Search Legislation

The Magistrates' Courts (Northern Ireland) Order 1981

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Magistrates' Courts (Northern Ireland) Order 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Commencement Orders yet to be applied to the The Magistrates' Courts (Northern Ireland) Order 1981

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Article 170(1)

SCHEDULE 5N.I.TRANSITIONAL PROVISIONS, ETC.

PART IN.I.TRANSITIONAL PROVISIONS

1.  Where any enactment provides that proceedings may be taken, offences may be prosecuted or sums recovered in a summary manner or summarily without further provision such proceedings may be taken, offences may be prosecuted or sums recovered in accordance with this Order and magistrates' courts rules.N.I.

PART IIN.I.CONSTRUCTION OF REFERENCES

2.  References in any enactment relating to proceedings before a magistrates' court to a penal sum shall be construed as including a reference to a sum adjudged to be paid by a conviction of such court.N.I.

3.  References in any enactment to the preliminary investigation of an indictable offence shall be construed as including references to a preliminary inquiry.N.I.

4.  References in any enactment in force on 30th November 1965 to the summary trial of indictable offences or to indictable offences which are triable summarily shall be construed, as the case may be, as references to the summary trial of indictable offences under Articles 45 and 46 or as references to indictable offences which are triable under those Articles.N.I.

5.  References in any enactment to the Summary Jurisdiction Rules Committee or to summary jurisdiction rules shall be construed, as the case may be, as references to the Magistrates' Court Rules Committee or to magistrates' courts rules.N.I.

PART IIIN.I.SAVINGS

Juvenile courtsN.I.

6.  Nothing in this Order shall affect the constitution of juvenile courts constituted in accordance with the provisions of Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 or the operation of section 63 of that Act deeming such courts to be courts of summary jurisdiction.N.I.

Existing rulesN.I.

7.  All rules (including summary jurisdiction rules) or orders relating to or affecting proceedings in magistrates' courts or costs in such proceedings (to whomsoever payable) made under any enactment repealed by the Magistrates' Courts Act (Northern Ireland) 1964 shall (in so far as they are not inconsistent with this Order or with magistrates' courts rules) continue in force and have effect as if they were magistrates' courts rules and may be varied or revoked by magistrates' courts rules.N.I.

Rights in ejectment proceedingsN.I.

8.  (1)  Nothing in the provisions of this Order relating to ejectment proceedings shall prejudice or affect the right of any owner of property entrusted to the care of any servant, herdsman or caretaker peaceably to resume the possession of it without process of law.N.I.

(2) The reference in paragraph (1) to owner shall include the executors or administrators or assigns of such owner and his or their agent duly authorised in writing and, in relation to premises subject to the enactments referred to in Article 67(1)(c), shall include any person entitled under those enactments to recover possession of the premises.

Rights of, and restrictions upon, appealsN.I.

9.  (1)  Nothing in Part XII shall operate—N.I.

(a)so as to prejudice any existing right of appeal for which no provision is made by that Part;

(b)so as to remove any existing restriction on a right of appeal.

(2) In sub-paragraph (1) “existing” means existing at the commencement of Part XII by virtue of an enactment not repealed by this Order.

N.I.

Para. 10 rep. by 1988 NI 17

Other savingsN.I.

11.  Where a default to which the provisions of Article 99 or 112(3) applies occurred before 1st December 1980, the punishment for such a default as provided by those provisions shall not apply and the punishment for such a default as provided by section 109 of the Magistrates' Courts Act (Northern Ireland) 1964 as amended by section 130 of, and Part II of Schedule 4, to, the Judgements (Enforcement) Act (Northern Ireland) 1969F1 or, as the case may be, as provided by section 114(3) of that Act of 1964 shall apply, except that for such a default to which section 114(3) of that Act shall apply a person shall not, after 1st December 1980, be imprisoned for a term exceeding two months.N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

12.  The repeal of paragraphs 10 and 12 of Schedule 3 to the Magistrates' Courts Act (Northern Ireland) 1964 and so much of section 52(1) of that Act as relates to those paragraphs shall not take effect until the date mentioned in section 33(3) of the Forgery and Counterfeiting Act 1981F2.N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

13.  Nothing in this Schedule prejudices the operation of sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954.N.I.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order as a PDF

The Whole Order you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources