Meaning of particular words and phrases

42Definitions for judicial purposes.

1

In an enactment the expression—

  • F11“Supreme Court” shall mean theF11 Supreme Court of Judicature of Northern Ireland;

  • “Court of Appeal” or “High Court of Appeal” shall mean Her Majesty's Court of Appeal in Northern Ireland;

  • “High Court” shall mean Her Majesty's High Court of Justice in Northern Ireland;

  • “Court of Criminal Appeal” shall mean the Court of Criminal Appeal in Northern Ireland …F1;

  • “court of assize” shall mean a court of assize, a court of oyer and terminer and a court of gaol delivery or any of them and shall include a court held in and for the county of the City of Belfast by virtue of a commission of oyer and terminer or general gaol delivery;

  • [F2 “Lands Tribunal” shall mean the Lands Tribunal for Northern Ireland;]

  • [F3 “Crown Court” shall mean Her Majesty's Crown Court in Northern Ireland;

  • “county court” shall mean a county court held for a division under the County Courts [F4 (Northern Ireland) Order 1980 [1980 NI 3] ];]

  • F5

  • F6“court of summary jurisdiction” or “magistrates' court” shall have the meaning assigned to it by Article 2(2) of the Magistrates' Courts (Northern Ireland) Order 1981.

2

Where an enactment provides that any appeal, application, proceeding or other matter arising thereunder may be heard or determined by a county court, …F5F6 or a magistrates' court, without specifying any particular county court …F5F6 or magistrates' court, the matter may be heard and determined by such county court, …F5F6 or magistrates' court (as the case may be) as may be prescribed, in the case of a county court …F5 by county court rules, or in the case ofF6 a magistrates' court, by magistrates' courts rules or, if no such court is so prescribed, by the county court, …F5F6 or magistrates' court (as the case may be) having jurisdiction over the whole or any part of the division or district or place in which the matter arises or, if the matter relates to any premises, in which those premises are situated.

3

In an enactment the expression—

  • “Lord Chief Justice” shall mean the Lord Chief Justice of Northern Ireland;

  • “Chancery Judge” shall mean the Judge of the High Court to whom the business and matters arising in the chancery jurisdiction of that court are for the time being assigned;

  • “county court judge” shall include …F5 a recorder …F5; and

  • [F3 “Probate Judge” shall mean the Judge of the High Court to whom probate business and matters are for the time being assigned.]

4

In an enactment the expression—

  • “appeal summarily” shall mean appeal, in accordanceF6 with magistrates' courts rules, to a court of summary jurisdiction;

  • Definition rep. by 1975 NI 7; 1978 c. 23

  • “committed for trial” shall mean committed by a court, judge, resident magistrate, …F7F8. . . or other authority having power to commit a person in custody with a view to his trial, and shall include committed on bail upon a recognizance to appear and stand trial before a judge and jury;

  • F9“standard scale” means the standard scale provided by Article 5 of the Fines and Penalties (Northern Ireland) Order 1984;

  • “statutory maximum” means the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984.

  • “Summary Jurisdiction Acts” shall mean the statutory provisions for the time being in force in Northern Ireland in relation to summary jurisdiction;

  • “summary conviction” shall mean conviction subject to and in accordance with the Summary Jurisdiction Acts.

F105

In an enactment the expression “industrial tribunal” means a tribunal established under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996.