Judgments Enforcement and Debts Recovery (Northern Ireland) Order 1979

Statutory Instruments

1979 No. 296 (N.I. 3)

Judgments Enforcement and Debts Recovery (Northern Ireland) Order 1979

[14th March 1979]

Title N.I.

1.—(1) This Order may be cited as the Judgments Enforcement and Debts Recovery (Northern Ireland) Order 1979.

Para. (2) rep. by 1981 NI 6

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order “the Act of 1969” means the Judgments (Enforcement) Act (Northern Ireland) 1969 [1969 c.30] .

Arts.3‐16 rep. by 1981 NI 6

Art.17 rep. by 1981 NI 26

Arts.18‐31 rep. by 1981 NI 6

Art.32 rep. by 1981 NI 26

Art.33 inserts s.4A in 1968 c.10 (NI)

Recovery of debts by public bodies N.I.

34.—(1) Any sum due to the Northern Ireland Housing Executive in respect of arrears of rent or an amount payable under [F1 Article 69(1) of the Magistrates' Courts (Northern Ireland) Order 1981]F1 (liability of overholding tenant or occupier) shall be a debt recoverable summarily; and in the application of section 82(3) of that Act to a claim by the Executive for the recovery of such arrears or such an amount the words “not exceeding one hundred pounds” shall be omitted.

(2) A person authorised in writing by a public body to exercise functions under this paragraph may authorise the institution of and, although not of counsel or a solicitor, institute, appear in and conduct on behalf of the body proceedings in any court of summary jurisdiction for the recovery of any sum due to the body which is recoverable in such a court; and any such proceedings which have been begun by one such person may be continued by another such person.

(3) In paragraph (2) “public body” means a body (including a district council) established by or under any statutory provision within the meaning of section 1( f) of the Interpretation Act (Northern Ireland) [1954 c.33] 1954.

F1 1981 NI 26

Art.35(1)(2), with Schedule 4, effects amendments; para.(3) rep. by 1981 NI 6

N.I.

Schedule 1 rep. by 1981 NI 26

N.I.

Schedules 2, 3 rep. by 1981 NI 6

N.I.

Schedule 4—Amendments

N.I.

Schedule 5 rep. by 1981 NI 6