SCHEDULES

Section 41.

SCHEDULE 1U.K. Appeals to House of Lords in Certain Criminal Matters

1(1)Subject to sub-paragraph (2) an application to the court below for leave to appeal shall be made within the period of fourteen days beginning with the date of the decision of that court; and an application to the House of Lords for such leave shall be made within the period of fourteen days beginning with the date on which the application is refused by the court below.

(2)Except in a case involving sentence of death, the House of Lords or the court below may, upon application made at any time by the defendant, extend the time within which an application may be made by him to that House or that court under sub-paragraph (1).

2Any application for leave to appeal in a case involving sentence of death, and any appeal for which leave is granted on such an application, shall be heard and determined with as much expedition as practicable.

3(1)Without prejudice to any other power to grant bail, a person appealing or applying for leave to appeal from the Court of Appeal or the High Court under section 41 may be admitted to bail by the court below pending the appeal; and in relation to any recognizances to be entered into under [F1Article 148 of the Magistrates’ Courts (Northern Ireland) Order 1981] or under [F2Article 63 of the County Courts (Northern Ireland) Order 1980] any reference in [F2that section or that Article] to the judgment of the Court of Appeal shall be construed as including a reference to the judgment of the House of Lords or, if the case is remitted by that House to the Court of Appeal, to the judgment of that court on the case as so remitted.

(2)Where application is made to the High Court or the Court of Appeal for leave to appeal, that court may give such directions as it thinks fit for discharging or enlarging any recognizances entered into by the applicant or any surety, under any statutory provision or otherwise, with reference to the proceedings of that court.

4(1)Where the defendant in any proceedings from which an appeal lies under section 41 would, but for the decision of the court below, be liable to be detained, and immediately after that decision the prosecutor is granted, or gives notice that he intends to apply for, leave to appeal, the court may make an order providing for the detention of the defendant or directing that he shall not be released except on bail, which may be granted by the court as under paragraph 3 so long as any appeal under section 41 is pending.

(2)An order under sub-paragraph (1) shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would have been liable to be detained but for the decision of the court below.

(3)Any order made under sub-paragraph (1) for the detention of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an order or direction under the Mental Health [F3(Northern Ireland) Order 1986 (other than under Article 42, 43 or 45)], shall be an order authorising his continued detention in pursuance of the order or direction under the [F3said Order], and the provisions of the [F3said Order] with respect to persons so liable (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.

[F4(3A)Where an order is made under sub-paragraph (1) in the case of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an interim hospital order under Article 45 of the Mental Health (Northern Ireland) Order 1986, the order may, if the court thinks fit, be one authorising his continued detention in hospital and in that event—

(a)sub-paragraph (2) shall not apply to the order;

(b)Part III of that Order shall apply as if he had been ordered under this paragraph to be detained in custody so long as any appeal under section 41 is pending and were detained in pursuance of a transfer direction together with a restriction direction; and

(c)if the defendant is detained by virtue of this sub-paragraph and the appeal by the prosecutor succeeds, paragraph (2) of the said Article 45 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.]

(4)Where the court below has power to make an order under sub-paragraph (1) and either no such order is made or the defendant is released or discharged by virtue of sub-paragraph (2) [F3(3) or (3A)] before the appeal is disposed of, the defendant shall not be liable to be again detained as the result of the decision of the House of Lords on the appeal.

5(1)Where a person subject to a sentence is admitted to bail pending an appeal under section 41, the time during which he is at large after being so admitted shall be disregarded in computing the term of his sentence.

(2)Subject to sub-paragraph (1), any sentence passed on an appeal under section 41 in substitution for another sentence shall, unless the House of Lords or the court below otherwise directs, begin to run from the time when that other sentence would have begun to run.

