to enforce the bond in his own name as if it had been originally given to him and shall hold, as trustee for all persons entitled thereto, all money recoverable for the breach of the condition in respect of which the order was made.
  • (5) Any judge or officer having jurisdiction in a matter to which a bond relates may upon application made to him disallow or annul any bond upon evidence appearing to him to be sufficient to justify its disallowance or annulment.
  • (6) In this section “surety company” means a body corporate having a place of business in Northern Ireland and authorised by law to give bonds there by way of guarantee and indemnity.

Lost negotiable instruments

111

In any cause or matter founded on a negotiable instrument a court in Northern Ireland may order that the loss of such instrument shall not be set up, so long as an indemnity is given, to the satisfaction of the court or of an officer of the court specified by the court, against the claims of any other person upon such negotiable instrument.

Oaths and affidavits

112
  • (1) The Lord Chief Justice may, in accordance with rules of court, appoint persons to act, subject to such conditions and such limits as to territory, duration or purpose as he may specify in the appointment, as commissioners for oaths or notaries public and, subject to those conditions and limits, the respective persons so appointed may exercise all the powers and shall perform all the duties conferred by the law of Northern Ireland on commissioners for oaths or notaries public, as the case may be.
  • (2) A commissioner for oaths may, by virtue of his commission, in Northern Ireland or elsewhere, administer any oath or take any affidavit for the purposes of any court or matter in Northern Ireland, including any matters relating to applications for notarial faculties and matters relating to the registration of any instrument, whether under a statutory provision or otherwise, and take any bail or recognizance in or for the purpose of any civil proceeding in the High Court or the Court of appeal.
  • (3) Every person who, being an officer of or performing duties in relation to any court, is for the time being so authorised by the Lord Chief Justice or by a judge of the court, or by or in pursuance of any rules or orders regulating the procedure of the court, and every person directed to take an examination in any cause or matter in the High Court or the Court of Appeal, shall have authority to administer any oath or take any affidavit required for any purpose connected with his duties.
  • (4) Any oath or affidavit required for the purpose of any court or matter in Northern Ireland, or for the purpose of the registration of any instrument in any part of the United Kingdom, may be taken or made in any place out of Northern Ireland before any person having authority to administer an oath in that place.
  • (5) In the case of a person having such authority otherwise than by the law of a foreign country, judicial and official notice shall be taken of his seal or signature affixed, impressed or subscribed to or on any such oath or affidavit.
  • (6) Every commissioner before whom any oath or affidavit is taken or made under this Act shall state truly in the jurat or attestation at what place and on what date the oath or affidavit is taken or made.
  • (7) In this section “affidavit” includes statutory or other declaration, acknowledgment, examination, and attestation or protestation of honour.
  • (8) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (3)—
  • (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).

Appointment of conveyancing counsel

113
  • (1) The High Court may, for the purposes of any civil cause or matter before it, appoint to act as conveyancing counsel to the court a person who has practised for not less than ten years at the Bar of Northern Ireland.
  • (2) Rules of court may make provision with respect to the appointment and allowances of counsel appointed under subsection (1).

Other law in Northern Ireland courts

114
  • (1) For the purposes of proceedings before any court in Northern Ireland whether sitting with or without a jury, any question, as to the effect of evidence given with respect to the law of any country or territory outside Northern Ireland shall be a matter to be determined by the judge of the court.
  • (2) Without prejudice to any other statutory provision or to any rule of law or practice, in proceedings before a court in Northern Ireland judicial notice may be taken of the law of England and Wales or of the law of the Republic of Ireland.
  • (3) In proceedings before a court in Northern Ireland a person who is suitably qualified to do so on account of his knowledge or experience is competent to give expert evidence as to the law of any country or territory outside Northern Ireland, irrespective of whether he has acted, or is entitled to act, as a legal practioner in that country or territory.
  • (4) Where any question as to the law of any country or territory outside Northern Ireland with respect to any matter has been determined (whether before or after the commencement of this section) in any such proceedings as are mentioned in subsection (6), then in any subsequent proceedings before a court in Northern Ireland not otherwise empowered to take judicial notice of that determination—
  • (a) any finding made or decision given on that question in the first-mentioned proceedings shall, if reported or recorded in citable form, be admissible in evidence for the purpose of proving the law of that country or territory with respect to that matter; and
  • (b) if that finding or decision, as so reported or recorded, is adduced for that purpose, the law of that country or territory with respect to that matter shall be taken to be in accordance with that finding or decision unless the contrary is proved, but this paragraph shall not apply in the case of a finding or decision which conflicts with another finding or decision on the same question adduced by virtue of this subsection in the same proceedings.
  • (5) Except with the leave of the court, a party to any proceedings shall not be permitted to adduce any such finding or decision by virtue of subsection (4) unless, before the hearing at which he seeks to adduce it, written notice that he intends to do so has been served on each of the other parties to the proceedings or on his solicitor.
  • (6) The proceedings referred to in subsection (4) are the following, whether civil or criminal, namely—
  • (a) proceedings at first instance in any of the following courts, namely the High Court or the Crown Court, or the High Court or the Crown Court in England and Wales;
  • (b) appeals arising out of any such proceedings as are mentioned in paragraph (a);
  • (c) proceedings before the Judicial Committee of the Privy Council on appeal (whether to Her Majesty in Council or to the Judicial Committee as such) from any decision of any court outside the United Kingdom.
  • (7) For the purpose of this section a finding or decision on any such question as in mentioned in subsection (4) shall be taken to be reported or recorded in citable form if, but only if, it is reported or recorded in writing in a report, transcript or other document which, if that question had been a question as to the law of Northern Ireland could be cited as an authority in legal proceedings in Northern Ireland.

Official seals

115
  • (1) There shall be an official seal of the Court of Judicature which shall be used for such purposes as the Lord Chief Justice may direct or as may be authorised or required by any statutory provision.
  • (2) The seals heretofore used in the High Court and the Court of Appeal may continue to be used.
  • (3) The Lord Chief Justice may from time to time direct what seals shall be used in the several divisions and departments of the Court of Judicature.
  • (4) All writs, decrees, orders, instruments, certificates and other documents and copies thereof which purport to be sealed with a seal provided under this section shall, in all parts of the United Kingdom, be judicially noticed and received in evidence without further proof of their authenticity.

