Judicature (Northern Ireland) Act 1978

In section 21(1) for the words from the beginning to " providing " substitute the words " Rules of court may provide " and for the words from the end of paragraph (b) onwards substitute the words " and may provide for any matters for which provision may be necessary in order to give full effect to this section and prescribe anything which is to be prescribed thereunder ".

In section 28(1)—

The Motor Vehicles and Road Traffic Act (Northern Ireland) 1929

In section 7(3) for the words from " such division or court of the Supreme Court" to the end substitute the words " the Court of Appeal and the decision of that Court shall be final ".

The Planning and Housing Act (Northern Ireland) 1931

In section 34(4) and (5) for the words " Supreme Court" wherever they occur substitute the words " Court of Appeal ".

In section 45(3) for the words "Supreme Court" substitute the words " High Court ".

The Evidence Act (Northern Ireland) 1939

In section 5(1) after the words " rules of court " insert the words " and county court rules ",

The Matrimonial Causes Act (Northern Ireland) 1939

In the long title and in section 1 for the words " Supreme Court " substitute the words " High Court ".

In section 4(1)(a) for sub-paragraph (i) substitute—

For section 27(2) substitute—

In section 30(1) for the definition of " High Court " substitute—

In section 30(1) in the definition of " Presentation " for the words " Principal Probate Registry" substitute the words " Probate and Matrimonial Office ".

The Landlord and Tenant (War Damage) Act (Northern Ireland) 1941

For section 33(7) substitute—

In section 38(1) in the definition of " rules of court " for the words from " require " to the end substitute the words " require, rules under section 55 of the Judicature (Northern Ireland) Act 1978, ".

The Criminal Justice Act (Northern Ireland) 1945

In section 35(1) for the words "a court of assize or of quarter sessions" substitute the words " the Crown Court or a county court ".

In section 35(7) for the words " court of quarter sessions " substitute the words " county court ".

The Indictments Act (Northern Ireland) 1945

In section 3(2) for the words " the rules under this Act" substitute the words " Crown Court Rules ".

In section 8 for the words " rules under this Act" substitute the the words " Crown Court rules ".

The Probation Act (Northern Ireland) 1950

In sections 4(3)(b), 6(3)(b), 6(4), 6(6), 6(8) and 7(4) for the words " a court of assize or quarter sessions " wherever they occur substitute the words " the Crown Court ".

In sections 4(3)(b), 4(4), 6(3)(b), 6(4) and 6(6) for the words " the court of assize or quarter sessions " wherever they occur substitute the words " the Crown Court ".

In section 6(2)(a) for the words " a court of assize, a judge of the High " substitute the words " the Crown Court, a judge of that ". For section 6(2)(b) substitute—

In section 8(1)(a)(i) for the words " a court of assize or county court, to the Court of Criminal Appeal" substitute the words " the Crown Court, to the Court of Appeal ".

The Prison Act (Northern Ireland) 1953

In section 6 for the words " a court of assize or quarter sessions " substitute the words " the Crown Court ".

The Juries Act (Northern Ireland) 1953

For sections 1 and 2 substitute—

The Administration of Justice Act (Northern Ireland) 1954

For section 11 substitute—

In section 14(1) for the words from the beginning to " on behalf of the Ministry " substitute the words " The Lord Chancellor " and for the word "Ministry" where it twice occurs substitute the words " Lord Chancellor ".

The Interpretation Act (Northern Ireland) 1954

In section 21—

In section 42—

The Trustee Act (Northern Ireland) 1958

In sections 35(9) and 57(4) for the words " Lord Chief Justice or Registrar in Lunacy" substitute the words " High Court or the Master (Care and Protection) ".

In section 67 omit the definition of " pay " and at the end of section 66 add—

The Coroners Act (Northern Ireland) 1959

In section 1, for the words from the beginning to " responsible " substitute the words " The Lord Chancellor shall be responsible ".

In section 2(1) for the words from the beginning to "may appoint " substitute the words " The Lord Chancellor may appoint " and for the words from " the Minister, after " to the end substitute the words " the Lord Chancellor, after consultation with the Treasury, may determine and may also, in exercise of his powers under section 69 of the Judicature (Northern Ireland) Act 1978, appoint coroner's officers and other officers to assist such coroners ".

In sections 2(2) and 3 for the word " Minister" substitute the words " Lord Chancellor ".

In section 2(3) for the words from " is a barrister-at-law " to the end substitute the words " has practised for not less than five years either as a member of the Bar of Northern Ireland or as a solicitor of the Supreme Court ".

In section 5 for the words from " moneys " to the end substitute the words " moneys provided by the Parliament of the United Kingdom ".

In section 6(2) for the word " Minister " where it twice occurs substitute the words " Lord Chancellor ".

In sections 11(3), 26 and 27(2) for the word " Ministry " wherever it occurs substitute the words " Lord Chancellor ". In section 36(1) for the words from the beginning to the end of paragraph (a) substitute—

For section 36(2) substitute—

The County Courts Act (Northern Ireland) 1959

In section 3(1) after the word " shall" insert the words " except where the Lord Chancellor otherwise directs ".

For section 5 substitute—

In section 6(2) for the words from " from hearing " to the end substitute the words " or circuit registrar from hearing and determining any civil action which he is authorised by any enactment or by county court rules to hear and determine ".

In section 6(4)(a) for the words " for which he acts as judge " substitute the words " to which he is assigned under section 102 ".

In section 33(3)(a) for the words "Registrar of the Supreme Court " substitute the words " Master (Queen's Bench and Appeals) ".

In section 36 for the words from " tried " to the end substitute the words " tried at some other place in the same division or in any other division, he may order those proceedings to be transferred to a court sitting at such other place, and they shall be heard and determined by that court accordingly ".

In section 38 for the words " section sixteen of the Summary Jurisdiction Act (Northern Ireland) 1953 " substitute the words " section 85 of the Magistrates' Courts Act (Northern Ireland) 1964 ".

In section 55 in subsection (1) for the words " under rule (3) of section twenty-seven of the Supreme Court of Judicature Act (Ireland) 1877 " substitute the words " to a third or subsequent party or to a defendant seeking contribution or indemnity ".

For section 63 substitute—

In section 71(3) at the end add the words " or by a circuit registrar ".

In section 105—

In section 114—

In section 116—

In sections 123(2), 125(3) and 126, for the words "Ministry of Finance " wherever they occur substitute the words " Minister for the Civil Service ".

In section 132 for the word " Ministry" substitute the words " Lord Chancellor ".