6(1)Rules of court may be made—

(a)for determining the cases in which the powers of the Court of Appeal under section 41 and this Schedule may be exercised by a judge thereof;

(b)for prescribing the persons before whom and the manner in which a recognizance shall be entered into, or other security given, where bail is granted to a person under paragraph 3 or 4 pending an appeal under section 41 from a decision of the High Court or Court of Appeal, and the manner in which any such recognizance or security may be enforced;

(c)for authorising the recommittal of any person to whom bail is granted.

(2)A defendant who is detained pending an appeal under section 41 shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto except where an order of the House of Lords or rules of court authorise him to be present or where that House or the court below, as the case may be, gives him leave to be present.

Section 68.

SCHEDULE 2U.K. Departments of the Supreme Court

Section 70

SCHEDULE 3U.K. STATUTORY OFFICES

Section 72(2).

SCHEDULE 4U.K. Superannuation of Statutory Officers

1U.K.In its application to a statutory officer in respect of his service as such the principal civil service pension scheme shall be modified as set out in paragraphs 2 and 3.

2U.K.For the purpose of calculating reckonable service (but not qualifying service) any period of service after the commencement of section 70 shall be deemed to be increased by one third; but an officer shall not be deemed by virtue of this paragraph to have more than 40 years’ reckonable service.

3U.K.Notwithstanding paragraph 2, any lump sum payable in addition to pension under the scheme in respect of a period of actual service not exceeding 12 years shall be calculated in accordance with the following Table, with proportionate adjustment for any fraction of a year’s service:—

4U.K.Expressions used in this Schedule and in the principal civil service pension scheme have the same meaning in this Schedule as in that scheme.

Section 122(1).

SCHEDULE 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 Supreme Court 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 Supreme Court exclusive of the Crown Court, the High Court or the Court of Appeal as constituted under this Act and to the divisions, judges, offices or officers of those courts by which or by whom any jurisdiction or business to which the reference relates is for the time being to be exercised or transacted, whether by virtue of this Act or of any other statutory provision.

(2)The reference in sub-paragraph (1) to business to be transacted includes a reference to any matter requiring the concurrence, approval, advice or consent of a judge or of more than one judge of the Supreme Court, 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 Kingdom U.K.

. . . F11

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 1836 M4U.K.

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

The Parliamentary Documents Deposit Act 1837 M5U.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.

The Slave Trade Act 1843 M6U.K.

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

The Lands Clauses Consolidation Act 1845 M7U.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 Supreme Court”.

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

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

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

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

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

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

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

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

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

“86 Application of Funds in Court.

Money paid under section 85 of this Act into the Supreme Court 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 Supreme Court”.

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

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

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

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

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

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

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

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

The Indictable Offences Act 1848 M8U.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.

F12. . .

The Railways Act (Ireland) 1851 M9U.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 M10U.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.”.

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

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

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

The Petty Sessions (Ireland) Act 1851 M11U.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.

. . . F13

The Irish Bankrupt and Insolvent Act 1857 M12U.K.

. . . F14

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

. . . F14

. . . F15

The Landed Estates Court (Ireland) Act 1858 M13U.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 M14U.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 M15U.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 M16U.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 M17U.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”.

. . . F16

The Juries Act (Ireland) 1871 M18U.K.

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

ln section 41 for the words “in any court of assize or nisi prius” substitute the words “in the High Court or the Crown Court”.

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

The Bankruptcy (Ireland) Amendment Act 1872 M19U.K.

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

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

F17 . . .

F17 . . .

The Consolidated Fund (Permanent Charges Redemption) Act 1873 M20U.K.

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

The Fines Act (Ireland) 1851, Amendment Act 1874 M21U.K.

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

The Explosives Act 1875 M22U.K.

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

The Appellate Jurisdiction Act 1876 M23U.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 M24U.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 M25U.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 M26U.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 M27U.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 M28U.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 M29U.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 M30U.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 M31U.K.

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

The Town Tenants (Ireland) Act 1906 M32U.K.

For section 11 substitute—

“11 Appeals.