Fees

116
  • (1) The Lord Chancellor, after consultation with the Lord Chief Justice and with the concurrence of the Treasury may by order fix the fees to be taken in any court in Northern Ireland or in any office or by any officer connected with any such court (including the Accountant General and the office maintained under section 77(2)) or by the Enforcement of Judgments Office and may from time to time increase, reduce or abolish any such fees or fix new fees to be so taken.
  • (1A) Without prejudice to the generality of subsection (1), an order under that subsection may make provision for exemptions from fees and remission of fees (in whole or in part).
  • (2) The Lord Chancellor, after consultation with the Lord Chief Justice and with the concurrence of the Treasury, may by order fix the fees to be taken by commissioners for oaths or notaries public and may from time to time increase, reduce or abolish any such fees or fix new fees to be so taken.
  • (3) Any functions heretofore exercisable by any other authority or person in relation to the fixing of the fees mentioned in subsections (1) and (2) shall cease to be exercisable.
  • (4) An order under subsection (1) or (2) may provide for the manner in which any fees fixed thereby are to be taken, applied and accounted for but, subject to any provision so made, the fees mentioned in those subsections shall continue to be taken, applied and accounted for as heretofore.
  • (5) Nothing in this section affects section 39 of the Administration of Justice Act 1982 (which includes provision relating to the costs of administering funds in court).

Transfer of certain functions relating to courts to Lord Chancellor

117
  • (1) The functions heretofore exercisable by the Secretary of State under the enactments listed in subsection (2) and under any instrument made under any such enactment are hereby transferred to the Lord Chancellor.
  • (2) The enactments referred to in subsection (1) are—
  • (a) in the Administration of Justice Act (Northern Ireland) 1954, sections 11 and 14;
  • (b) the Coroners’ Act (Northern Ireland) 1959;
  • (c) the County Courts Act (Northern Ireland) 1959;
  • (d) the Magistrates’ Courts Act (Northern Ireland) 1964 (except sections 25(1) and 46);
  • (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part XI — Interpretation and General

Application to the Crown

118
  • (1) The provisions of this Act shall bind the Crown but, as respects civil proceedings to which the Crown Proceedings Act 1947 applies, shall do so only so far as (but no further than) those proceedings can be brought by or against the Crown in accordance with that Act as it applies in Northern Ireland in relation to the Crown in right of Her Majesty’s Government in the United Kingdom and in right of Her Majesty’s Government in Northern Ireland.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) In this section references to the Crown do not include reference to Her Majesty in Her private capacity nor to Her Majesty in right of Her Duchy of Lancaster, nor to the Duke of Cornwall and nothing in this section prejudices the operation of section 31(8) and (9).

Making and control of subordinate legislation

119
  • (1) Any power conferred by the preceding provisions of this Act on the Department of Justice to make an order or rules or on the Lord Chief Justice to make regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
  • (2) Any statutory rule made under section 2(3), 3(4) or (6), 62(6) or 97(2) is subject to affirmative resolution (within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954).
  • (3) Any other statutory rule made under this Act by the Department of Justice (except an order under section 68(3) or 116) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
  • (4) Any power mentioned in subsection (1) to make an order ... includes power to vary or revoke the order by a subsequent order made under that power.
  • (5) Any power conferred by this Act or by any enactment listed in section 117(2) . . . to give directions includes power to vary or revoke any directions so given.

Interpretation

120
  • (1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
  • “action” means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules of court, but does not include a criminal proceeding by or in the name of the Crown;
  • “Attorney General” means the Attorney General for Northern Ireland;
  • “cause” includes any action, suit or other original proceeding between a plaintiff and a defendant, and any criminal proceeding by or in the name of the Crown;
  • “costs” includes fees, charges, disbursements, expenses or remuneration;
  • “court of assize” has the meaning assigned to it by section 42(1) of the Interpretation Act (Northern Ireland) 1954;
  • “Court of Criminal Appeal” means the Court of Criminal Appeal heretofore existing in Northern Ireland;
  • “county court” means a county court held ... under the County Courts (Northern Ireland) Order 1980;
  • “Criminal Appeal Act” means the Criminal Appeal (Northern Ireland) Act 1980;
  • “defendant” includes any person served with any writ of summons or process or served with notice of, or entitled to attend, any proceedings;
  • “division” ... means division of the High Court;
  • “heretofore” means immediately before the date of the commencement of the provision in which it occurs;
  • “judgment” includes order, decision and decree;
  • “jurisdiction” includes power and authority;
  • “lower deciding authority” includes any inferior court or other tribunal and any authority exercising judicial or quasi-judicial functions;
  • “magistrates’ court” has the meaning assigned to it by Article 2(2)(b) of the Magistrates’ Courts (Northern Ireland) Order 1981;
  • “matter” includes every proceeding in court not in a cause;
  • “party” includes every person served with notice of or attending any proceeding, although not named on the record;
  • “plaintiff” includes every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons or otherwise;
  • “pleading” includes a petition or summons, the statement in writing of the claim or demand of a party and of the defence or reply of a party to a claim or demand made against him;
  • “prescribed” means prescribed by rules of court;
  • “Royal Courts of Justice” means the building at Chichester Street, Belfast, in which sittings of the High Court and the Cour of Appeal have heretofore been held;
  • “rules of court” means rules of court (including forms) made by the Rules Committee;
  • “sentence” has the meaning assigned to it by section 30 of the Criminal Appeal (Northern Ireland) Act 1980;
  • “statutory officer” has the meaning assigned to it by section 70(1);
  • “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
  • (2) Any reference in this Act to a statutory provision shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any other statutory provision including this Act.
  • (3) Section 38 of the Interpretation Act 1889 shall have the same effect in relation to any repeal by this Act of a statutory provision other than an Act of the Parliament of the United Kingdom as it has in relation to the repeal by this Act of such an Act.
  • (4) In this Act, except where otherwise indicated,—
  • (a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered;
  • (b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered;
  • (c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered; and
  • (d) a reference in a paragraph of a section, subsection or Schedule to a numbered sub-paragraph is a reference to the sub-paragraph of that paragraph so numbered.

Financial provisions

121
  • (1) There shall be paid out of money provided by Parliament any sums required by a Minister of the Crown or department of the Government of the United Kingdom for making payments under or by virtue of this Act, or for defraying the expenses of its operation.
  • (2) There shall be paid out of money so provided or, as the case may be, out of or into the Consolidated Fund any increase attributable to this Act in the sums so payable under any other statutory provision.

Minor and consequential amendments, transitional provisions and repeals

122
  • (1) The minor and consequential amendments specified in Schedule 5 and the transitional provisions specified in Schedule 6 shall have effect as provided by those Schedules.
  • (2) Subject to those transitional provisions and to section 38 of the Interpretation Act 1889 as extended by section 120(3), the statutory provisions mentioned in Schedule 7 (which includes certain obsolete or unnecessary enactments) are hereby repealed to the extent specified in the third column of that Schedule.