For section 134 substitute—

In section 136 for the words from the beginning to the beginning of paragraph (a) substitute the words " There shall be charged on and paid out of the Consolidated Fund of the United Kingdom ".

and for the words " Ministry of Finance" substitute the word " Treasury ".

In section 137 for the words from "provided by" to "all expenses " substitute the words " provided by the Parliament of the United Kingdom all expenses ".

In section 142(1) for the words from "the clerk of the Crown and peace " to the end substitute the words " a circuit registrar, a commissioner for oaths, a justice of the peace or any officer of the court designated for the purpose by the Lord Chancellor ".

In section 144 for the word "Ministry" where it twice occurs substitute the words " Lord Chancellor ".

In section 145(1) for the words " the prescribed officer" substitute the words " an officer of the court designated by the Lord Chancellor ".

In section 146—

In section 147—

In section 152(1) in the definition of " judge " for the words " for a division under this Act" substitute the words " under section 102 ".

In Part III of Schedule 2—

The Resident Magistrates’ Pensions Act (Northern Ireland) 1960

In section 1 for the words from " on attaining the age of seventy years " to the end substitute the words " at the end of the completed year of service in which he attains the age of seventy ; but where the Lord Chancellor considers it desirable in the public interest to retain him in office after that time, the Lord Chancellor may from time to time authorise him to continue in office up to such age, not exceeding seventy-two, as the Lord Chancellor thinks fit ".

The Companies Act (Northern Ireland) 1960

In section 349(9) for the words from the beginning to " Bankruptcy Acts " substitute the words " Subject to such modifications as may be made by rules of court, the Bankruptcy Acts ".

In section 389(1) and (3), for the words " a judge of the Supreme Court " substitute the words " the High Court ".

The Mental Health Act (Northern Ireland) 1961

In section 1(1)(f)—

In section 25 for the words " the Registrar of the Department for the Affairs of Mental Patients " substitute the words " the Master (Care and Protection) ".

In section 45 for the words " Lord Chief Justice, the Registrar of the Department for the Affairs of Mental Patients " substitute the words " High Court, the Master (Care and Protection) ".

In sections 48(1) and 59(2)(c), for the words " a court of assize or a county court" substitute the words " the Crown Court ".

In section 55(1) for the words " a county court or a court of assize " substitute the words " or the Crown Court ".

In section 56(6) for the words " at the next county court or, as the case may be, court of assize for " substitute the words " by the Crown Court at ".

In section 59(2)(a) and (b) and 63(2) for the words "a court of assize or the county court " substitute the words " the Crown Court ".

In section 69(1)(d) for the words " the Lord Chief Justice " where first occurring substitute the words " the High Court " and for the words " the Lord Chief Justice to exercise his functions and for the tribunal " substitute the word " them ".

In section 73(1) and 74 for the words " the Department for the Affairs of Mental Patients " substitute the words " the Office of Care and Protection ".

In section 74 for the words " the Lord Chief Justice " substitute the words " rules of court ".

In section 79(4) for the words "Supreme Court", wherever occurring, substitute the words " Court of Appeal ".

In section 87(1)—

In section 87(2) for the words " Lord Chief Justice " where first occurring substitute the words " High Court " and for the words " the Lord Chief Justice to exercise his functions, or as the case may be, for the tribunal " substitute the word " them ".

In section 101(8)(a) for the words " Lord Chief Justice " substitute the words " High Court ".

In section 111(2) for the words "the Supreme Court, and the Supreme Court" substitute the words " a judge of the High Court, who ".

In section 117(2) for the words from " the Lord Chief Justice " to " enactment " substitute the words " the High Court under section 28 of the Judicature (Northern Ireland) Act 1978 ".

The Electoral Law Act (Northern Ireland) 1962

For section 72(2) substitute—

In section 83(2), (3) and (4) for the words "Supreme Court" substitute the words " Court of Appeal ".

In paragraph 17(2) of Schedule 3, for the words " Supreme Court " substitute the words " Court of Appeal ".

The County Court Appeals Act (Northern Ireland) 1964

In section 1 for subsections (3) to (6) substitute—

In sections 2(3) and 8(1) for the words " Registrar of the Supreme Court " substitute the words " Master (Queen's Bench and Appeals) ".

In section 2(7) for the words " the Administration of Justice Act 1960" substitute the words " section 41 of the Judicature (Northern Ireland) Act 1978 ".

In section 8(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 Magistrates’ Courts Act (Northern Ireland) 1964

For section 3 substitute—

In section 6(1) for the words from " member of " to the end substitute the words " member of the Northern Ireland Court Service, notary public or commissioner for oaths ".

In section 7 for the words from the beginning to " shall" substitute the words " A person appointed as a justice of the peace shall, except where he has already done so in connection with a former appointment, ".

In section 10(1) for the word " Governor" wherever it occurs substitute the words " Lord Chancellor " and for the words " being eligible for appointment as resident magistrates " substitute the words " being persons who are eligible for appointment as, or have previously been, resident magistrates ".

For section 11 substitute—

In section 12(1) for the words from the beginning to " the salaries " substitute the words " The Lord Chancellor may, with the consent of the Minister for the Civil Service, determine the salaries ".

In section 14(1) for the words " or county borough " wherever they occur substitute the words " court division ".

In section 18(1), for the words "apply to the High Court for" substitute the words " make an application for judicial review to the High Court seeking ".

In section 20 for the word " Ministry" where it twice occurs substitute the words " Lord Chancellor " and for the words " Ministry of Finance " substitute the word " Treasury ".

In section 22 for the word " Ministry " substitute the words " Lord Chancellor ".

In section 23—

In section 24 for the word " Minister " substitute the words " Lord Chancellor ".

In section 25(1) for the word " Ministry" substitute the words " Secretary of State " and in section 25(2) for the word " Minister " substitute the words " Lord Chancellor ".

For section 30 substitute—

In section 31(1), 35(1) and (2) for the words " or county borough " wherever they occur substitute the words " court division ".

In section 32(1), (3) and (4) for the words " local jurisdictions " and " jurisdictions" wherever they occur substitute the words " county court divisions " and in section 32(2) for the words " local jurisdiction " substitute the words " county court division ".

In section 44(3), for the words " court of assize or county court" substitute the words " Crown Court ".

In section 46 for the word " Governor" substitute the words " Secretary of State ".

In section 54(1)(a) for the words " or county borough " substitute the words " court division ".

In section 58(3) for the words " a county court or court of assize " substitute the words " the Crown Court ".

In section 59(1) for the word " county" substitute the words " county court division ".

In section 87(3) and 89 for the words " or county borough" wherever they occur substitute the words " court division ".