Any person aggrieved by any determination of the county court under this Act may appeal to the High Court as though the determination were a decree made in exercise of the jurisdiction conferred by Part III of the County Courts Act (Northern Ireland) 1959, and the appeal were brought under the County Court Appeals Act (Northern Ireland) 1964.”.

The Northern Ireland (Miscellaneous Provisions) Act 1932 M33U.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 M34U.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”.

The Trade Marks Act 1938 M35U.K.

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

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

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

. . . F18

The Pensions Appeal Tribunals Act 1943 M36U.K.

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

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

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

. . . F19

. . . F20

. . . F21

The Arbitration Act 1950 M37U.K.

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

“(3)Subject to the provisions of this section, rules of court may be made under section 55 of the Judicature (Northern Ireland) Act 1978 with respect to the evidence which must be furnished by a party seeking to enforce an award under this Part of this Act.”.

The Maintenance Orders Act 1950 M38U.K.

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

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

In section 28(1) in the definition of “prescribed” for the words “by the Lord 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 M39U.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 M40U.K.

In section 4(1) as substituted by section 52 of, and Schedule 5 to, the M41Criminal 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 M42U.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 M43U.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 M44U.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 M45U.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”.

. . . F22

The Family Law Reform Act 1969 M46U.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 M47U.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 M48U.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”.

. . . F23

The Administration of Justice Act 1970 M49U.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 M50U.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”.

The Tribunals and Inquiries Act 1971 M51U.K.

In section 13(7)(a), (b) and (c), for the words “section 7 of the Northern Ireland Act 1962” substitute the words “section 55 of the Judicature (Northern Ireland) Act 1978” and in section 13(7)(a) for the words “section 24 of the Supreme Court of Judicature Act (Ireland) 1877” substitute the words “section 33 of the Judicature (Northern Ireland) Act 1978”.

F24The Administration of Justice Act 1973U.K.

F24. . .

The Social Security (Northern Ireland) Act 1975 M52U.K.

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

The House of Commons Disqualification Act 1975 M53U.K.

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

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

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

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

The Northern Ireland Assembly Disqualification Act 1975 M54U.K.

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

In Part I of Schedule 1 for the words from “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 1978 M55U.K.

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

. . . F25

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

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

. . . F25

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

The Habeas Corpus Act (Ireland) 1781 M56U.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 M57U.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 M58U.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 M59U.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 M60U.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 M61U.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 M62U.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 M63U.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”.

The Probation Act (Northern Ireland) 1950 M64U.K.

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), 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 that” substitute the words “the Crown Court, a judge of that”.

For section 6(2)(b) substitute—

“(b)if the order was made by a county court judge on an appeal made to him under section 140, 141 or 142 of the Magistrates’ Courts Act (Northern Ireland) 1964, a county court judge acting for the division of the county court in which the order was made or a committing justice ;”.

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 M65U.K.

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 M66U.K.

For section 1 and 2 substitute—

“1 Payments to be made in respect of jury service.

(1)Subject to the following provisions of this section, a person who serves as a juror shall be entitled, in respect of his attendance at court for the purpose of performing jury service, to receive payments, at rates determined by the Lord Chancellor with the consent of the Minister for the Civil Service and subject to any prescribed conditions, by way of allowance—

(a)for travelling and subsistence; and

(b)for financial loss, where in consequence of his attendance for that purpose he has incurred any expenditure (otherwise than on travelling and subsistence) to which he would not otherwise be subject or he has suffered any loss of earnings, or of benefit under the enactments relating to national insurance and social security, which he would otherwise have made or received.

(2)Subsection (1) shall apply to service on a coroner’s jury.

(3)The determination of the amounts payable to persons under subsection (1) and the manner of making those payments shall be in accordance with arrangements made by the Lord Chancellor and all such payments shall be made out of manoeys provided by the Parliament of the United Kingdom.