Short title and commencement

123
  • (1) This Act may be cited as the Judicature (Northern Ireland) Act 1978.
  • (2) This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.
  • (3) Without prejudice to the operation of Schedule 6, an order under subsection (2) may make such transitional provision as appears to the Lord Chancellor to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force, and such savings of the provisions repealed by Schedule 7, as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).
  • (4) Any reference in this Act to the commencement of a provision of this Act shall be construed as a reference to the day appointed under subsection (2) for the coming into operation of that provision.

SCHEDULE 1

1
  • (1) Subject to sub-paragraph (2) an application to the court below for leave to appeal shall be made within the period of 28 days beginning with the relevant date; and an application to the Supreme Court for such leave shall be made within the period of 28 days beginning with the date on which the application is refused by the court below.
  • (1A) In sub-paragraph (1), “the relevant date” means—
  • (a) the date of the decision of the court below, or
  • (b) if later, the date on which that court gives reasons for its decision.
  • (2) . . . The Supreme Court or the court below may, upon application made at any time by the defendant, extend the time within which an application may be made by him to that House or the court below under sub-paragraph (1).
2

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

3
  • (1) Without prejudice to any other power to grant bail, a person appealing or applying for leave to appeal from the Court of Appeal or the High Court under section 41 may be admitted to bail by the court below pending the appeal; and in relation to any recognizances to be entered into under Article 148 of the Magistrates’ Courts (Northern Ireland) Order 1981 or under Article 63 of the County Courts (Northern Ireland) Order 1980 any reference in that section or that Article to the judgment of the Court of Appeal shall be construed as including a reference to the judgment of the the Supreme Court or, if the case is remitted by the Supreme Court to the Court of Appeal, to the judgment of that court on the case as so remitted.
  • (2) Where application is made to the High Court or the Court of Appeal for leave to appeal, that court may give such directions as it thinks fit for discharging or enlarging any recognizances entered into by the applicant or any surety, under any statutory provision or otherwise, with reference to the proceedings of that court.
4
  • (1) Where the defendant in any proceedings from which an appeal lies under section 41 would, but for the decision of the court below, be liable to be detained, and immediately after that decision the prosecutor is granted, or gives notice that he intends to apply for, leave to appeal, the court may make an order providing for the detention of the defendant or directing that he shall not be released except on bail, which may be granted by the court as under paragraph 3 so long as any appeal under section 41 is pending.
  • (2) An order under sub-paragraph (1) shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would have been liable to be detained but for the decision of the court below.
  • (3) Any order made under sub-paragraph (1) for the detention of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an order or direction under the Mental Health (Northern Ireland) Order 1986 (other than under Article 42, 43 or 45), shall be an order authorising his continued detention in pursuance of the order or direction under the said Order, and the provisions of the said Order with respect to persons so liable (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.
  • (3A) Where an order is made under sub-paragraph (1) in the case of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an interim hospital order under Article 45 of the Mental Health (Northern Ireland) Order 1986, the order may, if the court thinks fit, be one authorising his continued detention in hospital and in that event—
  • (a) sub-paragraph (2) shall not apply to the order;
  • (b) Part III of that Order shall apply as if he had been ordered under this paragraph to be detained in custody so long as any appeal under section 41 is pending and were detained in pursuance of a transfer direction together with a restriction direction; and
  • (c) if the defendant is detained by virtue of this sub-paragraph and the appeal by the prosecutor succeeds, paragraph (2) of the said Article 45 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.
  • (4) Where the court below has power to make an order under sub-paragraph (1) and either no such order is made or the defendant is released or discharged by virtue of sub-paragraph (2) (3) or (3A) before the appeal is disposed of, the defendant shall not be liable to be again detained as the result of the decision of the the Supreme Court on the appeal.
5
  • (1) Where a person subject to a sentence is admitted to bail pending an appeal under section 41, the time during which he is at large after being so admitted shall be disregarded in computing the term of his sentence.
  • (2) Subject to sub-paragraph (1), any sentence passed on an appeal under section 41 in substitution for another sentence shall, unless the the Supreme Court or the court below otherwise directs, begin to run from the time when that other sentence would have begun to run.
6
  • (1) Rules of court may be made—
  • (a) for determining the cases in which the powers of the Court of Appeal under section 41 and this Schedule may be exercised by a judge thereof;
  • (b) for prescribing the persons before whom and the manner in which a recognizance shall be entered into, or other security given, where bail is granted to a person under paragraph 3 or 4 pending an appeal under section 41 from a decision of the High Court or Court of Appeal, and the manner in which any such recognizance or security may be enforced;
  • (c) for authorising the recommittal of any person to whom bail is granted.
  • (2) A defendant who is detained pending an appeal under section 41 shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto except where Supreme Court Rules or rules of court authorise him to be present or where the Supreme Court or the court below, as the case may be, gives him leave to be present.

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

1

In its application to a statutory officer in respect of his service as such the principal civil service pension scheme shall be modified as set out in paragraphs 2 and 3.

2

For the purpose of calculating reckonable service (but not qualifying service) any period of service after the commencement of section 70 shall be deemed to be increased by one third; but an officer shall not be deemed by virtue of this paragraph to have more than 40 years’ reckonable service.

3

Notwithstanding paragraph 2, any lump sum payable in addition to pension under the scheme in respect of a period of actual service not exceeding 12 years shall be calculated in accordance with the following Table, with proportionate adjustment for any fraction of a year’s service:—

4

Expressions used in this Schedule and in the principal civil service pension scheme have the same meaning in this Schedule as in that scheme.