In section 95 for the word " Ministry " wherever it occurs substitute the words " Lord Chancellor " and in subsection (8) for the words in brackets substitute the words " (other than a member of the Northern Ireland Court Service) ".

In section 110(1)(b) for the word "county" substitute the words " county court division ".

In section 138(1) for the words " a court of assize " substitute the words " the Crown Court ".

In section 142(2) for the words from " section 13 " to " to that Act" substitute the words " section 44 of the Judicature (Northern Ireland) Act 1978 ".

In section 147(2) for the words " the Administration of Justice Act 1960," substitute the words " section 41 of the Judicature (Northern Ireland) Act 1978 ".

In section 150(1) and (2) for the words from " to the clerk of petty sessions " to the end substitute, in each case, the words " to such member of the Northern Ireland Court Service as the Lord Chancellor may designate and such person shall forthwith give notice to the other party to the appeal ".

In section 152(2) for the words from " paid into " to " so, however " substitute the words " paid into the Consolidated Fund of the United Kingdom so, however ".

In section 160 for the words " section 16 of the Administration of Justice Act 1960 " substitute the words " section 25 of the Judicature (Northern Ireland) Act 1978 ".

For section 168, substitute—

In section 169 after the definition of " complainant " insert—

In Schedule 5 in paragraph 1 for the words " a court of assize or to a county court, as the case may be," substitute the words " the Crown Court ".

The Lands Tribunal and Compensation Act (Northern Ireland) 1964

In section 2—

The Charities Act (Northern Ireland) 1964

In section 30(1) for the words " The chief registrar of the Principal Probate Registry of the High Court " substitute the words " The Master (Probate and Matrimonial) " and for the words from "that Registry " to the end substitute the words " the Probate and Matrimonial Office, or of which a copy has been forwarded to him from a branch office of that Office. ".

The Legal Aid and Advice Act (Northern Ireland) 1965

In section 21(5) for the words " a county court or court of assize " wherever they occur substitute the words " the Crown Court ".

In sections 27(2) and 29(3)(b) for the words " a court of assize or a county court" substitute the words " the Crown Court ".

For paragraph 1(c) of Schedule 1 Part I substitute—

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

The Maintenance and Affiliation Orders Act (Northern Ireland) 1966

In section 10(2) after paragraph (e) insert—

The Building Societies Act (Northern Ireland) 1967

In section 98(1) for the words " Supreme Court" substitute the words " Court of Appeal ".

The Costs in Criminal Cases Act (Northern Ireland) 1968

In section 4 for the words " Court of Criminal Appeal" wherever they occur substitute the words " Court of Appeal ".

For section 7 substitute—

The Treatment of Offenders Act (Northern Ireland) 1968

In sections 19(4), 20(3), 21(3), 25 and 29(1) for the words " a court of assize or county court" wherever they occur substitute the words " the Crown Court ".

In section 19(4) for the words " the judge of the court of assize or county court, as the case may be " substitute the words " the judge of the Crown Court ".

In section 20(1) for the words from "any court of assize" to " brought or " substitute the words " the Crown Court or ".

In section 20(5) for the words " sentenced or ordered to be detained" substitute the word " tried ".

In section 21(1) for the words " or county borough " substitute the words " court division ".

In section 21(2) for the words " High Court judge or a county court judge " substitute the words " judge of the Crown Court ".

In section 25(3) for the words " assizes or county court" substitute the words " Crown Court " and for the words " the court of assize or county court" wherever they occur substitute the words " the Crown Court ".

The Children and Young Persons Act (Northern Ireland) 1968

In section 65(2) for the words from the beginning to " to be held " substitute the words " Directions given by the Lord Chancellor under section 21(3) of the Magistrates' Courts Act (Northern Ireland) 1964 ".

In sections 67(b) and 101(3) after the word " county " insert the words " court division ".

In section 76(6)(b) for the words " a court of assize or a county court, to the Court of Criminal Appeal" substitute the words " the Crown Court, to the Court of Appeal ".

In section 79(2) for the words " court of assize or the county court, as the case may be, at which the case will be tried, if tried by a jury " substitute the words " place at which the Crown Court, at which the case will be tried if tried by a jury, may sit ".

In sections 136(4) and 178(4) and in paragraphs 1(1) and 3(2) of Schedule 2 for the words " or county borough " and " and county borough " wherever they occur substitute the words " court division ".

In section 156(7) for the words " a county court or a court of assize " substitute the words " the Crown Court " and for the words "in the county or county court division in which the court of assize or county court was held when it made the contribution order " substitute the words " in Northern Ireland ".

In section 178, as originally enacted, for the word " Ministry" where it twice occurs substitute the words " Lord Chancellor ".

In Schedule 2—

The Grand Jury (Abolition) Act (Northern Ireland) 1969

In section 2(1) for the words " a court of assize or to a county court" substitute the words " the Crown Court ".

In section 2(2)(c) for the words " Court of Criminal Appeal" substitute the words " Court of Appeal ".

In section 2(2)(e) for the words " Supreme Court or a county court judge " substitute the words " High Court, Court of Appeal or Crown Court ".

In section 2(3) for the words " a court of assize or a county court " substitute the words " the Crown Court ".

The Judgments (Enforcement) Act (Northern Ireland) 1969

In section 1 for subsection (3) substitute—

For section 3 substitute—

In section 12 for the words " be deemed to be court records " substitute the words " be preserved in such manner and for such period as the Lord Chancellor may direct ".

In sections 14(1)(b), 22, 23, 24, 25, 29 and 95 for the words " a designated officer" wherever they occur subsitute the words "the Office ". In sections 19(1), 22(a), 26(1), 34(b), 40, 97 and 108(2) for the word " regulations " wherever it occurs substitute the word " rules ".

In section 40(3) for the words " fees in accordance with a schedule of fees " substitute the word " charges ".

In section 105 at the beginning of paragraph (c) insert the words " except as provided by rules ".

In section 116(2) for the words "a judge of the High Court" substitute the words " the Court of Appeal ".

For section 117 substitute—

For section 120 substitute—

In section 128(1) for the words " and any rules of court, rules or regulations made thereunder" substitute the words " , rules made thereunder and rules of court ".

In section 129(1)—

In Part II of Schedule 4 in the amendment to the Irish Bankrupt and Insolvent Act 1857 for the word "regulations" substitute the word " rules ".

The Nurses and Midwives Act (Northern Ireland) 1970

In section 46(3) for the words " The Attendance of Witnesses Act 1854 " substitute the words " Section 67 of the Judicature (Northern Ireland) Act 1978 ".

