SCHEDULES

SCHEDULE 18Amendments relating to Article 15(1) to (4) etc

PART 3Orders in Council

Magistrates’ Courts (Northern Ireland) Order 1981

131

Amend the Magistrates’ Courts (Northern Ireland) Order 1981586 as follows.

132

In Article 6A(5) (costs in legal proceedings) for the words from “annulment” to “accordingly” substitute “negative resolution”.

133

In Article 13 (magistrates’ courts rules)—

a

after paragraph (3) insert—

3ZA

For the purposes of paragraphs (3A) to (3D), “relevant authority” means—

a

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

b

otherwise, the Department of Justice;

and for the purposes of this paragraph “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998587.

b

in paragraphs (3A) and (3D) for “Lord Chancellor” substitute “relevant authority”;

c

in paragraph (3B)—

i

for “Lord Chancellor” substitute “relevant authority”;

ii

for “he” substitute “it”.

134

In Article 24(7) (non-appearance of accused: plea of guilty) for the words from “annulment” to “accordingly” substitute “negative resolution”.

135

In Article 85(12) (orders for periodical payment: means of payment) for the words from “annulment” to “accordingly” substitute “negative resolution”.

136

In Article 86A(6) (interest on arrears) for the words from “annulment” to “accordingly” substitute “negative resolution”.

137

In Articles 139(1) and (3) and 151(2) (payments) (wherever occurring) for “Consolidated Fund of the United Kingdom” substitute “Consolidated Fund of Northern Ireland”.

138

In Article 150(1) and (2) (abandonment of appeal to county court or by way of case stated) for “the Lord Chancellor” substitute “that Department”.

139

In Article 167(2) (expenses) for “Lord Chancellor in performing his functions” substitute “Department of Justice in performing its functions”.