SCHEDULE 5

Part I — General Amendments

1
  • (1) Except where the contrary is expressly provided by or under this Act, references in any statutory provision to, or which are by virtue of any statutory provision heretofore in force to be construed as references to, the Court of Judicature of Judicature of Northern Ireland, the High Court of Justice in Northern Ireland or the Court of Appeal in Northern Ireland or to divisions, judges, offices or officers of any such court, shall be construed, respectively, as references to the Court of Judicature exclusive of the Crown Court, the High Court or the Court of Appeal as constituted under this Act and to the divisions, judges, offices or officers of those courts by which or by whom any jurisdiction or business to which the reference relates is for the time being to be exercised or transacted, whether by virtue of this Act or of any other statutory provision.
  • (2) The reference in sub-paragraph (1) to business to be transacted includes a reference to any matter requiring the concurrence, approval, advice or consent of a judge or of more than one judge of the Court of Judicature, the High Court or the Court of Appeal.
2
  • (1) In any statutory provision whether passed or made before, on or after the coming into operation of Part IV of this Act, for any reference or expression in the first column of the Table below there shall, in relation to Northern Ireland, be substituted the relevant reference or expression in the second column of the Table.
  • (2) Sub-paragraph (1) shall not apply where the context otherwise requires and in particular shall not apply in relation to a sentence imposed, or other things done, by a court before the coming into operation of Part IV of this Act or to any reference to records of any court.
Reference Reference Substituted reference
1. Court of gaol delivery or of oyer and terminer. The Crown Court.
2. Court of assize, or assizes, where the context does not relate to civil jurisdiction. The Crown Court
3. Court of assize, or assizes, where the context relates either to criminal or civil jurisdiction. The Crown Court or the High Court or, as the case may be, the High Court and not the Crown Court.
4. The county court where the context relates to the jurisdiction of that court to try persons on indictment. The Crown Court.
5. Judge, justice or commissioner of assize, or judge acting during assizes. The Crown Court or the High Court or both, according as the reference is to criminal jurisdiction or civil jurisdiction or to both.
6. County court judge or recorder where the context relates to the jurisdiction of the county court to try persons on indictment. The Crown Court.
7. Clerk of the Crown and peace where the context relates to the jurisdiction of the county court to try persons on indictment or to the criminal jurisdiction of courts of assize. The appropriate officer of the Crown Court.
8. Other officer in the county court service for Northern Ireland whose duties related exclusively to the criminal jurisdiction of courts of assize. The appropriate officer of the Crown Court.
9. Clerk of the court where the court is the Crown Court. The appropriate officer of the Crown Court.
3

References in any statutory provision to rules made under section 7 of the Northern Ireland Act 1962 or which are by virtue of any statutory provision heretofore in force to be construed as references to such rules shall be construed as references to rules of court made under section 55 of this Act.

4

Paragraphs 1 to 3 apply subject to the provisions of this Act and, in particular, do not prejudice the operation of any specific amendments contained in this Schedule.

Part II — Specific Amendments

(1) Acts of the Parliament of the United Kingdom

The Crown Debts Act 1801

In section 5 for the words from " into the Bank of Ireland " to the end substitute the words " into the Supreme Court in Northern Ireland ".

The Writ of Subpoena Act 1805

In sections 3 and 4 references to a writ of subpoena requiring the appearance of a person to give evidence shall be construed as including references to any summons or order issued by the Crown Court in Northern Ireland for the appearance of a person before it

The Tumultuous Risings (Ireland) Act 1831

In section 9 for the words from " the judge, assistant barrister " to " court as aforesaid " substitute the words " any judge of the Crown Court " and for the words from "clerk of the crown, clerk of the peace" to " them forthwith" substitute the words " appropriate officer of that court ".

The Constabulary (Ireland) Act 1836

In section 16 for die words "at any assizes or sessions of the peace " substitute the words " by any court of justice in Northern Ireland ".

The Parliamentary Documents Deposit Act 1837

For any reference to the clerk of the peace there shall, as respects Northern Ireland, be substituted a reference to the clerk of the district council.

The Slave Trade Act 1843

In section 4(1), as it applies to Northern Ireland, for the words " Her Majesty's said court" and " Her Majesty in her Court of Queen's Bench (in manner set forth and prescribed in the East India Company Act 1772) " substitute the words " the Crown Court ".

The Lands Clauses Consolidation Act 1845

At the end of section 3 add the following definition—

Section 9 shall, in the case of purchase money or compensation for, or compensation for damage or injury to, lands in Northern Ireland, have effect with the insertion after the words " deposited in the Bank ". of the words " or the Supreme Court ".

Section 69 shall, in the case of purchase money or compensation payable in respect of, or of an interest in, or for damage to, lands in Northern Ireland, have effect with the substitution for the words from " be paid into the Bank " to " the said courts " of the words " be paid into the Supreme Court ".

Section 70 shall, in the case of money paid into the Supreme Court, have effect with the substitution for the words from " and until the money " to " annual proceeds thereof paid " of the words " and if, before it is so applied, it is dealt with under section 81 or 82 of the Judicature (Northern Ireland) Act 1978, the annual proceeds thereof shall be paid ".

Section 71 shall, in the case of purchase money or compensation payable in respect of, or of an interest in, or for damage to, lands in Northern Ireland, have effect with the substitution for the words " into the Bank " where they twice occur of the words " into the Supreme Court ".

Section 73 shall, in the case of money payable in respect of the taking, using or interfering with lands in Northern Ireland, have effect with the substitution for the words " into the Bank " where they twice occur of the words " into the Supreme Court ".

Section 76 shall, in the case of, or of an interest in, lands in Northern Ireland that have, or has, been purchased or taken, have effect with the substitution for the words from " to deposit the purchase money " to the end of the words " to pay into the Supreme Court the purchase money or compensation payable in respect of such lands ".

Section 78 shall, in the case of purchase money or compensation payable in respect of, or of an interest in, lands in Northern Ireland, have effect as if, after the word " so" (in both places where it occurs) there were inserted the words " paid or " and as if for the words from " order such money " to " thereof " (where it last occurs) there were substituted the words " order distribution of the money according to the respective estates, titles or interests of the parties making claim to such money or lands, or any part thereof, and if, before the money is distributed, it is dealt with under section 81 or 82 of the Judicature (Northern Ireland) Act 1978 payment likewise of the dividends thereof ".

Section 84 shall, in the case of lands in Northern Ireland, have effect with the substitution for the words " deposited in the Bank " of the words " paid into the Supreme Court ".

Section 85 shall, in the case of lands in Northern Ireland have effect as if for the words " to deposit in the Bank ", the words " so to be deposited", the words "for deposit in the Bank", the words " deposited in the Bank " and the words " such deposit" there were respectively substituted the words " to pay into the Supreme Court " , the words " so to be paid ", the words " for payment into the Supreme Court", the words " paid into the Supreme Court" and the words " such payment ".

The Act shall, in its application to Northern Ireland, have effect with the substitution for sections 86, 87 and 88 of the following section:—

Section 89 shall, in the case of lands in Northern Ireland, have effect as if for the words " deposited the same in the Bank " there were substitued the words " paid the same into the Supreme Court ".

Section 99 shall, in the case of lands in Northern Ireland, have effect with the substitution for the words " and upon payment or deposit in the Bank of the compensation so determined " of the words " and upon payment of the compensation so determined either to the persons entitled thereto or into the Supreme Court ".