The Registration of Deeds Act (Northern Ireland) 1970

In section 3(7) for the words " Supreme Court" substitute the words " High Court or the Court of Appeal ".

The Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971

In sections 5(4) and 11(4) for the words " Registrar of the Department for the Affairs of Patients (Northern Ireland)" substitute the words " Master (Care and Protection) ".

In section 5(7) for the words " the Lord Chief Justice " wherever occurring substitute the words " the High Court ".

The Licensing Act (Northern Ireland) 1971

In sections 27(2) and 68(1) for the words " or county borough " substitute the words " court division ".

The Payments for Debt (Emergency Provisions) Act (Northern Ireland) 1971

In section 3 for the words " rules made under section 13 " substitute the words " Judgment Enforcement Rules ".

In section 9(3) for the words " a Judge of the High Court" substitute the words " the Court of Appeal ".

In section 9(4) for the words " Judge of the High Court " substitute the words " High Court or the Court of Appeal ".

In section 16(1)—

(3) Orders in Council

The Northern Ireland (Crown Proceedings) Order 1949

In Article 3(3) for the words from the beginning to " 1897 " substitute the words " The expression ' rules of court' shall mean rules made under section 55 of the Judicature (Northern Ireland) Act 1978 ".

The Prosecution of Offences (Northern Ireland) Order 1972

In Article 4(10)(a), before the words " any county court or " insert the words " the Crown Court or in ".

In Article 5(1)(g) for the words " certiorari, mandamus, prohibition or other prerogative order or injunction" substitute the words " judicial review ".

The Health and Personal Social Services (Northern Ireland) Order 1972

In paragraph 4 of Schedule 11 Part I, for the words " Supreme Court" substitute the words " Court of Appeal ".

The Juries (Northern Ireland) Order 1974

In Article 2(2) for the definition of " the Juries Officer " substitute the following definitions—

In Article 4(2) for the words from the beginning to " area who " substitute the words "The Chief Electoral Officer shall arrange to be sent to the Juries Officer for each division a list of those persons selected who reside in the division and the Juries Officer

In Article 4(3)(b), (6) (where it first occurs) and (9)(c) and Article 5(3) for the word " area " substitute the word " division ".

In Article 4(4) and (5) for the words " Area Provisional Jurors List" substitute the words " list referred to in paragraph (2) ".

In Articles 4(5), (6) and (7) and 5(3) and (4) for the word " Area " wherever it occurs substitute the word " Divisional ".

In Schedule 2—

The Administration of Justice (Northern Ireland) Order 1975

In Article 8(2) for the words " Secretary of State, on the recommendation of" substitute the words " Lord Chancellor, after consultation with " and for the words " Secretary of State " substitute the words " Lord Chancellor ".

The Treatment of Offenders (Northern Ireland) Order 1976

In Articles 2(3), 5(3)(a), 9(3)(b), 9(5), 9(7), 10(2)(b), 10(3), 14(6), 15(1) and 15(3) for the words " a court of assize or county court " wherever they occur substitute the words " the Crown Court ".

In Article 3(4) for the words " a court of assize or a county court " substitute the words " the Crown Court ".

In Article 3(5) for the words " to a court under paragraph (4), that court" substitute the words " under paragraph (4), the Crown Court ".

In Article 5(1)(b) for the words " or county borough " substitute the words " court division ".

In Article 5(3)(b) for the words "the court referred to in sub-paragraph (a)" substitute the words " the Crown Court ".

In Article 5(4) for the words " such court of assize or county court as it considers convenient" substitute the words " the Crown Court ".

In Articles 9(3)(b), 9(4), 10(2) and 10(3) for the words " the court of assize or county court, as the case may be " wherever they occur substitute the words " the Crown Court ".

In Article 9(4) for the words " that court of assize or county court" substitute the words " the Crown Court ".

In Article 14(1) for the words " a court of assize, a county court" substitute the words " the Crown Court ".

In Article 15(3) for the words " the court of assize or county court" substitute the words " the Crown Court " and for the words " the court of assize or county court, as the case may be " substitute the words " that court ".

The Solicitors (Northern Ireland) Order 1976

In Articles 15(1), 37(2), 64(1)(a) and 64(2), for the words " Supreme Court" substitute the words " High Court or the Court of Appeal ".

In Article 75(3) for the words " section 7 of the Northern Ireland Act 1962" substitute " section 55 of the Judicature (Northern Ireland) Act 1978 ".

In Article 81(a) for the words " the Court of Criminal Appeal" substitute the words " the Crown Court ".

The Sexual Offences (Northern Ireland) Order 1978

In Articles 6(2) and 8(3) for the words " county court or of the High Court " substitute the words " Crown Court ".

In Articles 6(4) and 7(2) for the words " Court of Criminal Appeal" wherever they occur substitute the words " Court of Appeal ".

SCHEDULE 6

Part I — General

1

• (1) Proceedings instituted or being carried on heretofore in a court mentioned in the first column of the Table below or in or before any division, judge, office or officer of any such court may hereafter be continued and determined before the court specified opposite such court in the second column of that Table or in or before the appropriate division, judge, office or officer of that court; and any order, writ, summons, warrant, recognizance, notice, grant of legal aid, process, proceeding or document relating to or affecting such proceedings shall have effect accordingly.

• (2) Nothing in sub-paragraph (1) affects the power of any court mentioned in the second column of the Table below to make any order in the proceedings which it is otherwise authorised to make.

First column	Second column
1. Court of Judicature of Northern Ireland.	The Court of Judicature.
2.Her Majesty’s Court of Appeal in Northern Ireland.	The Court of Appeal.
3.The Court of Criminal Appeal in Northern Ireland.	The Court of Appeal.
4.Her Majesty’s High Court of Justice in Northern Ireland sitting otherwise than as a court of assize.	The High Court.

2

Any order or appointment made, direction or authority given or thing done which—

• (a) was heretofore in force with respect to any property under the control or management of the Lord Chief Justice or the High Court or any division, judge, office or officer thereof; and

• (b) could have been made, given or done under any provision of this Act if that provision had been in force at the material time;

shall continue to have effect as if made, given or done under that provision.

3

Every rule of court made or deemed to have been made under section 7 of the Northern Ireland Act 1962 and not revoked before the commencement of section 55 shall have effect as if made under that section and may be varied or revoked accordingly.

4

General orders made by the Lord Chief Justice under section 118 of the Lunacy Regulation (Ireland) Act 1871 which were in force immediately before the commencement of section 28 shall be deemed to be rules of court and shall continue in force until amended or revoked by such rules.

5

All forms and methods of civil and criminal procedure and practice which were heretofore in force in the High Court of Justice in Northern Ireland, the Court of Appeal in Northern Ireland or the Court of Criminal Appeal, and which are not inconsistent with this Act or with the rules of court, may continue to be used in the High Court and the Court of Appeal in the cases and for the purposes in and for which they were used heretofore but with such modifications as may appear necessary in consequence of this Act.

6

Until the coming into force of section 69(1)—

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

• (b) any person heretofore holding office or serving in or in connection with—

• (i) a court mentioned in the first column of the Table mentioned in paragraph 1 shall except as provided by Part VI of this Act or Part III of this Schedule, continue in corresponding office or service in or in connection with the court specified opposite that court in the second column of that Table as if he had been appointed under sub-paragraph (a) upon the terms and conditions on which he heretofore held office or served;

• (ii) county courts, magistrates’ courts, the Enforcement of Judgments Office or coroners’ courts shall continue to do so as if he had been appointed under sub-paragraph (a) upon the terms and conditions on which he heretofore held office;

• (iii) county courts shall be deemed to be an officer of the Crown Court.

7

In so far as any instrument made or other thing done under a statutory provision repealed by this Act could have been made or done under a corresponding provision of this Act then it shall on the commencement of the relevant provision of this Act have effect as if done under that provision.

8

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

9

Until an order under section 68(3) comes into force in relation to any place in which heretofore there was established a district probate registry, that registry shall continue in existence and—

• (a) shall be deemed to be a branch office of the Probate and Matrimonial Office;

• (b) may transact such of the business of that Office as may be specified in directions given by the Lord Chancellor after consultation with the Lord Chief Justice; and

• (c) may be placed under the supervision of a circuit registrar.

10

This Part and Parts II and III of this Schedule apply subject to the express provisions of this Act.

Part II — The Crown Court

11

• (1) For the purpose of enabling indictable proceedings instituted before the commencement of Part IV of this Act to be continued thereafter, and for preserving in other respects the continuity of the administration of justice, the Crown Court shall be treated as succeeding to, and being the same court as, all courts of assize and county courts when exercising jurisdiction in or in relation to such proceedings.

• (2) Any order, writ, summons, warrant, recognizance, notice, grant of legal aid or other proceeding or document shall have effect in accordance with sub-paragraph (1) and shall be construed, unless the context otherwise requires, in accordance with the Table in paragraph 2 of Part I of Schedule 5.

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

12

Any indictable proceeding the hearing of which has begun but is not completed before the commencement of Part IV of this Act before a court of assize or county court shall be continued and disposed of as if this Act had not been passed.

13

Nothing in this Act shall affect any order made before the commencement of Part IV of this Act for the payment of costs under the Costs in Criminal Cases Act (Northern Ireland) 1968, and any such costs shall be taxable and recoverable as if this Act had not been passed.

14

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

15

• (1) Subject to any provision made by rules of court, and to sub-paragraph (2) below—

• (a) any civil proceedings (including civil bill appeals) which had been begun in a court of assize before the commencement of Part IV of this Act may be continued thereafter in the High Court as if they had been begun in the High Court, and

• (b) any act, judgment or order in civil proceedings in a court of assize shall be treated as having been done, given or made in accordance with the rules applicable to proceedings in the High Court, other than in a court of assize.

• (2) Any civil proceedings in a court of assize the hearing of which has begun but is not completed before the commencement of Part IV of this Act shall be continued and disposed of as if this Act had not passed.

16

• (1) The Lord Chief Justice may, if it appears to him expedient, give directions as to the conduct of any civil proceedings begun in a court of assize or any indictable proceedings instituted before the commencement of Part IV of this Act if in his opinion the direction is required to meet any difficulty arising from the commencement of that Part.

• (2) The preceding provisions of this Part shall have effect subject to any direction under this paragraph.

• (3) A direction under this paragraph may relate either to a specified proceeding, or to proceedings of a specified class or description.

Part III — Statutory Officers

17

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

18

Notwithstanding the provisions of section 70(2), a person who heretofore held any office in the Court of Judicature shall be qualified for appointment to any office listed in column 1 of Schedule 3.

SCHEDULE 7

PART I — ACTS OF THE PARLIAMENT OF ENGLAND, GREAT BRITAIN AND THE UNTIED KINGDOM

PART II — ACTS OF THE IRISH PARLIAMENT AND PARLIAMENT OF NORTHEN IRELAND.

PART III — ORDERS IN COUNCIL

The Court of Judicature.

12A

Her Majesty may, from time to time, appoint a qualified person as a judge of the High Court by letters patent under the Great Seal of Northern Ireland (but subject to the limit on numbers for the time being imposed by section 2).

12B

• (1) The Lord Chief Justice holds office during good behaviour (subject to section 26 of ... the Judicial Pensions and Retirement Act 1993).

• (2) Her Majesty may, on an address of both Houses of Parliament, remove a person (“P”) from office as Lord Chief Justice.

• (3) A motion for such an address may be made—

• (a) in the House of Commons, only by the Prime Minister;

• (b) in the House of Lords, only by the Lord Chancellor or, if the Lord Chancellor is not a member of that House, only by another Minister of the Crown at the Lord Chancellor's request.

• (4) No motion is to be made for the purposes of subsection (3) unless—

• (a) the Prime Minister has, after consulting the Lord Chancellor, convened a tribunal as set out below, and

• (b) the tribunal has reported to the Prime Minister recommending that P be removed from the office on the ground of misbehaviour.

• (5) No motion is to be made in the House of Commons for the purposes of subsection (3) unless the Prime Minister has laid a copy of the tribunal's report before that House.

• (6) No motion is to be made in the House of Lords for the purposes of subsection (3) unless the person making it has laid a copy of the tribunal's report before that House.

• (7) If the Prime Minister and the Lord Chancellor are considering the making of motions for the purposes of subsection (3), the Prime Minister may suspend P from the office.

• (8) If P is suspended, P may not carry out any functions of the office (but P's other rights as holder of the office are unaffected).

• (9) A tribunal is to consist of—

• (a) a person who holds high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) and who does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,

• (b) a person who is or has been a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and

• (c) a lay member of the Northern Ireland Judicial Appointments Commission (see section 3(5)(c) of the Justice (Northern Ireland) Act 2002).

• (10) The persons within subsection (9)(a) and (b) are to be selected by the Lord Chancellor after consulting—

• (a) the President of the Supreme Court of the United Kingdom,

• (b) the Lord Chief Justice of England and Wales, and

• (c) the Lord President of the Court of Session;

(or, where an office is vacant or an office holder is not available, some other appropriate person).