(4)In subsection (1) “prescribed” means prescribed by regulations made by the Lord Chancellor with the consent of the Minister for the Civil Service ; and for the purposes of this subsection a person who, in obedience to a summons to serve on a jury, attends for service as a juror shall be deemed to serve as a juror notwithstanding that he is not subsequently sworn in.

(5)No person shall be entitled under any Act other than this Act or under any rule of law, custom or agreement to payment for his service as juror.”.

The Administrration of Justice Act (Northern Ireland) 1954 M67U.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 M68U.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 M69U.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 M70U.K.

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 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—

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 M71U.K.

. . . F26

In section 105—

(a) For subsection (1) substitute—

“(1)Subject to subsection (1A), the Loed Chancellor may, if he thinks fit, remove a judge from office on the ground of incapacity or misbehaviour.

(1A)Subsection (1) shall not apply to a judge holding office immediately before 1st January 1974 but—

(a)subject to paragraph (b), every such judge shall hold office during good behaviour subject to a power of removal by Her Majesty on an address presented to Her Majesty by both Houses of Parliament of the United Kingdom;

(b)where the Lord Chancellor is satisfied that by reason of infirmity of mind or body any such judge is incapable of discharging the duties of his office, and that the incapacity is likely to be permanent, he may, upon hearing any representations made by or on behalf of the judge, remove him from office.”;

(b) in subsection (4) for the words “and (2)” substitute the words “and (1A)”.

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.”.

. . . F27

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”.

. . . F28

The Resident Magistrates’ Pensions Act (Northern Ireland) 1960 M72U.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”.

. . . F29

. . . F30

The Electoral Law Act (Northern Ireland) 1962 M73U.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”.

. . . F31

The Magistrates’ Courts Act (Northern Ireland) 1964 M74U.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”.

In section 7 for the words from the beginning to “shall” substitute the words “A person appointed as a justice of the peace shall, 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 persons who are eligible for appointment as, or have previously been, resident magistrates”.

For section 11 substitute—

“11 Removal of resident magistrates from office.

(1)Subject to subsection (2) and to section 1 of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960, every resident magistrate shall hold his office during good behaviour, but may be removed from his office by the Lord Chancellor on the ground of incapacity or misbehaviour.

(2)Subsection (1) shall not apply to a resident magistrate holding office immediately before 1st January 1974 but, subject to section 1 of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960, every such resident magistrate shall hold office during good behaviour subject to a power of removal by Her Majesty on an address presented to Her Majesty by both Houses of Parliament of the United Kingdom.”.

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”.

. . . F32

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 M75U.K.

In section 2—

(a) in subsection (1) for the words “subsection (4)” substitute the words “subsections (4) and (4A)” and;

(b) after subsection (4) insert—

“(4A)Without prejudice to subsection (4), a member of the Lands Tribunal holding office immediately before 1st January 1974 may be removed from office by Her Majesty upon an address presented to Her Majesty by both Houses of the Parliament of the United Kingdom.”

The Charities Act (Northern Ireland) 1964 M76U.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.”.

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

The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 M77U.K.

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

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

The Costs in Criminal Cases Act (Northern Ireland) 1968 M78U.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 M79U.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”.

. . . F35

The Children and Young Persons Act (Northern Ireland) 1968 M80U.K.

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, of 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 “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—

(a) in paragraph 1(2) for the word “Governor” substitute the words “Lord Chancellor”;

(b) in paragraphs 1(3) and 8 for the word “Ministry” wherever it occurs substitute the words “Lord Chancellor”;

(c) at the end of paragraph 1(4) add the words “by regulations made under paragraph 8”;

(d) in paragraph 2(2) for the words from “who” to the end substitute the words “who has taken the said oaths after a previous appointment as a member of any such panel or who has taken the said oaths as required by section 7 of the Magistrates’ Courts Act (Northern Ireland) 1964”;

(e) in paragraph 6 for the words “The Ministry may pay” substitute the words “The Lord Chancellor may, out of money provided by the Parliament of the United Kingdom, pay” and for the words from “Ministry may determine” to the end substitute the words “Lord Chancellor may, with the approval of the Minister for the Civil Service determine”;

(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 M81U.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 M82U.K.