Section 100 shall, in the case of lands in Northern Ireland, have effect with the substitution for the words " on deposit thereof in the Bank " of the words " on payment thereof into the Supreme Court", with the substitution for the words " deposited as aforesaid " of the words "paid into the Supreme Court as aforesaid" and with the substitution for the words from " by payment " to the end of the words " by payment, as hereinafter provided, of compensation for the same either to the persons entitled thereto or into the Supreme Court ".

Section 107 shall, in the case of lands in Northern Ireland over which commonable or other rights subsist, have effect with the substitution for the words " deposit in the Bank in the manner provided in the like case " of the words " payment into the Supreme Court " with the omission of the words " or deposited " and with the substitution for the words " so deposited " of the words "so paid into the Supreme Court ".

Section 109 shall, in the case of lands in Northern Ireland subject to a mortgage, have effect with the substitution for the words " to deposit in the bank, in the manner provided by this Act in like cases " of the words " to pay into the Supreme Court ".

Section 111 shall, in the case of lands in Northern Ireland subject to a mortgage, have effect with the substitution for the words from " to deposit " to " every such payment or deposit" of the words " to pay into the Supreme Court the amount of such value or compensation ; and the making of payment to the mortgagee or into the Supreme Court" and for the words " by such payment or deposit" of the words " by payment to the mortgagee or into the Supreme Court ".

Section 113 shall, in the case of lands in Northern Ireland subject to a mortgage, have effect with the substitution for the words from " to pay the amount " to " such payment or deposit" of the words " to pay into the Supreme Court the amount of such value or compensation ; and the making of payment to the mortgagee or into the Supreme Court ".

Section 117 shall, in the case of lands in Northern Ireland charged with payments or incumbrances not otherwise provided for in the Act, have effect with the substitution for the words from " to deposit " to " like cases ", of the words " to pay into the Supreme Court the amount of the compensation ".

In Schedule A as it applies to the conveyance of land, or an interest in land, in Northern Ireland, for the words from " Bank " where first occurring to " Chancery" substitute the words " the Supreme Court ".

The Indictable Offences Act 1848

In sections 12 and 14 for any reference to justices of oyer and terminer or gaol delivery in Northern Ireland, there shall be substituted a reference to the Crown Court there.

The Trustee Act 1850

The following amendments shall be made to the Act as it applies to Northern Ireland.

In section 2 for the definition of " Lord Chancellor " substitute the following definition—

Throughout the Act for any reference (however expressed) to the Lord Chancellor, intrusted by virtue of the Queen's sign manual with the care of the persons and estates of lunatics, substitute a reference to the High Court.

In section 41 for the words " one of the masters in ordinary of the Court of Chancery " substitute the words " the Master (Chancery) ".

In section 45 for the words " the Court of Chancery ", " the said Court of Chancery " and " the said court" substitute, in each case the words " the High Court ".

In section 48 for the words from " Bank of England " to " Accountant General " substitute the words " Supreme Court " and the words " of the Bank of England " shall be omitted.

The Railways Act (Ireland) 1851

In section 19 for the words from " into the Bank of Ireland " to " Court of Chancery in Ireland" substitute the words " into the Supreme Court of Judicature of Northern Ireland " and for the words " into the said Bank " substitute the words " into that Court ".

The Fines Act (Ireland) 1851

In section 1 for the words from " the several officers " to " the proceedings " substitute the words

In section 2, in paragraph 2 for the words from " within fourteen days " to " or sittings " substitute the words " immediately after the conclusion of the sitting " and for the words " thirty days " substitute the words " fourteen days ".

In section 3, in paragraph 1 for the words " within one week from the expiration of thirty days " substitute the words " immediately upon the expiration of fourteen days ".

In section 10 for the words " several assistant barristers, recorders of cities or boroughs and ", the words " assistant barrister, recorder " and the words " assistant barrister or recorder " substitute the words " judge of the Crown Court ".

The Petty Sessions (Ireland) Act 1851

In section 30 for the reference to justices of oyer and terminer and general gaol delivery in Northern Ireland there shall be substituted a reference to the Crown Court there.

The Trustee Act 1852

In sections 6 and 7 for the words " the Lord Chancellor intrusted as aforesaid ", wherever occurring, substitute the words " the High Court of Justice in Northern Ireland ".

The Irish Bankrupt and Insolvent Act 1857

Throughout the Act for any reference to a general order by the Court substitute a reference to rules of court made under section 55 of this Act. In section 4 for the definition of " the Court " substitute—

In section 59 for the words " Lord Chancellor" substitute the words " Secretary of State ".

The Probates and Letters of Administration Act (Ireland) 1857

For any reference in sections 55, 57 or 71 to rules or orders under the Act of 1857 substitute a reference to rules of court made under section 55 of this Act.

The Landed Estates Court (Ireland) Act 1858

In section 56 for the words from " into the Bank of Ireland " to " receipt of the money " substitute the words " into the Supreme Court of Judicature of Northern Ireland ( " the Supreme Court"), and " ; and the words " into the bank " shall cease to have effect.

In section 57 for the words " into the Bank of Ireland " and " into the said Bank" (wherever they occur) substitute the words " into the Supreme Court ".

In section 66 for the words " the Lord High Chancellor " and " in him " substitute respectively the words " the High Court " and " in it ".

In section 70 for the words from " transferred" to " Chancery in England " substitute the words " paid into the Supreme Court or (where the case may require) the Supreme Court of Judicature of England " ; for the words from " and the High Court" to " Rolls " substitute the words " and the High Courts of Justice'; for the words " transferred to the account of the Accountant General of" substitute the words " paid into "; and for the words from "the Act passed" to the end substitute the words " section 63 of the Trustee Act 1925 or section 63 of the Trustee Act (Northern Ireland) 1958 ".

The Railways Act (Ireland) 1860

In section 2 for the words " depositing in the Bank of Ireland as herein directed" substitute the words " paying into the Supreme Court of Judicature of Northern Ireland ".

In section 4 for the words " deposited as last aforesaid shall remain in the Bank " substitute the words " paid into the Supreme Court is ".

The Defence Act 1860

In sections 21 and 22 for the words " the Bank of Ireland" substitute the words " the Supreme Court in Northern Ireland ".

The Tramways (Ireland) Act 1860

In section 29, for paragraphs 1 and 2, substitute—

The Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870

In section 7 for the words from "in a court of record" to the end substitute the words " in Her Majesty's High Court of Justice in Northern Ireland ".