• (11) The person within subsection (9)(c) is to be selected by the Northern Ireland Judicial Appointments Ombudsman.

• (12) The person within subsection (9)(a) is to be the chair of the tribunal.

• (13) The tribunal's procedure is to be determined by the chair.

• (14) The Department of Justice may pay a member of a tribunal any such allowances or fees as it may determine.

• (15) Before the coming into force of section 23 of the Constitutional Reform Act 2005, in subsection (10)(a) the reference to the President of the Supreme Court of the United Kingdom is to be read as a reference to the senior Lord of Appeal in Ordinary.

12C

• (1) Lords Justices of Appeal and judges of the High Court hold office during good behaviour (subject to section 26 of ... the Judicial Pensions and Retirement Act 1993).

• (2) Her Majesty may, on an address of both Houses of Parliament, remove a person (“P”) from office as Lord Justice of Appeal or judge of the High Court.

• (3) A motion for such an address may be made—

• (a) in the House of Commons, only by the Prime Minister;

• (b) in the House of Lords, only by the Lord Chancellor or, if the Lord Chancellor is not a member of that House, only by another Minister of the Crown at the Lord Chancellor's request.

• (4) No motion is to be made for the purposes of subsection (3) unless—

• (a) the Lord Chief Justice or the Northern Ireland Judicial Appointments Ombudsman has, after consulting the other, convened a tribunal as set out below,

• (b) the tribunal has reported to the Lord Chief Justice recommending that P be removed from the office on the ground of misbehaviour, and

• (c) the following has occurred—

• (i) the Lord Chief Justice has advised the Prime Minister and the Lord Chancellor to accept the tribunal's recommendation, or

• (ii) if the Lord Chief Justice does not so advise, the Prime Minister and the Lord Chancellor have consulted the Lord Chief Justice about the recommendation.

• (5) No motion is to be made in the House of Commons for the purposes of subsection (3) unless the Prime Minister has laid a copy of the tribunal's report before that House.

• (6) No motion is to be made in the House of Lords for the purposes of subsection (3) unless the person making it has laid a copy of the tribunal's report before that House.

• (7) If the Prime Minister and the Lord Chancellor are considering the making of motions for the purposes of subsection (3), the Prime Minister may, with the agreement of the Lord Chief Justice, suspend P from the office.

• (8) If P is suspended, P may not carry out any functions of the office (but P's other rights as holder of the office are unaffected).

• (9) A tribunal is to consist of—

• (a) a person who holds high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) and who does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,

• (b) a person who is or has been a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and

• (c) a lay member of the Northern Ireland Judicial Appointments Commission (see section 3(5)(c) of the Justice (Northern Ireland) Act 2002).

• (10) The persons within subsection (9)(a) and (b) are to be selected by the Lord Chief Justice after consulting—

• (a) the Lord Chancellor,

• (b) the President of the Supreme Court of the United Kingdom,

• (c) the Lord Chief Justice of England and Wales, and

• (d) the Lord President of the Court of Session;

(or, where an office is vacant or an office holder is not available, some other appropriate person).

• (11) The person within subsection (9)(c) is to be selected by the Northern Ireland Judicial Appointments Ombudsman.

• (12) The person within subsection (9)(a) is to be the chair of the tribunal.

• (13) The tribunal's procedure is to be determined by the Lord Chief Justice.

• (14) If the tribunal recommends as mentioned in subsection (4)(b), the Lord Chief Justice must send the Prime Minister and the Lord Chancellor—

• (a) a copy of the tribunal's report,

• (b) any comments that the Lord Chief Justice wishes to make on the report, and

• (c) any comments that the Northern Ireland Judicial Appointments Ombudsman wishes to make on the report.

• (15) The Department of Justice may pay a member of a tribunal any such allowances or fees as it may determine.

• (16) Nothing in subsections (1) to (15) applies to a judge of the High Court appointed after the coming into force of section 7 of the Justice (Northern Ireland) Act 2002 (as to the removal and suspension of whom see that section).

• (17) Before the coming into force of section 23 of the Constitutional Reform Act 2005, in subsection (10)(b) the reference to the President of the Supreme Court of the United Kingdom is to be read as a reference to the senior Lord of Appeal in Ordinary.

25A

• (1) This section applies where an application is made to the High Court—

• (a) for judicial review, or

• (b) for leave to apply for judicial review.

• (2) If Conditions 1, 2 and 3 are met, the High Court must by order transfer the application to the Upper Tribunal.

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

• (3) If Conditions 1 and 2 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.

• (4) Condition 1 is that the application does not seek anything other than—

• (a) relief under section 18(1)(a) to (e);

• (b) leave to apply for relief under section 18(1)(a) to (e);

• (c) an award under section 20;

• (d) interest;

• (e) costs.

• (5) Condition 2 is that the application does not call into question anything done by the Crown Court.

• (6) Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.

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

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33A

• (1) Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—

• (i) in the case of any sum paid before judgment, the date of the payment; and

• (ii) in the case of the sum for which judgment is given, the date of the judgment.

• (2) Subject to the rules or court, where—

• (a) there are proceedings (whenever instituted) before the High Court for the recovery of a debt; and

• (b) the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),

the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.

• (3) Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

• (4) Without prejudice to the generality of section 55, rules of court may provide for a rate of interest by reference to a rate for which any other enactment provides.

• (5) Interest under this section may be calculated at different rates in respect of different periods.

• (6) In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages.

• (7) Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.

Right of audience.

51A

• (1) This section applies where the Crown Court is satisfied that—

• (a) a person is likely to be able to give evidence likely to be material evidence, or produce any document or thing likely to be material evidence, for the purpose of any criminal proceedings before the Crown Court, and

• (b) it is in the interests of justice to issue a summons under this section to secure the attendance of that person to give evidence or to produce the document or thing.

• (2) In such a case the Crown Court shall, subject to the following provisions of this section, issue a summons (a witness summons) directed to the person concerned and requiring him to—

• (a) attend before the Crown Court at the time and place stated in the summons, and

• (b) give the evidence or produce the document or thing.

• (3) A witness summons may only be issued under this section on an application; and the Crown Court may refuse to issue the summons if any requirement relating to the application is not fulfilled.

• (4) Where a person has been committed for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after the committal.

• (5) Where the proceedings concerned have been transferred to the Crown Court, an application must be made as soon as is reasonably practicable after the transfer.

• (6) Where the proceedings concerned relate to an offence in relation to which an indictment has been presented under the authority of section 2(2)(c), (d), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969, an application must be made as soon as is reasonably practicable after the indictment is presented.

