Judicature (Northern Ireland) Act 1978

Section 122(1).

F1SCHEDULE 5U.K. Minor and Consequential Amendments

Part IU.K. 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 [F2Court 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 [F2Court 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.U.K.

(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 [F2Court 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.U.K.

(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.

3U.K.References in any statutory provision to rules made under section 7 of the M1Northern 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.

4U.K.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 IIU.K. Specific Amendments

(1) Acts of the Parliament of the United KingdomU.K.

. . . F3

The M2Writ of Subpoena Act 1805U.K.

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 M3U.K.

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 1836U.K.

F4. . .

The Parliamentary Documents Deposit Act 1837 M4U.K.

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.

U.K.

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Lands Clauses Consolidation Act 1845 M5U.K.

At the end of section 3 add the following definition— “ “Supreme Court” shall mean the Supreme Court of Judicature of Northern Ireland where the same shall relate to monies to be paid or deposited in respect of lands situate in Northern Ireland. ”.

Section 9 shall, in the case of purchase money 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 [F6Court of Judicature]”.

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 [F6Court of Judicature]”.

Section 70 shall, in the case of money paid into the [F6Court of Judicature], 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 [F6Court of Judicature]”.

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 [F6Court of Judicature]”.

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 [F6Court of Judicature] 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 [F6Court of Judicature]”.

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 [F6Court of Judicature]”, the words “so to be paid”, the words “for payment into the [F6Court of Judicature]”, the words “paid into the [F6Court of Judicature]” 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:—

“86 Application of Funds in Court.

Money paid under section 85 of this Act into the [F6Court of Judicature] shall remain there by way of security to the parties whose lands shall so have been entered upon for the performance of the condition of the bond to be given by the promoters of the undertaking, as hereinbefore mentioned, and, if dealt with under section 81 or 82 of the Judicature (Northern Ireland) Act 1978 shall be accumulated; and upon the condition of such bond being fully performed the High Court may, on the application of the promoters, order it, or the proceeds of the securities in which it has been invested, together with the accumulation thereof, to be paid to the promoters of the undertaking, or if such condition shall not be fully performed it shall be lawful for the said Court to order the same to be applied, in such manner as it shall think fit, for the benefit of the parties for whose security the same shall have been paid.”.

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 [F6Court of Judicature]”.

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 deterinined” of the words “and upon payment of the compensation so determined either to the persons entitled thereto or into the [F6Court of Judicature]”.

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 [F6Court of Judicature]”, with the substitution for the words “deposited as aforesaid” of the words “paid into the [F6Court of Judicature] 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 [F6Court of Judicature]”.

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 [F6Court of Judicature]” with the omission of the words “or deposited” and with the substitution for the words “so deposited” of the words “so paid into the [F6Court of Judicature]”.

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 [F6Court of Judicature]”.

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 [F6Court of Judicature] the amount of such value or compensation; and the making of payment to the mortgagee or into the [F6Court of Judicature]” and for the words “by such payment or deposit” of the words “by payment to the mortgagee or into the [F6Court of Judicature]”.

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 [F6Court of Judicature] the amount of such value or compensation; and the making of payment to the mortgagee or into the [F6Court of Judicature]”.

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 [F6Court of Judicature] 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 [F6Court of Judicature]”.

The Indictable Offences Act 1848 M6U.K.

ln 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.

F7. . .

The Railways Act (Ireland) 1851 M7U.K.

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 M8U.K.

In section 1 for the words from “the several officers” to “the proceedings” substitute the words “as follows:—

(a)for a magistrates’ court, the clerk of petty sessions ; and

(b)for any other court, such person as may be prescribed by the rules regulating the procedure of that court, or if no person is so prescribed, the person charged with the duty of recording the proceedings of the court.”.

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 M9U.K.

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.

. . . F9

The Irish Bankrupt and Insolvent Act 1857 M10U.K.

. . . F10

In section 4 for the definition of “the Court” substitute— “ “the Court” shall mean the High Court of Justice in Northern Ireland; ”.

. . . F10

. . . F11

The Landed Estates Court (Ireland) Act 1858 M11U.K.

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 M12U.K.

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 M13U.K.

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 M14U.K.

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

“1Within fourteen days after the making of the Order they shall either pay into the Supreme Court a sum equal to five per centum of the estimated cost of the undertaking, or deposit in the Court, or transfer into the name of the Accountant General, Exchequer bills or other Government securities equal to that sum at the price at which such bills or securities were originally purchased by the promoters, which price shall be proved by the broker’s certificate of such purchase:”.

The Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 M15U.K.

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”.

. . . F12

U.K.

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Bankruptcy (Ireland) Amendment Act 1872 M16U.K.

In section 4 for the definition of “the Court” substitute—

“ “The Court” shall mean the High Court of Justice in Northern Ireland; ”.

F14 . . .

F14 . . .

U.K.

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Fines Act (Ireland) 1851, Amendment Act 1874 M17U.K.

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

U.K.

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Appellate Jurisdiction Act 1876 M18U.K.

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 M19U.K.

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 M20U.K.

In section 4 for the definition of “preseribed” substitute—

“ “prescribed” means prescribed by rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978; ”

For section 13 substitute—

“13 As to registrar.

The Master (Queen’s Bench and Appeals) or such other officer serving in the Supreme Court as the Lord Chief Justice may designate shall be the registrar for the purposes of this Act.”.

For section 19 substitute—

“19 Fees.

Section 116 of the Judicature (Northern Ireland) Act 1978 shall apply to fees under this Act and such fees may be fixed in the manner authorised by that section.”

The Settled Land Act 1882 M21U.K.

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

“(11)Any reference in the Settled Land Acts 1882 to 1890 to money, securities or proceeds of sale being paid or transferred into court shall be construed as referring to the money, securities or proceeds being paid or transferred into the Supreme Court or any other court that has jurisdiction, and any reference in those Acts to the court in a context referring to the investment or application of money, securities or proceeds of sale paid or transferred into court, shall be construed, in the case of money, securities or proceeds paid or transferred into the Supreme Court, as referring to the High Court, and, in the case of money, securities or proceeds paid into another court, as referring to that other court.”.

The Land Law (Ireland) Act 1887 M22U.K.

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 M23U.K.

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 M24U.K.

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 M25U.K.

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 M26U.K.

In section 3, as it applies to Northern Ireland, for the words from “High Court” to “into the High Court” substitute the words “[F17Court of Judicature]”.

U.K.

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Northern Ireland (Miscellaneous Provisions) Act 1932 M27U.K.

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 M28U.K.

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”.

F19. . .U.K.

The Pensions Appeal Tribunals Act 1943 M29U.K.

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”.

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . F21

. . . F22

. . . F23

F24. . .U.K.

The Maintenance Orders Act 1950 M30U.K.

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 Cheif 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 M31U.K.

In Part I of Schedule 1 after paragraph 4 insert—

“ Bail in Admiralty mattersU.K.

4AIn any proceedings in the High Court under this Part of this Schedule, bail may be taken to answer the judgement of the High Court (or of the Court of Appeal or House of Lords on an appeal from that judgement) and the High Court may withhold the release of any property under its arrest until such bail has been given.”.

The Geneva Conventions Act 1957 M32U.K.

In section 4(1) as substituted by section 52 of, and Schedule 5 to, the M33Criminal 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 M34U.K.

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 M35U.K.

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 M36U.K.

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 M37U.K.

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”.

. . . F26

The Family Law Reform Act 1969 M38U.K.

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 M39U.K.

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 M40U.K.

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”.

. . . F27

The Administration of Justice Act 1970 M41U.K.

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 M42U.K.

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”.

F28The Tribunals and Inquiries Act 1971 M43U.K.

F28. . .

F29The Administration of Justice Act 1973U.K.

F29. . .

F30The Social Security (Northern Ireland) Act 1975 M44U.K.

F30. . .

The House of Commons Disqualification Act 1975 M45U.K.

F31...

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—

“ Statutory officer appointed under section 70 of the Judicature (Northern Ireland) Act 1978. ”.

The Northern Ireland Assembly Disqualification Act 1975 M46U.K.

F31...

In Part I of Schedule 1 for the words from “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 Northen Ireland shall cease to have effect and at the appropriate place in alphabetical order insert— “ Statutory officer appointed under section 70 of the Judicature (Northern Ireland) Act 1978. ”.

The Northern Ireland (Emergency Provisions) Act 1978U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

(2) Acts of the Irish Parliament and Parliament of Northern IrelandU.K.

The Habeas Corpus Act (Ireland) 1781 M47U.K.

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”.

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

The Bankruptcy Amendment Act (Northern Ireland) 1929 M48U.K.

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)—

(a) in the definition of “The court” for the words from “a judge” to the end substitute the words “the High Court” ;

(b) in the definition of “Prescribed” for the words from “section sixty-one” to the end substitute the words “section 55 of the Judicature (Northern Ireland) Act 1978”.

The Motor Vehicles and Road Traffic Act (Northern Ireland) 1929 M49U.K.