In section 13 for the words from the beginning to "Court for Matrimonial Causes and Matters " substitute the words " In exercising the jurisdiction referred to in section 7 the High Court " and for the words from " and to the rules " to the end substitute the words " and to rules of court ".

The Lunacy Regulation (Ireland) Act 1871

Subject to any specific amendment made by the succeeding paragraphs, throughout the Act for any reference to the Lord Chancellor intrusted as aforesaid (except in the definition of that expression in section 2) substitute a reference to the High Court of Justice in Northern Ireland.

In section 2 for the definitions of the expressions " the Lord Chancellor " , " the Lord Chancellor intrusted as aforesaid ", " the master ", " legal visitors " and " solicitors for minors and lunatics " substitute the following definitions—

In section 6 for the words " the registrar " substitute the words " the master "; and for the words from " the Lord Chancellor" onwards substitute the words " rules of court ".

In section 8 for the words " the registrar " substitute the words " the master ".

In section 11 for the words " the office of the registrar " substitute the words " the Office of Care and Protection ".

In section 12 for the words " the solicitor for minors and lunatics " substitute the words " the Official Solicitor " ; and for the words from " in such manner " onwards substitute the words " in such manner as the High Court may order, or, if it makes no order in the matter, in such manner as may be provided by rules of court ".

In section 13 for the words " the registrar " substitute the words " the master ".

In section 17 for the words " the office of the registrar " substitute the words " the Office of Care and Protection ".

In section 22 for the words " the office of the registrar " substitute the words " the Office of Care and Protection ".

In section 28 for the words "the High Court of Chancery in Ireland " substitute the words " the High Court ".

In section 30 for the words from " into the Bank of Ireland " to " Chancery " substitute the words " into the Supreme Court " ; for the words " into the name and with the privity of the said Accountant General" substitute the words " into the Supreme Court " ; and for the words " the said Accountant General ", where secondly occurring, substitute the words " the Accountant General of the Supreme Court ".

In section 35 for the words from " the general orders " to " in force " substitute the words " rules of court ".

In section 38 for the words " the offices of the master or registrar " substitute the words " the Office of Care and Protection ".

In section 41 for the words from " shall be left " to " Chancery " substitute the words " shall be filed in the Office of Care and Protection; and the Accountant-General of the Supreme Court ".

In section 47 for the words from " and the Lord Chancellor " to " seem meet" substitute the words " and rules of court may provide ".

In section 48 for the words from " when drawn up " to " registrar in lunacy " (where secondly occurring) substitute the words " shall be entered by the master ".

In section 49 for the words from " the name of " to " Chancery ", where it first occurs, substitute the words " the Supreme Court ";

for the words " the said Accountant General" substitute the words " the Accountant General of the Supreme Court " ; for the words " the Court of Chancery ", where secondly occurring, substitute the words " the High Court " ; for the words " signed by the registrar " substitute the words " signed by the master " ; and for the words from "and the registrar in lunacy" to "respectively" substitute the words " and the master shall certify ".

In section 52 for the words " office of the master " substitute the words " Office of Care and Protection ".

In section 53 for the words " the registrar or other proper officer of Her Majesty's Court of Probate in Ireland " substitute the words " the Master (Probate and Matrimonial) ".

In section 55(2) for the words from " the books " to " Chancery " substitute the words " the Supreme Court ".

In section 56 for the words from " as the Lord Chancellor" onwards substitute the words " as may be provided for by rules of court or from time to time ordered by the High Court in any particular case ".

In section 59 for the words " the office of the registrar " substitute the words " the Office of Care and Protection ".

In sections 73, 88 and 99, in each case, for the words " the Court of Chancery " substitute the words " the High Court ".

In section 90 for the words " the Court of Chancery " substitute the words " the High Court " ; and for the words " the name of the Accountant General of the Court of Chancery " substitute the words " the Supreme Court ".

In section 105 for the words " the office of the registrar " substitute the words " the Office of Care and Protection, and vouch ".

In section 110 for the words from " the office of the registrar " to " separate credit" substitute the words " the Office of Care and Protection and an office copy deposited in the office for the business of the Accountant General of the Supreme Court, and the Accountant General shall thereupon transfer or cause to be transferred such sum or amount of cash or stock held in the Supreme Court to the separate credit ".

In section 111 for the words "the Lord Chancellor intrusted as aforesaid shall from time to time direct" substitute the words " may be provided by rules of court ".

In section 114 for the words from " the Lord Chancellor shall" to " last-mentioned cases " substitute the words " may be provided by rules of court, but so that no percentage be levied or paid in the last-mentioned case ".

For section 117 substitute—

In section 118 for the words from the beginning to " seem meet substitute " Rules of court may make provision ".

After section 118 insert the following section—

The Juries Act (Ireland) 1871

In section 18 for the words from " a fee of one shilling" to the end substitute the words " such fee as may be prescribed by rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978 ".

In section 41 for the words " in any court of assize or nisi prius " substitute the words " in the High Court or the Crown Court ".

In section 42 for the words from " any court of assize " to " suit or action" substitute the words " the High Court or the Crown Court ".

The Bankruptcy (Ireland) Amendment Act 1872

In section 4 for the definition of " the Court " substitute—

In section 57 for the words from " directed " to the end substitute the words " directed by rules of court ".

In section 124 for the words from the beginning to " may prescribe " substitute the words " Rules of court may be made under section 55 of the Judicature (Northern Ireland) Act 1978 for the effectual execution of this Act and such rules may, in particular, prescribe ".

The Consolidated Fund (Permanent Charges Redemption) Act 1873

In section 3, as it applies to Northern Ireland, for the words from " paid into the Court of Chancery " to " 1872 " substitute the words " paid into the Supreme Court " and for the words " the said Court" substitute the words " the High Court ".

The Fines Act (Ireland) 1851, Amendment Act 1874

In section 2 for the words " assistant barrister, recorder " substitute the words " judge of the Crown Court ".

The Explosives Act 1875

In section 66(1), as it applies to Northern Ireland, for the words " stipendiary magistrate " substitute the words " resident magistrate ".

The Appellate Jurisdiction Act 1876

In section 25 for the words " As to Ireland, the superior courts of law and equity at Dublin ; " substitute the words " As to Northern Ireland, Her Majesty's High Court of Justice in Northern Ireland and Her Majesty's Court of Appeal in Northern Ireland ".

The Settled Estates Act 1877

In section 34 for the words " the Bank of Ireland to the account of the Accountant General ex parte the applicant" substitute the words " the Supreme Court to the account of the applicant ".