• (7) An application must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.

• (8) Crown Court rules—

• (a) may, in such cases as the rules may specify, require an application to be made by a party to the case;

• (b) may, in such cases as the rules may specify, require the service of notice of an application on the person to whom the witness summons is proposed to be directed;

• (c) may, in such cases as the rules may specify, require an application to be supported by an affidavit containing such matters as the rules may stipulate;

• (d) may, in such cases as the rules may specify, make provision for enabling the person to whom the witness summons is proposed to be directed to be present or represented at the hearing of the application for the witness summons.

• (9) Provision contained in Crown Court rules by virtue of subsection (8)(c) may in particular require an affidavit to—

• (a) set out any charge on which the proceedings concerned are based;

• (b) specify any stipulated evidence, document or thing in such a way as to enable the directed person to identify it;

• (c) specify grounds for believing that the directed person is likely to be able to give any stipulated evidence or produce any stipulated document or thing;

• (d) specify grounds for believing that any stipulated evidence is likely to be material evidence;

• (e) specify grounds for believing that any stipulated document or thing is likely to be material evidence.

• (10) In subsection (9)—

• (a) references to any stipulated evidence, document or thing are to any evidence, document or thing whose giving or production is proposed to be required by the witness summons;

• (b) references to the directed person are to the person to whom the witness summons is proposed to be directed.

51B

A witness summons which is issued under section 51A and which requires a person to produce a document or thing as mentioned in section 51A(2) may also require him to produce the document or thing—

• (a) at a place stated in the summons, and

• (b) at a time which is so stated and precedes that stated under section 51A(2),

for inspection by the person applying for the summons.

51C

• (1) If—

• (a) a document or thing is produced in pursuance of a requirement imposed by a witness summons under section 51B,

• (b) the person applying for the summons concludes that a requirement imposed by the summons under section 51A(2) is no longer needed, and

• (c) he accordingly applies to the Crown Court for a direction that the summons shall be of no further effect,

the court may direct accordingly.

• (2) An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.

• (3) Crown Court rules may, in such cases as the rules may specify, require the effect of a direction under this section to be notified to the person to whom the summons is directed.

51D

• (1) If a witness summons issued under section 51A is directed to a person who—

• (a) applies to the Crown Court,

• (b) satisfies the court that he was not served with notice of the application to issue the summons and that he was neither present nor represented at the hearing of the application, and

• (c) satisfies the court that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence,

the court may direct that the summons shall be of no effect.

• (2) For the purposes of subsection (1) it is immaterial—

• (a) whether or not Crown Court rules require the person to be served with notice of the application to issue the summons;

• (b) whether or not Crown Court rules enable the person to be present or represented at the hearing of the application.

• (3) In subsection (1)(b) “served” means—

• (a) served in accordance with Crown Court rules, in a case where such rules require the person to be served with notice of the application to issue the summons;

• (b) served in such way as appears reasonable to the Crown Court, in any other case.

• (4) The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled.

• (5) An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.

• (6) Crown Court rules may, in such cases as the rules may specify, require the service of notice of an application under this section on the person on whose application the witness summons was issued.

• (7) Crown Court rules may, in such cases as the rules may specify, require that where—

• (a) a person applying under this section can produce a particular document or thing, but

• (b) he seeks to satisfy the court that the document or thing is not likely to be material evidence,

he must arrange for the document or thing to be available at the hearing of the application.

• (8) Where a direction is made under this section that a witness summons shall be of no effect, the person on whose application the summons was issued may be ordered to pay the whole or any part of the costs of the application under this section.

• (9) Any costs payable under an order made under subsection (8) shall be taxed by the Master (Taxing Office), and payment of those costs shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case or as a sum adjudged summarily to be paid as a civil debt.

51E

For the purpose of any criminal proceedings before it, the Crown Court may of its own motion issue a summons (a witness summons) directed to a person and requiring him to—

• (a) attend before the court at the time and place stated in the summons; and

• (b) give evidence or produce any document or thing specified in the summons.

51F

• (1) If a witness summons issued under section 51E is directed to a person who—

• (a) applies to the Crown Court, and

• (b) satisfies the court that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence,

the court may direct that the summons shall be of no effect.

• (2) The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled.

• (3) An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.

• (4) Crown Court rules may, in such cases as the rules may specify, require that where—

• (a) a person applying under this section can produce a particular document or thing, but

• (b) he seeks to satisfy the court that the document or thing is not likely to be material evidence,

he must arrange for the document or thing to be available at the hearing of the application.

51G

• (1) Any person who without just excuse—

• (a) disobeys a witness summons requiring him to attend before the Crown Court; or

• (b) disobeys a requirement made by the Crown Court under section 51B,

shall be guilty of contempt of that court and may be punished summarily by that court as if his contempt were in the face of the court.

• (2) A person shall not be committed to prison by reason of any disobedience mentioned in subsection (1) for a period exceeding three months.

51H

• (1) If the Crown Court is satisfied by evidence on oath that—

• (a) a witness in respect of whom a witness summons is in force is unlikely to comply with the summons; and

• (b) the witness is likely to be able to give evidence likely to be material evidence or produce any document or thing likely to be material evidence in the proceedings,

the Crown Court may issue a warrant to arrest the witness and bring him before the court.

• (2) Where a witness who is required to attend before the Crown Court by virtue of a witness summons fails to attend in compliance with the summons, the Crown Court may—

• (a) in any case, cause to be served on him a notice requiring him to attend the court forthwith or at such time as may be specified in the notice;

• (b) if the court is satisfied that there are reasonable grounds for believing that he has failed to attend without just excuse, or if he has failed to comply with a notice under paragraph (a), issue a warrant to arrest him and bring him before the court.

• (3) A witness brought before the Crown Court in pursuance of a warrant under this section may be remanded by that court in custody or on bail (with or without sureties) until such time as the court may appoint for receiving his evidence or dealing with him under section 51G.

• (4) Where a witness attends the Crown Court in pursuance of a notice under this section, the court may direct that the notice shall have effect as if it required him to attend at any later time appointed by the court for receiving his evidence or dealing with him under section 51G.”

• (2) No subpoena ad testificandum or subpoena duces tecum shall issue after the appointed day in respect of any criminal proceedings for the purposes of which—

• (a) a witness summons may be issued under section 51A of the Judicature (Northern Ireland) Act 1978; or

• (b) a summons may be issued under Article 118 of the Magistrates’ Courts (Northern Ireland) Order 1981 (process for attendance of witnesses in magistrates’ courts).