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 M50U.K.

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 M51U.K.

In section 5(1) after the words “rules of court” insert the words “and county court rules”.

The Matrimonial Causes Act (Northern Ireland) 1939 M52U.K.

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—

“(i)an order of the High Court; or”.

For section 27(2) substitute—

“(2)Rules of court may be made under section 55 of the Judicature (Northern Ireland) Act 1978 for prescribing anything which by this Act is to be prescribed”.

In section 30(1) for the definition of “High Court” substitute— “ “High Court” includes the Master (Probate and Matrimonial) exercising such jurisdiction of the court as may be prescribed in that behlaf by rules made under section 55 of the Judicature (Northern Ireland) Act 1978 ”.

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 M53U.K.

For section 33(7) substitute—

“(7)If any party to any proceedings in the county court under this Act is dissatisfied with the order, determination, direction or decision of the court he may appeal therefrom to the High Court”

In section 38(1) in the definition of “rules of court” for the words from “requre” 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 M54U.K.

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 “the rules under this Act” substitute the words “Crown Court rules”.

U.K.

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Prison Act (Northern Ireland) 1953 M55U.K.

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

U.K.

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

The Administrration of Justice Act (Northern Ireland) 1954 M56U.K.

For section 11 substitute—

“11 Local custody and control of courthouse accommodation.

The Lord Chancellor may give directions as the local custody and control of any courthouse accommodation provided or maintained under this Act.”.

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 M57U.K.

In section 21—

(a) in subsection (2) for the words “Ministry of Finance” substitute the word “Treasury”;

(b) for subsection (4) substitute—

“(4)In any enactment—

• “rules of court” shall mean rules of court made, or having effect as if made, under section 55 of the Judicature (Northern Ireland) Act 1978;

• “Crown Court rules” shall mean rules made under section 52 of the Judicature (Northern Ireland) Act 1978.”;

(c) in subsection (6) after paragraph (a) insert—

“(aa)in relation to the Crown Court, references to the Crown Court rules;”.

In section 42—

(a) in subsection (1) for the definition of “county court” substitute—

““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 Act (Northern Ireland) 1959;”;

(b) in subsection (3) for the definition of “Probate Judge” substitute—

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

The Trustee Act (Northern Ireland) 1958 M58U.K.

In sections 35(9) and 57(4) for the words “Lord Cheif 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—

“(3)Any reference in this Act to paying money or securities into court shall be construed as referring to paying the money or transferring or depositing the securities into or in the Supreme Court or into or in the county court that has jurisdiction, and any reference in this Act to payment of money or securities into court shall be construed—

(a)with reference to an order of the High Court, as referring to payment of the money or transfer or deposit of the securities into or in the Supreme Court; and

(b)with reference to an order of a county court, as referring to payment of money or transfer or deposit of the securities into or in the court.”.

The Coroners Act (Northern Ireland) 1959 M59U.K.

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

[F34In 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 coroners”.]

[F34In sections 2(2) and 3 for the word “Minister” substitute the words “Lord Chancellor”.]

. . ..

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—

“(1)The Lord Chancellor may by rules—

(a)made after consultation with the Treasury, make provision with respect to the records, accounts and returns which the Lord Chancellor may require coroners to keep and submit to him and with respect to information to be supplied by coroners;”.

For section 36(2) substitute—

“(2)The Lord Chancellor may with the consent of the Minister of the Civil Service determine—

(a)the salaries or fees and superannuation to be paid to coroners and to registered medical practitioners employed under section 27(2);

(b)the fees and allowances payable to person assisting at the post-mortem examinations;

(c)the allowances payable to witnesses under this Act.”.

The County Courts Act (Northern Ireland) 1959 M60U.K.

. . . F35

F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For section 106 substitute—

“106 Salaries and allowances of judges.

(1)There shall be paid to each judge such salary as may be determined by the Lord Chancellor with the consent of the Minister for the Civil Service.

(2)The salary payable to any judge shall begin from the date on which the judge takes the oaths required by section 105(3).

(3)The Lord Chancellor with the approval of the Minister for the Civil Service may allow to any judge, for the purposes of defraying his travelling and subsistence expenses, such sum as appears reasonable.”.

. . . F37

In section 116—

(a) for the words “Ministry of Finance” wherever they occur substitute the words “Minister for the Civil Service”;

(b) for the word “Minister” wherver it occurs substitute the words “Lord Chancellor”;

(c) for the word “Governor” in subsection (4) substitute the words “Lord Chancellor”.