The Bills of Sale (Ireland) Act 1879

In section 4 for the definition of " prescribed " substitute—

For section 13 substitute—

For section 19 substitute—

The Settled Land Act 1882

At the end of section 2 as it applies to Northern Ireland add—

The Land Law (Ireland) Act 1887

In section 34 in the definition of " prescribed " for the words from " other proceedings " to the end substitute the words " other proceedings, means prescribed by rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978 or county court rules, as the case may be ; "

The Deeds of Arrangement Act 1887

In section 15(2) for the words " the eighty-fourth section of the Supreme Court of Judicature Act (Ireland) 1877 as regards Ireland " substitute the words " , as respects Northern Ireland, section 116 of the Judicature (Northern Ireland) Act 1978 ".

The Deeds of Arrangement Amendment Act 1890

In section 2(7) for the words "the eighty-fourth section of the Supreme Court of Judicature Act (Ireland) 1877 " substitute the words " section 116 of the Judicature (Northern Ireland) Act 1978 ".

The Witnesses (Public Inquiries) Protection Act 1892

In section 3, as it applies to Northern Ireland, for the words " quarter sessions or assizes " substitute the words " Crown Court ".

The Life Insurance Companies (Payment into Court) Act 1896

In section 3, as it applies to Northern Ireland, for the words from "High Court" to "into the High Court" substitute the words " Supreme Court ".

The Town Tenants (Ireland) Act 1906

For section 11 substitute—

The Northern Ireland (Miscellaneous Provisions) Act 1932

In section 9(3) for the words "under the Landed Estates Court (Ireland) Act 1858 or any Act amending that Act or under the Land Purchase Acts an application is made" substitute the words " an application is made to the High Court or to a county court ".

The Foreign Judgments (Reciprocal Enforcement) Act 1933

In section 13(b) for the words from " respectively" to the end substitute the words " respectively, references to sections 55 and 116 of the Judicature (Northern Ireland) Act 1978 ".

. . .

In section 18, in its application to proceedings in Northern Ireland relating to trade marks, in subsection (7) for the words from the beginning to " the Court" substitute the words " On an appeal under this section, the Court " and in subsection (8) after the word " prescribed" insert the words " by rules of court made for the purposes of this subsection under section 55 of the Judicature (Northern Ireland) Act 1978 ".

In section 32(1) as it applies to such proceedings as aforesaid, for the words from " may apply" to " the Registrar" substitute the words " may apply to the Court or, at the option of the applicant and subject to the provisions of section 54 of this Act, in the prescribed manner to the Registrar ".

In section 68(1) in the definition of " prescribed " after the word " means" insert the words " (subject to provisions relating to Northern Ireland) ".

The War Damage Act 1943

In section 33(1), as it applies to Northern Ireland, for the words from "make payment thereof" to the end substitute the words " make payment thereof into the Supreme Court or, if the amount thereof does not exceed £500, into a county court ".

The Pensions Appeal Tribunals Act 1943

In section 6(2), as it applies to Northern Ireland, for the words from " a judge of " to " conclusive " substitute the words " the Court of Appeal, appeal therefrom, within such time as may be limited by rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978, to the Court of Appeal whose decision shall be final ".

In section 14 for the words from " Lord Chancellor " to the end substitute the words " Lord Chancellor (except the reference in paragraph 7A of the Schedule) there shall be substituted references to the Lord Chief Justice of Northern Ireland ".

In the Schedule, as it applies to Northern Ireland, in paragraph 5(4)(c) for the words " a judge of the High Court" substitute the words " the Court of Appeal ".

The Exchange Control Act 1947

In Schedule 4 in paragraph 8(2) for the words from "may be made " to the end substitute the words " may be made, as respects the Supreme Court under section 55 of the Judicature (Northern Ireland) Act 1978 and, as respects county courts, under section 146 of the County Courts Act (Northern Ireland) 1959 and, as respects magistrates' courts, under section 23 of the Magistrates' Courts Act (Northern Ireland) 1964; and the reference to the court in sub-paragraph (a) shall, as regards rules to be made as respects the Supreme Court, be construed as referring to that Court, as regards rules to be made as respects county courts, be construed as referring to such county court as may be prescribed by the rules, and, as regards rules to be made as respects any other court, be construed as referring to that court. ".

The Crown Proceedings Act 1947

In this Act as it applies in Northern Ireland in relation to Her Majesty's Government in the United Kingdom and in relation to Her Majesty's Government in Northern Ireland—

The Representation of the People Act 1949

The following amendments shall be made to the Act as it applies to Northern Ireland.

In sections 66(6), 74(9), 109(8), 128(6), 145(4) and 152(6), in each case, for the words " for the time being on the rota for the trial of parliamentary election petitions " substitute the words " of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978 ".

In section 110(1) for the words from "two judges" to "their seniority " substitute the words " the two judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978 ".

In section 123(1) for the words " at assizes " substitute the words " in the High Court ".

In section 126(2) for the words " further consideration by the High Court " substitute the words " consideration by the Court of Appeal ",

and for the words " High Court " where twice subsequently occurring substitute the words " Court of Appeal ".

In section 163 in the definition of " prescribed " for the words from " rules " to the end substitute the words " rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978 ; ".

. . .

In section 38 as it applies to Northern Ireland for subsection (3) substitute—

The Maintenance Orders Act 1950

In section 13(1) for the words " in accordance with rules made by the Lord Chief Justice of Northern Ireland " substitute the words " in the prescribed manner ".

In section 25(2) for the words from the beginning to " regulating " substitute the words " Rules made under section 23 of the Magistrates' Courts Act (Northern Ireland) 1964 may regulate ".

In section 28(1) in the definition of " prescribed " for the words " by the Lord Chief Justice of Northern Ireland under this Act" substitute the words " under section 23 of the Magistrates' Courts Act (Northern Ireland) 1964 ".

The Administration of Justice Act 1956

In Part I of Schedule 1 after paragraph 4 insert—

The Geneva Conventions Act 1957

In section 4(1) as substituted by section 52 of, and Schedule 5 to, the Criminal Appeal Act 1968, for the words " the Court of criminal Appeal in Northern Ireland " substitute the words " the Court of Appeal in Northern Ireland ".

The Administration of Justice Act 1960

In paragraph 2 of Schedule 2 for the word " accordingly" substitute the words " as references to a court of the High Court of Justice in Northern Ireland consisting of two or more judges ".

The Professions Supplementary to Medicine Act 1960

In paragraph 2(2) of Schedule 2 after the words " Supreme Court of Judicature (Consolidation) Act 1925 " insert the words " , of section 67 of the Judicature (Northern Ireland) Act 1978 ".

