The County Court (Miscellaneous Amendments) Rules (Northern Ireland) 2016

Statutory Rules of Northern Ireland

2016 No. 300

County Courts

Procedure

The County Court (Miscellaneous Amendments) Rules (Northern Ireland) 2016

Made

6th July 2016

Coming into operation in accordance with Rule 1

The County Court Rules Committee makes the following rules in exercise of the powers conferred by Article 47 of the County Courts (Northern Ireland) Order 1980(1).

Citation and commencement

1.  These Rules may be cited as the County Court (Miscellaneous Amendments) Rules (Northern Ireland) 2016 and shall come into operation on the same day as section 1 of the Justice Act (Northern Ireland) 2015(2).

Amendment to the Water Supplies and Sewerage (Northern Ireland) County Court Rules 1955

2.  The Water Supplies and Sewerage (Northern Ireland) County Court Rules 1955(3) are amended as follows—

(1) Omit rule 6.

(2) In the First Schedule—

(a) in Forms 1 to 6a, in the heading, omit “for the County of …” and “Division of …”; and

(b) in Forms 1, 3, 5 and 5a, after “County Court Judge”, omit for “for the County of …”.

Amendment to the County Court (Summoning of Witnesses in Criminal Proceedings and Appeals) Rules (Northern Ireland) 1966

3.  The County Court (Summoning of Witnesses in Criminal Proceedings and Appeals) Rules (Northern Ireland) 1966(4) are amended as follows—

(1) In rule 8, in paragraph (b), for “county”, substitute “administrative”.

(2) In the Schedule, in Forms 1 to 3, in the heading, omit “Division of”.

Amendment to the County Court (Affidavit of Service) Rules (Northern Ireland) 1972

4.  In the Schedule to the County Court (Affidavit of Service) Rules (Northern Ireland) 1972(5) omit “for the County [Borough]”.

David K McFarland

Ruth Collins

Sharon Hughes

Patrick Mallarkey

Dated 6th July 2016

In the exercise of the powers conferred by Article 47(4) of the County Courts (Northern Ireland) Order 1980, I allow these Rules.

Sealed with the Official Seal of the Department of Justice on 19th July 2016

Claire Sugden

Minister of Justice

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend—

• the Water Supplies and Sewerage (Northern Ireland) County Court Rules 1955 (S.R.& O. 1955 No. 56);

• the County Court (Summoning of Witnesses in Criminal Proceedings and Appeals) Rules (Northern Ireland) 1966 (S.R.& O. 1966 No. 257); and

• the County Court (Affidavit of Service) Rules (Northern Ireland) 1972 (S.R. 1972 No. 280)

to take account of Part 1 of the Justice Act (Northern Ireland) 2015 which creates a single jurisdiction for county courts and magistrates’ courts whereby the jurisdiction and powers of those courts are exercisable throughout the whole of Northern Ireland.

(1)

S.I. 1980/397 (N.I. 3), to which the most recent relevant amendments were made by the Constitutional Reform Act 2005 (c.4); and paragraph 33 of Schedule 17 to, and paragraph 118 of Schedule 18 to, the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976)

(2)

2015 c.9 (N.I.)

(3)

S.R. & O. 1955 No. 56

(4)

S.R. & O. 1966 No. 257

(5)

S.R. 1972 No. 280