In sections 123(2), 125(3) and 126, for the words “Ministry of Finance” wherver 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—

“134 Evidence of health.

Before recommending any person to Her Majesty for appointment as a county court judge, the Lord Chancellor shall take steps to satisfy himself that that person’s health is satisfactory.”.

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 “Minstry 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”.

. . . F38

The Resident Magistrates’ Pensions Act (Northern Ireland) 1960 M61U.K.

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”.

. . . F39

. . . F40

The Electoral Law Act (Northern Ireland) 1962 M62U.K.

For section 72(2) substitute—

“(2)An election court for the trial of petitions relating to parliamentary elections (in this Act referred to as a “parliamentary election court”) shall consist of 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 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”.

. . . F41

The Magistrates’ Courts Act (Northern Ireland) 1964 M63U.K.

For section 3 substitute—

“3 Justices of the peace.

Justices of the peace shall be appointed in accordance with section 103 of the Judicature (Northern Ireland) Act 1978.”.

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”.

F42. . ..

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

F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In section 12(1) for the words from the beginning to “the salaries” substitute the words “make an application for the judicial review to the Minister for the Civil Service, determine the salaries”.

. . . F44

For section 168, substitute—

“168 Expenses.

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

(2)There shall be charged on and paid out of the Consolidated Fund of the United Kingdom the salaries payable to resident magistrates under this Act or the Resident Magistrates (Belfast) Act 1911.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”

The Lands Tribunal and Compensation Act (Northern Ireland) 1964 M64U.K.

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Charities Act (Northern Ireland) 1964 M65U.K.

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.”.

F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 M66U.K.

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

“(f)section 27 of the Judicature (Northern Ireland) Act 1978”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

The Costs in Criminal Cases Act (Northern Ireland) 1968 M67U.K.

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

For section 7 substitute—

“7 Rules relating to costs.

Rules of court, Crown Court rules, county court rules and magistrates’ court rules may provide for the rates or scales of payment of costs under section 2 to 5 in so far as those sections relate to costs in the Court of Appeal, the Crown Court, county courts and magistrates’ courts respectively.”.

The Treatment of Offenders Act (Northern Ireland) 1968 M68U.K.

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”.

. . . F48

The Children and Young Persons Act (Northern Ireland) 1968 M69U.K.

F49. . .

F49. . .

F49. . .

F49. . .

F50. . .

F51. . .

F50. . .

In Schedule 2—

F50. . .

(b) F52...

F50. . .

F53. . .

F50. . .

(f) at the end of paragraph 8 add—

“(d)be subject to annulment in pursuance of resolution if either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instrument Act 1946 shall apply accordingly.”

The Grand Jury (Abolition) Act (Northern Ireland) 1969 M70U.K.

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 “Courtof 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 M71U.K.

F54 . . . F55

. . . F54

. . .

In Part II of Schedule 4 in the amendment to the M72Irish Bankrupt and Insolvent Act 1857 for the word “regulations” substitute the word “rules”.

The Nurses and Midwives Act (Northern Ireland) 1970 M73U.K.

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 M74U.K.

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 M75U.K.

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 “Lord Chief Justice” wherever occurring substitute the words “the High Court”. F56

. . .

The Payments for Debt (Emergency Provisions) Act (Northern Ireland) 1971 M76U.K.

In section 3 for the words “rules made under section 13” substitute the words “Judgement 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)—

(a)in the definition of “appropriate authority” for the words “Minister of Home Affairs” substitute the words “Lord Chancellor”;

(b)in the definition of “Master” for the words “for the enforcement of judgements” substitute the words “(Enforcement of Judgements)” and for the words “designated officer” substitute the words “Judicial Officer (Enforcement of Judgements)”.

(3)Orders in Council

The Northern Ireland (Crown Proceedings) Order 1949 M77U.K.

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 M78U.K.

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”.

F57[ The Health and Personal Social Services (Northern Ireland) Order 1972 M79U.K.

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

U.K.

• “division” means a county court division within the meaning of the County Courts Act (Northern Ireland) 1959;

• “the Juries Officer” in relation to a division means such officer of the Northern Ireland Court Service as the Lord Chancellor may designate to be the Juries Officer for that division.

  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 Treatment of Offenders (Northern Ireland) Order 1976 M80U.K.

In Articles F59. . ., 5(3)(a), F59. . . F59. . . F59. . . F59. . .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 county court” substitute the words “the Crown Court”.

In Article 3(5) for the words “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”. F60 . . .

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 M81U.K.

F61 . . .

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 M82U.K.

In Articles 6(2) and 8(3) for the words “county court or 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”.