The Veterinary Surgeons Act 1966

In paragraph 4(2) of Schedule 2 after the words " Supreme Court of Judicature (Consolidation) Act 1925 " insert the words " , of section 67 of the Judicature (Northern Ireland) Act 1978 ".

The Arbitration (International Investment Disputes) Act 1966

In section 8(b) for the words " section 7 of the Northern Ireland Act 1962" substitute the words " section 55 of the Judicature (Northern Ireland) Act 1978 ".

The Criminal Appeal Act 1968

In the paragraph of Part I of Schedule 5 which substitutes section 4(1) and (1A) for the former section 4(1) of the Geneva Conventions Act 1957 for the words " the Court of Criminal Appeal in Northern Ireland " substitute the words " the Court of Appeal in Northern Ireland ".

The Criminal Appeal (Northern Ireland) Act 1968

In section 8 and in the succeeding provisions of the Act for the words " the Court of Criminal Appeal" wherever they occur substitute the words " the Court of Appeal ".

In section 14(1) for the words from " such court" to the end substitute the words " the Crown Court at such place as the Court of Appeal may direct or, if no such direction is given, at the place at which he was originally tried or such other place as the Crown Court may direct ".

In section 20(3) for the words " the Registrar " in the first place where they occur substitute the words " the Master (Queen's Bench and Appeals) (in this Act referred to as " the Master ")" and in the other place where they occur substitute the words " the Master ".

In section 23(4), 24(1) and (2), 25(1)(b), 25(3)(b), 27 and 48A(5) for the words " the Registrar " substitute the words " the Master ".

In section 32(2) for the words " allowed by the Court of Criminal Appeal" substitute the words " allowed by the Master (Taxing Office) ".

In section 34 for the words "a court of assize or a county court under section 57 of the Children and Young Persons Act (Northern Ireland) 1950 " substitute the words " the Crown Court under section 76 of the Children and Young Persons Act (Northern Ireland) 1968 ".

In section 36(1) at the end add the words " under Part II of this Act ".

In section 46(2)(b) for the words "the court of assize or county court" where they first occur substitute the words " the Crown Court ". In section 48 after paragraph (d) insert the following paragraph—

In section 49—

In section 50—

The Family Law Reform Act 1969

In section 6(7) for the words " or under any corresponding enactment of the Parliament of Northern Ireland substitute the words " or under section 27 of the Judicature (Northern Ireland) Act 1978 ".

The Administration of Justice Act 1969

In section 16(1) for the words from " sections 3 " to " 1877 " substitute the words " section 3 of the Judicature Act 1925 there shall be substituted a reference to sections 6 and 7 of the Judicature (Northern Ireland) Act 1978 ".

In sections 20(5) and 21(4) for the words " section 7 of the Northern Ireland Act 1962" substitute the words " section 55 of the Judicature (Northern Ireland) Act 1978 ".

The Taxes Management Act 1970

In sections 58(2) and 59(5) for the words " section 1 of the Northern Ireland Act 1962 " substitute the words " section 42 of the Judicature (Northern Ireland) Act 1978 ".

The Income and Corporation Taxes Act 1970

In section 413(6) for the words from " any such moneys" to " Northern Ireland)" substitute the words " money in the Supreme Court of Judicature of Northern Ireland ".

The Administration of Justice Act 1970

In section 34(2) for the words "section 7 of the Northern Ireland Act 1962" substitute the words " section 55 of the Judicature (Northern Ireland) Act 1978 ".

The Misuse of Drugs Act 1971

In paragraph 5(2) of Schedule 3 after the words " Supreme Court of Judicature (Consolidation) Act 1925 " insert the words " , of section 67 of the Judicature (Northern Ireland) Act 1978 ".

The Tribunals and Inquiries Act 1971

In section 13(7)(a), (b) and (c), for the words " section 7 of the Northern Ireland Act 1962" substitute the words " section 55 of the Judicature (Northern Ireland) Act 1978 " and, in section 13(7)(a), for the words " section 24 of the Supreme Court of Judicature Act (Ireland) 1877 " substitute the words " section 35 of the Judicature (Northern Ireland) Act 1978 ".

The Administration of Justice Act 1973

In section 18(2)(a) for the words "to the Court of Criminal Appeal" substitute the words " from the Crown Court ".

The Social Security (Northern Ireland) Act 1975

In section 94(5) for the words " section 7 of the Northern Ireland Act 1962" substitute the words " section 55 of the Judicature (Northern Ireland) Act 1978 ".

The House of Commons Disqualification Act 1975

In section 1(3) in the definition of " civil service of the Crown" after the words " Northern Ireland " insert the words " , the Northern Ireland Court Service ".

In Part I of Schedule 1 for the words from " or Temporary County Court Judge " to " deputy of such a Judge " substitute the words " or deputy County Court Judge in Northern Ireland ". In Part III of Schedule 1 the entry relating to an officer of or attached to the Supreme Court of Northern Ireland shall cease to have effect and at the appropriate place in alphabetical order insert—

The Northern Ireland Assembly Disqualification Act 1975

In section 1(2) in the definition of " civil service of the Crown " after the words " Northern Ireland " insert the words " , the Northern Ireland Court Service ".

In Part I of Schedule 1 for the words from " or Temporary County Court Judge " to " deputy of such a Judge " substitute the words " or deputy County Court Judge in Northern Ireland ".

In Part III of Schedule 1 the entry relating to an officer of or attached to the Supreme Court of Northern Ireland shall cease to have effect and at the appropriate place in alphabetical order insert—

The Northern Ireland (Emergency Provisions) Act 1978

In sections 2(1)(a) and 3(1) for the words " of the Supreme Court" substitute the words " of the High Court or the Court of Appeal ".

For section 6 substitute—

In section 7(6) for the words " Court of Criminal Appeal" where they twice occur substitute the words " Court of Appeal ".

In section 33(5) for the words from " shall" to the end of the subsection substitute the words " shall, if he was committed to the Crown Court sitting elsewhere than in Belfast, be treated as having been committed to the Crown Court sitting in Belfast ".

In section 33(7) for the words "the Belfast City Commission" substitute the words " the Crown Court sitting in Belfast ".

(2) Acts of the Irish Parliament and Parliament of Northern Ireland

The Habeas Corpus Act (Ireland) 1781

In section 2 for the words from " in the court of King's bench " to " case shall require " substitute the words " in the Crown Court ".

In section 8 for the words " judge of assize " substitute the words " judge of the Crown Court ".

The Bankruptcy Amendment Act (Northern Ireland) 1929

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.