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County Court (Amendment) Rules (Northern Ireland) 1999

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Citation and interpretation

1.—(1) These Rules may be cited as the County Court (Amendment) Rules (Northern Ireland) 1999.

(2) In these Rules, a reference to an Order, Rule or Form by number is a reference to that Order, Rule or Form so numbered in the County Court Rules (Northern Ireland) 1981(1).

Commencement of proceedings

2.  In Order 1, Rule 1(1), for the words “and Order 30 Rule 3” there shall be substituted the words “, Order 30, Rule 3 and Order 52, Rule 17”.

Certificate of readiness

3.  Order 8, Rule 3, shall be amended as follows—

(a)in paragraph (1) after the words “the plaintiff shall” there shall be inserted the words “subject to paragraph (1A) and”;

(b)after paragraph (1) there shall be inserted the following new paragraph—

(1A) A certificate of readiness may not be delivered to the chief clerk until the expiry of 21 days following the date of service of the notice of intention to defend..

Appeals from magistrates' courts

4.  Order 32 Part IIA shall be amended as follows—

(a)in paragraphs (1) and (3) of Rule 6B, for the word “juvenile” there shall be substituted the word “magistrates”;

(b)in paragraphs (1) and (5) of Rule 6C, for the word “juvenile” there shall be substituted the word “magistrates”.

Amendments to Order 52

5.  Order 52 shall be amended as follows—

(a)Rule 2 is hereby revoked;

(b)after Part V there shall be added the new Part VI set out in Schedule 1.

Forms

6.—(1) After Form 265 there shall be inserted the new Form 265A set out in Schedule 2.

(2) Forms 293 and 294 are hereby revoked.

We, the undersigned members of the County Court Rules Committee, having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly.

A. R. Hart

Hilary Keegan

Barry Valentine

T. A. Burgess

James A. Agnew

Brian J. Stewart

Dated 25th February 1999.

After consultation with the Lord Chief Justice, I allow these Rules which shall come into operation on 12th April 1999.

Irvine of Lairg, C.

Dated 16th March 1999.

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