• (3) In section 47(4) of the Judicature (Northern Ireland) Act 1978 after the words “Subject to” there shall be inserted the words “section 66(2) of the Criminal Procedure and Investigations Act 1996 (subpoenas not to issue in certain criminal cases) and to”.

• (4) This section applies in relation to any proceedings for the purposes of which no summons requiring the attendance of a witness has been issued before the appointed day.

• (5) The references in subsections (2) and (4) to the appointed day are to such day as is appointed for the purposes of this section by the Secretary of State by order.

53A

• (1) It is for the Crown Court Rules Committee to make Crown Court rules.

• (1A) For the purposes of this section, “relevant authority” means—

• (a) in relation to Crown Court rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and

• (b) otherwise, the Department of Justice;

and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.

• (2) After making Crown Court rules the Committee must submit them to the relevant authority.

• (3) The relevant authority must allow or disallow Crown Court rules submitted to it.

• (4) Crown Court rules have effect only if allowed by the relevant authority.

• (5) If the relevant authority disallows Crown Court rules, the relevant authority must give the Committee written reasons why it has disallowed them.

• (6) Subsection (7) applies if the relevant authority gives the Committee written notice that it thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice.

• (7) The Committee must make such Crown Court rules as it considers necessary to achieve the specified purpose.

• (8) Those Crown Court rules must be—

• (a) made within a reasonable period after the relevant authority gives notice under subsection (6);

• (b) made in accordance with this section.

55A

• (1) It is for the Rules Committee to make rules under section 55(1) or (2).

• (1A) For the purposes of this section, “relevant authority” means—

• (a) in relation to rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and

• (b) otherwise, the Department of Justice;

and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.

• (2) After making such rules the Rule Committee must submit them to the relevant authority.

• (3) The relevant authority must allow or disallow rules submitted to it.

• (4) Rules submitted to the relevant authority have effect only if allowed by it.

• (5) If the relevant authority disallows rules submitted to it, it must give the Committee written reasons why it has disallowed them.

• (6) Subsection (7) applies if the relevant authority gives the Rules Committee written notice that it thinks it is expedient for rules under section 55(1) or (2) to include provision that would achieve a purpose specified in the notice.

• (7) The Rules Committee must make such rules as it considers necessary to achieve the specified purpose.

• (8) Those rules must be—

• (a) made within a reasonable period after the relevant authority gives notice under subsection (6);

• (b) made in accordance with this section.

68A

• (1) The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—

• (a) the Court of Judicature,

• (b) county courts,

• (c) magistrates' courts, and

• (d) coroners' courts,

and that appropriate services are provided for those courts.

• (2) The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before the Northern Ireland Assembly a report as to the way in which he has discharged his duty under subsection (1).

• (3) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a report as it applies in relation to the laying of a statutory document under an enactment.

94A

• (1) In any proceedings to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose that person, or his or her spouse or civil partner, to proceedings for a related offence or for the recovery of a related penalty—

• (a) from answering any question put to that person in the first-mentioned proceedings; or

• (b) from complying with an order made in those proceedings.

• (2) Subsection (1) applies to the following civil proceedings in the High Court, namely—

• (a) proceedings for infringement of rights pertaining to any intellectual property or for passing off;

• (b) proceedings brought to obtain disclosure of information relating to any infringement of such rights or to any passing off; and

• (c) proceedings brought to prevent any apprehended infringement of such rights or any apprehended passing off.

• (3) Subject to subsection (4), no statement or admission made by a person—

• (a) in answering a question put to him in any proceedings to which subsection (1) applies; or

• (b) in complying with any order made in any such proceedings,

shall, in proceedings for any related offence or for the recovery of any related penalty, be admissible in evidence against that person or (unless they married or became civil partners after the making of the statement or admission) against the spouse or civil partner of that person.

• (4) Nothing in subsection (3) shall render any statement or admission made by a person as there mentioned inadmissible in evidence against that person in proceedings for perjury or contempt of court.

• (5) In this section—

• “intellectual property” means any patent, trade mark, copyright or design right, registered design, technical or commercial information or other intellectual property;

• “related offence”, in relation to any proceedings to which subsection (1) applies, means—

• (a) in the case of proceedings within subsection (2)(a) or (b)—

• (i) any offence committed by or in the course of the infringement or passing off to which those proceedings relate; or

• (ii) any offence not within sub-paragraph (i) committed in connection with that infringement or passing off, being an offence involving fraud or dishonesty;

• (b) in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings;

• “related penalty”, in relation to any proceedings to which subsection (1) applies, means—

• (a) in the case of proceedings within sub-section (2)(a) or (b), any penalty incurred in respect of anything done or omitted in connection with the infringement or passing off to which those proceedings relate;

• (b) in the case of proceedings within sub-section (2)(c) any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff relies in those proceedings.

• (6) Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description.

Magistrates’ courts

103A

• (1) Any court of record in Northern Ireland having a criminal jurisdiction has, as ancillary to that jurisdiction, the power—

• (a) to bind over to keep the peace; or

• (b) to bind over to be of good behaviour,

a person who or whose case is before the court by requiring him to enter into his own recognisances or to find sureties (or both) and committing him to prison if he does not comply.

• (2) A magistrates’ court is not to be regarded as a court of record for the purposes of subsection (1).

117A

The Department of Justice shall pay to any judge of the Court of Appeal or of the High Court, in addition to his salary, such allowances as may be determined by the Lord Chancellor with the concurrence of the Treasury.

Magistrates’ courts

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.

. . .

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

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.

. . .

For section 13 substitute—

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 section 2 for the words from “in the court of the King’s bench” to “case shall require” substitute the words “in the Crown Court”.

The Administrration of Justice Act (Northern Ireland) 1954

In section 30(1) for the words “The chief registrar of the Principal Probate Registry of the High Court” substitute the words “The Master (Probate amd Matrimonial)” and for the words from “that Registry” to the end substitute the words “the Probate and Matrimonial Office, or of which a copy has been forwarded to him from a branch office of that Office.”.

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

In section 10(2) after paragraph (e) insert—

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

In section 4 for the words “Court of Criminal Appeal” wherever they occur substitute the words “Court of Appeal”.

For section 7 substitute—

The Northern Ireland (Crown Proceedings) Order 1949

The Prosecution of Offences (Northern Ireland) Order 1972

The Health and Personal Social Services (Northern Ireland) Order 1972

The Treatment of Offenders (Northern Ireland) Order 1976

The Solicitors (Northern Ireland) Order 1976

The Sexual Offences (Northern Ireland) Order 1978

9A

The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 9—

• (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).

Editorial notes