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The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010

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Judicature (Northern Ireland) Act 1978

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5.—(1) The Judicature (Northern Ireland) Act 1978(1) is amended as follows.

(2) In section 69(2) (Northern Ireland Court Service)—

(a)for the heading, substitute “General Functions of the Department of Justice in relation to Courts and Judgments”;

(b)for subsection (1) substitute—

(1) The functions of the Department of Justice include—

(a)facilitating the conduct of the business of the following courts, namely—

(i)the Court of Judicature;

(ii)county courts;

(iii)magistrates’ courts; and

(iv)coroners’ courts;

(b)giving effect to judgments to which the Judgments Enforcement (Northern Ireland) Order 1981 applies; and

(c)discharging such other functions in relation to the courts mentioned in paragraph (a) or the enforcement of the judgments mentioned in paragraph (b) as are conferred on, or transferred to, it or any civil servants in the Department of Justice by or under this Act or any other statutory provision.;

(c)omit subsections (2) and (3);

(d)in subsection (4), omit “by the Court Service”;

(e)omit subsection (6).

(3) In paragraph (d) of section 76 (property held by officers), for “member of the Northern Ireland Court Service” substitute “person designated as a chief clerk under Article 2(2) of the County Courts (Northern Ireland) Order 1980(3) or appointed as a clerk of petty sessions under Article 2(4) of the Magistrates’ Courts (Northern Ireland) Order 1981(4)”.

(4) In section 85 (provision for default to be made good), for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.

(5) In Part 2 of Schedule 5 (minor and consequential amendments), omit the entries relating to section 1(3) of the House of Commons Disqualification Act 1975 and section 1(2) of the Northern Ireland Assembly Disqualification Act 1975.

(2)

Section 69 was amended by S.I. 1981/226, S.I. 1981/1670, the Statute Law (Repeal) Act 2004 c.23 and paragraph 6 of Schedule 11 to the Constitutional Reform Act 2005 c.4.

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