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Judicature (Northern Ireland) Act 1978

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Part IXE+W+S+N.I. Inferior Courts

County courtsE+W+S+N.I.

95, 96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

97 Civil jurisdiction exercisable by circuit registrars.E+W+S+N.I.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2)Her Majesty may by Order in Council—

(a)direct that [F3Articles 62(1), (2) and (3), 67(1)(a) and 72(3) of the Magistrates’ Courts (Northern Ireland) Order 1981] (which impose financial limits on the jurisdiction of courts of summary jurisdiction in debt and ejectment proceedings) shall have effect with the substitution for the sums for the time being specified in those provisions of such higher sums as may be specified in the Order;

(b)abolish any civil jurisdiction exercisable by courts of summary jurisdiction;

(c)confer on circuit registrars any civil jurisdiction additional to that for the time being exercisable by them under or by virtue of any statutory provision.

(3)An Order in Council under subsection (2) may make such incidental, consequential, transitional or supplementary provisions (including the amendment or repeal of any statutory provision) as appear to Her Majesty to be necessary or proper for giving full effect to the provisions of the Order.

(4)No recommendation shall be made to Her Majesty in Council to make an Order under subsection (2) unless a draft of the Order has been approved by resolution of each House of Parliament.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

98 Appointment and assignment of county court judges. E+W+S+N.I.

For section 102 of the County Courts Act (Northern Ireland) 1959 M1 there shall be substituted the following section—

102 Appointment and assignment of judges.

(1)Her Majesty may appoint as judges such qualified persons as may be recommended to Her by the Lord Chancellor.

(2)A judge shall sit in the county court in accordance with directions given by the Lord Chancellor.

(3)A judge may, in accordance with such directions, sit as a judge for any division.

(4)Subject to subsections (2) and (3), the Lord Chancellor shall assign one judge to each division and may from time to time vary any such assignment.

(5)The judge assigned to the division which is or includes—

(a)the area of the city of Belfast shall be styled the Recorder of Belfast;

(b)the area of the city of Londonderry shall be styled the Recorder of Londonderry.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1The text of ss. 98, 99, 100, Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

99 Qualifications of county court judges and deputy judges. E+W+S+N.I.

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)For section 107 of the County Courts Act (Northern Ireland) 1959 there shall be substituted the following section—

107 Deputy judges.

(1)The Lord Chancellor may appoint as deputy judge—

(a)a person who has previously held the office as judge;

(b)a person who has practised for not less than ten years at the Bar of Northern Ireland;

(c)a resident magistrate;

(d)a solicitor who has practised for not less than ten years as a solicitor in Northern Ireland.

(2)The appointment of a person as a deputy judge shall specify the term for which he is appointed.

(3)Subject to subsection (4), the Lord Chancellor may, with the agreement of the deputy judge, from time to time extend, for such period as he thinks appropriate, the term for which the deputy judge is appointed.

(4)Except where an appointment is made under subsection (1)(a), neither the initial term for which a deputy judge is appointed nor any extension of that term under subsection (3) shall be such as to continue his appointment as a deputy judge after the end of the completed year of service in which he attains the age of seventy-two years.

(5)A deputy judge shall, while he is so acting, have the like authority, jurisdiction, powers and privileges as a judge in all respects.

(6)Where the hearing of any proceedings duly commenced before any deputy judge is adjourned or judgement is reserved therein, that deputy judge shall, notwithstanding anything in subsection (2) or (4), have power to resume the hearing and determine the proceedings or, as the case may be, to deliver the judgement so reserved.

(7)There shall be paid to every deputy judge, except a resident magistrate, such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.

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Amendments (Textual)

Modifications etc. (not altering text)

C2The text of ss. 98, 99, 100, Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

E+W+S+N.I.

Magistrates’ courts

100 Appointment and assignment of resident magistrates. E+W+S+N.I.

For section 9 of the Magistrates’ Courts Act (Northern Ireland) 1964 M2 there shall be substituted the following section—

9 Appointment and assignment of resident magistrates.

(1)Her Majesty may, on the recommendation of the Lord Chancellor, appoint fit and proper persons to be resident magistrates, being persons who at the dates of their appointments have practised for not less than seven years either as a member of the Bar of Northern Ireland or as a solicitor of the Supreme Court.

(2)Without prejudice to section 7, a resident magistrate on his appointment shall forthwith take the oath of allegiance and the judicial oath as required by the Promissory Oaths Act 1868.

(3)A resident magistrate shall sit in accordance with directions given by the Lord Chancellor.

(4)A resident magistrate may, in accordance with such directions, sit in any petty sessions district.

(5)Subject to subsections (3) and (4), the Lord Chancellor may assign a resident magistrate to one or more petty sessions districts and may from time to time vary any such assignment.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C3The text of ss. 98, 99, 100, Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

SupplementaryE+W+S+N.I.

102 Supplementary.E+W+S+N.I.

(1)In this Part—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(b)[F7section 100] shall be construed as one with the M3Magistrates’ Courts Act (Northern Ireland) 1964.

(2)Where the Lord Chancellor at any time directs that any of the Acts listed in subsection (3) is to be reprinted, section 30 of the M4Interpretation Act (Northern Ireland) 1954 shall apply as if—

(a)that direction were contained in an enactment; and

(b)in subsection (2) of that section for the words “the Clerk of the Parliaments” there were substituted the words “the Clerk to the Assembly”.

(3)The Acts referred to in subsection (2) are—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(c)the M5Judgments (Enforcement) Act (Northern Ireland) 1969.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6S. 102(1)(a) repealed by S.I. 1980/397 art. 68(2), (N.I. 3), Sch. 3

Marginal Citations

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