F36 . . . F37

. . . F36

. . .

In Part II of Schedule 4 in the amendment to the M83Irish Bankrupt and Insolvent Act 1857 for the word “regulations” substitute the word “rules”.

The Nurses and Midwives Act (Northern Ireland) 1970 M84U.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 M85U.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 M86U.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”. F38

. . .

The Payments for Debt (Emergency Provisions) Act (Northern Ireland) 1971 M87U.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 M88U.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 M89U.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”.

The Health and Personal Social Services (Northern Ireland) Order 1972 M90U.K.

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 M91U.K.

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

• “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 M92U.K.

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 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”. F40 . . .

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 M93U.K.

F41 . . .

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 M94U.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”.

Section 122(1).

SCHEDULE 6U.K. Transitional Provisions

Part IU.K. 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.

2U.K.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.

3U.K.Every rule of court made or deemed to have been made under section 7 of the M95Northern 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.

4U.K.General orders made by the Lord Chief Justice under section 118 of the M96Lunacy 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.

5U.K.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.

6Until the coming into force of section 69(1)—

(a)the Lord Chancellor, with the concurrence of the Minister for the Civil Service as to numbers and terms and conditions of service, may, subject to section 70, appoint such officers and other staff for the Supreme Court, county courts, magistrates’ courts, the Enforcement of Judgments Office and coroners’ courts as appear to him to be necessary and such officers and staff shall discharge their functions in accordance with directions given by the Lord Chancellor;

(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.

7U.K.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.

8U.K.Until the issue of commissions of the peace by virtue of section 103 any person authorised to act as a justice of the peace in any county or county borough which includes the whole or any part of a county court division shall be deemed to be a justice of the peace duly appointed to a commission issued for that division under that section.

9Until 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; and

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

10U.K.This Part and Parts II and III of this Schedule apply subject to the express provisions of this Act.

Part IIU.K. 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)In any proceedings in which a magistrates’ court has committed a person for trial at, or otherwise given a direction as respects the hearing of proceedings by, a specified court of assize or county court, the place and time of trial of the proceedings in the Crown Court shall be determined in accordance with directions given by or on behalf of the Lord Chancellor, after consultation with the Lord Chief Justice.

12U.K.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.

13U.K.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 M97Costs in Criminal Cases Act (Northern Ireland) 1968, and any such costs shall be taxable and recoverable as if this Act had not been passed.

14The clerk of the Crown and peace of each county court shall make arrangements, in accordance with directions given by or on behalf of the Lord Chancellor for the disposal in accordance with those directions of all records in his custody or control which relate to the exercise by the county court of its jurisdiction to try indictable offences.

15(1)Subject to any provision made by rules of court, and to sub-paragraph (2) below—U.K.

(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.U.K.

(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 IIIU.K. Statutory Officers

17On the coming into operation of section 70(1) the Lord Chancellor shall, in accordance with that subsection, appoint as statutory officers the persons heretofore holding the offices listed in column 4 of Schedule 3 and shall not, in relation to any such person, have power to make any such direction as is referred to in section 71(4).

18Notwithstanding the provisions of section 70(2), a person who heretofore held any office in the Supreme Court shall be qualified for appointment to any office listed in column 1 of Schedule 3.

Section 122(2)

SCHEDULE 7U.K. REPEALS

PART IU.K. ACTS OF THE PARLIAMENT OF ENGLAND, GREAT BRITAIN AND THE UNTIED KINGDOM

PART IIU.K. ACTS OF THE IRISH PARLIAMENT AND PARLIAMENT OF NORTHEN IRELAND.

PART IIIU.K. ORDERS IN COUNCIL