County Courts (Northern Ireland) Order 1980

Making of county court rules N.I.

47.—(1) For the purposes of or in relation to any jurisdiction exercisable by county courts, any such rules as are referred to in section 21(1) and (2) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] or Article 48 may—

(a) be made by the Rules Committee in accordance with Article 46 and the following provisions of this Article; and

(b) be known as “county court rules”.

[F1 (1A) For the purposes of this Article, “relevant authority” means—

(a) in relation to county court 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 1998.]

[F2 (2) County court rules must be certified under the hand of the members of the Rule Committee, or any three or more of them.

(3) After making and certifying county court rules the Rules Committee must submit them to the [F3 relevant authority].

(4) The [F3 relevant authority] must, after consultation with the Lord Chief Justice, allow or disallow county court rules submitted to [F4 it].

(5) County court rules have effect only if the [F3 relevant authority] allows them.

(6) If the [F3 relevant authority] disallows county court rules, the [F3 relevant authority] must give the Rules Committee written reasons why [F5 it] has disallowed them.

(7) County court rules allowed by the [F3 relevant authority] shall come into operation on such day as the [F3 relevant authority] shall direct.

(8) Paragraph (9) applies if the [F3 relevant authority] gives the Rules Committee written notice that [F6 it] thinks it is expedient for county court rules to include provision that would achieve a purpose specified in the notice.

(9) The Rules Committee must make such county court rules as it considers necessary to achieve the specified purpose.

(10) Those rules must be—

(a) made within a reasonable period after the [F3 relevant authority] gives notice under paragraph (8);

(b) made in accordance with this Article.]

F1 Art. 47(1A) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 118(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F2 Art. 47(2)-(10) substituted (3.4.2006) for art. 47(2)(3) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 57; S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

F3 Words in art. 47 substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 118(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F4 Word in art. 47(4) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 118(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F5 Word in art. 47(6) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 118(d) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F6 Word in art. 47(8) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 118(d) (with arts. 28-31); S.I. 2010/977, art. 1(2)