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The Rules of the Supreme Court (Northern Ireland) (Amendment) 2009

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Amendments to the principal Rules

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3.  The principal Rules shall be amended as follows—

(1) in Order 116—,

(a)rule 1—

(i)in the definition of “defendant”, for “an offence under any of sections 15 to 18 of the Act” substitute “a relevant offence”;

(ii)in the definition of “prosecutor”, for “an offence under any of the sections 15 to 18 of the Act” substitute “a relevant offence”;

(b)in rule 3(2)(a), for “an offence under any of sections 15 to 18 of the Act” substitute “a relevant offence”;

(2) in Order 123—

(a)in rule 1, after the definition of “civil recovery proceedings”, insert—

“management receiver” means a receiver appointed under section 245E of the Act, or, as the case may be, under Article 150A of the Order in Council;

“management receiving order” means an order made under section 245E of the Act, or, as the case may be, under Article 150A of the Order in Council;;

(b)in Part II, on each occasion where it occurs, for “the Director”, substitute “the enforcement authority”;

(c)in rule 7—

(i)in the heading—

(aa)for “or”, substitute “,”; and

(bb)after “interim receiving order”, insert “or a management receiving order”;

(ii)in sub-paragraph (1)(b), at the end, for “,” substitute “; or”;

(iii)after sub-paragraph (1)(b), insert—

(c)a management receiving order,;

(iv)in paragraph (3)—

(aa)after “interim receiving order,”, insert “or for a management receiving order,”;

(bb)for sub-paragraph (a), substitute—

(a)specify the person nominated by the enforcement authority (“the nominee”) under section 246 of the Act or Article 151 of the Order in Council to act as interim receiver, or, as the case may be, under section 245E of the Act or Article 150A of the Order in Council to act as a management receiver;; and

(v)in paragraph (4)—

(aa)for “or”, substitute “,”;

(bb)after “interim receiving order”, insert “, or a management receiving order”; and

(cc)for “of”, where it occurs for the second time, substitute “on”;

(d)in rule 8—

(i)in the heading, delete “Interim”;

(ii)after “interim receiver”, insert “or a management receiver”; and

(iii)after “interim receiving order”, insert “or a management receiving order”;

(e)in rule 9—

(i)for paragraph (1) substitute—

(1) An application for directions as to the exercise of the functions of—

(a)an interim receiver under section 251 of the Act or Article 156 of the Order in Council; or

(b)a management receiver under section 245G of the Act or Article 150C of the Order in Council,

shall be made by way of summons.; and

(ii)in sub-paragraph (2)(a), after “interim receiver”, insert “or, as the case may be, the management receiver”;

(f)in rule 10—

(i)in the heading—

(aa)after “property freezing order”, for “or”, substitute “,”; and

(bb)after “interim receiving order”, insert “or management receiving order”;

(ii)in paragraph (1), after “(which may include an application for an exclusion from the order)”, insert “, or a management receiving order”;

(iii)in sub-paragraph (2)(b), delete “and”; and

(iv)after sub-paragraph (2)(b), insert—

(ba)in the case of an application to vary or set aside a management receiving order, the management receiver (where he is not the applicant); and;

(g)in rule 19—

(i)in sub-paragraph (2)(d)—

(ii)for “member of staff of the Agency”, substitute “appropriate person”; and

(iii)delete “(“the named officer”)”;

(iv)in sub-paragraph (2)(e)—

(aa)for “member of staff of the Agency”, substitute “other person”;

(bb)for “the Director”, substitute “the senior appropriate officer”; and

(cc)for “named officer”, substitute “appropriate person”;

(h)in rule 20, on each occasion where it occurs, for “the Director”, substitute “the relevant authority”;

(i)in rule 21, for “the Director”, substitute “the appropriate officer”;

(j)in rule 22—

(i)in paragraph (1), for “the Director”, substitute “an appropriate officer”; and

(ii)in sub paragraph (2)(b), for “member of staff of the Agency”, substitute “appropriate officer”;

(k)in rules 23, 24, and 25, on each occasion where it occurs, for “the Director”, substitute “an appropriate officer”;

(l)in rule 26—

(m)in paragraph (2), for “the Director”, substitute “the appropriate officer”; and

(n)in paragraph (3), for “the Director”, substitute “an appropriate officer”;

(3) After Order 123, insert the Order set out in the Schedule to these Rules;

(4) In Appendix A—

(a)in Form 27, for “above-named plaintiff [or defendant]”, substitute “[plaintiff][defendant][(name), third party]”;

(b)in Form 72, paragraph 2, for “a civil recovery investigation”, substitute “[a civil recovery investigation] [a detained cash investigation] (delete as appropriate)”.

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