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The Rules of the Court of Judicature (Northern Ireland) (Amendment) 2010

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Amendments to the Rules of the Court of Judicature (Northern Ireland) 1980

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5.  In Order 61, after rule 18, insert—

Application for suspension of a foreign driving disqualification under the Crime (International Co-operation) Act 2003

19.(1) In this rule and rule 20 —

the Department” means the Department of the Environment for Northern Ireland; and

“the 2003 Act” means the Crime (International Co-operation) Act 2003(1).

(2) An application to the Court of Appeal under section 62(3) of the 2003 Act to suspend a driving disqualification shall be made by way of notice of motion and shall be accompanied by a copy of the application to state a case lodged with the clerk of petty sessions under Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981(2).

(3) The applicant shall serve a copy of the application made under paragraph (2) on the clerk of petty sessions for the magistrates’ court which heard the appeal against the disqualification under section 59 of the 2003 Act.

(4) The proper officer shall as soon as practicable after the Court of Appeal has made a decision in respect of an application under paragraph (2) notify—

(a)the clerk of petty sessions for the magistrates’ court which heard the appeal against the disqualification under section 59 of the 2003 Act ; and

(b)each of the parties to the proceedings,

of that decision.

20.  An application to the Court of Appeal under section 62(4) of the 2003 Act to suspend a driving disqualification shall be by way of notice of motion and shall be accompanied by —

(a)a copy of the application made under the Act for leave to appeal to the Supreme Court or a copy of the order granting leave to appeal as appropriate; and

(b)an affidavit setting out the grounds on which the applicant seeks to have the driving disqualification suspended.

21.  The provisions of Order 8 shall apply to applications brought under rules 19 and 20..

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