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The Magistrates’ Courts Fees (Amendment) Order (Northern Ireland) 2018

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Statutory Rules of Northern Ireland

2018 No. 101

Magistrates’ Courts

The Magistrates’ Courts Fees (Amendment) Order (Northern Ireland) 2018

Made

23rd April 2018

Coming into operation

1st June 2018

The Department of Justice, in exercise of the powers conferred by section 116(1) of the Judicature (Northern Ireland) Act 1978(1) and now vested in it(2), makes the following Order with the concurrence of the Department of Finance(3).

The Department of Justice has, in accordance with section 116(1) of that Act, consulted with the Lord Chief Justice.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Magistrates’ Courts Fees (Amendment) Order (Northern Ireland) 2018 and shall come into operation on 1st June 2018.

(2) In this Order “the principal Order” means the Magistrates’ Courts Fees Order (Northern Ireland) 1996(4).

Amendments to the principal Order

2.  In Part G (Miscellaneous) of Schedule 1 to the principal Order, in Fee 55, for the words from “to a magistrates’ court” to “Article 91(3) or (4) of the Order)” substitute “, or an application, to a magistrates’ court (other than an application brought by an employer under paragraph 3(1) of Schedule 1 to the Justice Act (Northern Ireland) 2016)”.

Sealed with the Official Seal of the Department of Justice on 23rd April 2018

Legal seal

Nick Perry

A senior officer of the

Department of Justice

The Department of Finance concurs in the making of this Order.

Sealed with the Official Seal of the Department of Finance on 24th April 2018

Legal seal

Emer Morelli

A senior officer of the Department of Finance

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Magistrates’ Courts Fees Order (Northern Ireland) 1996 (SR 1996 No. 102), consequential to provision in Schedule 1 to the Justice Act (Northern Ireland) 2016 (2016 c. 21) relating to the collection and enforcement of financial penalties and provides that no fee is payable for an application by an employer for a determination on what may constitute earnings for the purpose of an attachment of earnings order.

An Explanatory Memorandum has been produced and is available from the Northern Ireland Courts and Tribunals Service, Fee Team, Laganside House, 23-27 Oxford Street, Belfast BT1 3LA or online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr.

(1)

1978 c. 23 as amended by the Courts Act 2009 (c. 39) and section 59 of the Justice Act (Northern Ireland) 2016 (c. 21 (N.I.)).

(2)

Article 15(1) and paragraph 6(h) of Schedule 17 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976).

(3)

Article 15(4)(b) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976). Formerly the Department of Finance and Personnel, see the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)), section 1(4) and Schedule 1 to the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.)).

(4)

S.R. 1996 No. 102 to which relevant amendments are made by S.R. 2007 No. 379 and S.R. 2017 No. 14.

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