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Judicature (Northern Ireland) Act 1978

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[1871 c. 22.] The Lunacy Regulation (Ireland) Act 1871

Subject to any specific amendment made by the succeeding paragraphs, throughout the Act for any reference to the Lord Chancellor intrusted as aforesaid (except in the definition of that expression in section 2) substitute a reference to the High Court of Justice in Northern Ireland.

In section 2 for the definitions of the expressions " the Lord Chancellor " , " the Lord Chancellor intrusted as aforesaid ", " the master ", " legal visitors " and " solicitors for minors and lunatics " substitute the following definitions—

  • " the High Court " means Her Majesty's High Court of Justice in Northern Ireland ;

  • " the Supreme Court " means the Supreme Court of Judicature of Northern Ireland;

  • " the master " means the Master (Care and Protection) ;

  • " legal visitors " and " medical visitors " mean respectively the legal visitors and the medical visitors appointed by the Lord Chief Justice under section 28 of the Judicature (Northern Ireland) Act 1978 ;

  • " the Official Solicitor " means the Official Solicitor to the Supreme Court of Judicature of Northern Ireland appointed under section 75 of the Judicature (Northern Ireland) Act 1978 ;

  • " rules of court " means rules made under section 55 of the Judicature (Northern Ireland) Act 1978.

In section 6 for the words " the registrar " substitute the words " the master "; and for the words from " the Lord Chancellor" onwards substitute the words " rules of court ".

In section 8 for the words " the registrar " substitute the words " the master ".

In section 11 for the words " the office of the registrar " substitute the words " the Office of Care and Protection ".

In section 12 for the words " the solicitor for minors and lunatics " substitute the words " the Official Solicitor " ; and for the words from " in such manner " onwards substitute the words " in such manner as the High Court may order, or, if it makes no order in the matter, in such manner as may be provided by rules of court ".

In section 13 for the words " the registrar " substitute the words " the master ".

In section 17 for the words " the office of the registrar " substitute the words " the Office of Care and Protection ".

In section 22 for the words " the office of the registrar " substitute the words " the Office of Care and Protection ".

In section 28 for the words "the High Court of Chancery in Ireland " substitute the words " the High Court ".

In section 30 for the words from " into the Bank of Ireland " to " Chancery " substitute the words " into the Supreme Court " ; for the words " into the name and with the privity of the said Accountant General" substitute the words " into the Supreme Court " ; and for the words " the said Accountant General ", where secondly occurring, substitute the words " the Accountant General of the Supreme Court ".

In section 35 for the words from " the general orders " to " in force " substitute the words " rules of court ".

In section 38 for the words " the offices of the master or registrar " substitute the words " the Office of Care and Protection ".

In section 41 for the words from " shall be left " to " Chancery " substitute the words " shall be filed in the Office of Care and Protection; and the Accountant-General of the Supreme Court ".

In section 47 for the words from " and the Lord Chancellor " to " seem meet" substitute the words " and rules of court may provide ".

In section 48 for the words from " when drawn up " to " registrar in lunacy " (where secondly occurring) substitute the words " shall be entered by the master ".

In section 49 for the words from " the name of " to " Chancery ", where it first occurs, substitute the words " the Supreme Court ";

for the words " the said Accountant General" substitute the words " the Accountant General of the Supreme Court " ; for the words " the Court of Chancery ", where secondly occurring, substitute the words " the High Court " ; for the words " signed by the registrar " substitute the words " signed by the master " ; and for the words from "and the registrar in lunacy" to "respectively" substitute the words " and the master shall certify ".

In section 52 for the words " office of the master " substitute the words " Office of Care and Protection ".

In section 53 for the words " the registrar or other proper officer of Her Majesty's Court of Probate in Ireland " substitute the words " the Master (Probate and Matrimonial) ".

In section 55(2) for the words from " the books " to " Chancery " substitute the words " the Supreme Court ".

In section 56 for the words from " as the Lord Chancellor" onwards substitute the words " as may be provided for by rules of court or from time to time ordered by the High Court in any particular case ".

In section 59 for the words " the office of the registrar " substitute the words " the Office of Care and Protection ".

In sections 73, 88 and 99, in each case, for the words " the Court of Chancery " substitute the words " the High Court ".

In section 90 for the words " the Court of Chancery " substitute the words " the High Court " ; and for the words " the name of the Accountant General of the Court of Chancery " substitute the words " the Supreme Court ".

In section 105 for the words " the office of the registrar " substitute the words " the Office of Care and Protection, and vouch ".

In section 110 for the words from " the office of the registrar " to " separate credit" substitute the words " the Office of Care and Protection and an office copy deposited in the office for the business of the Accountant General of the Supreme Court, and the Accountant General shall thereupon transfer or cause to be transferred such sum or amount of cash or stock held in the Supreme Court to the separate credit ".

In section 111 for the words "the Lord Chancellor intrusted as aforesaid shall from time to time direct" substitute the words " may be provided by rules of court ".

In section 114 for the words from " the Lord Chancellor shall" to " last-mentioned cases " substitute the words " may be provided by rules of court, but so that no percentage be levied or paid in the last-mentioned case ".

For section 117 substitute—

117Power to direct certain expenses to be borne by estates.

Rules of court may provide, or the High Court may by an order made in any particular case direct, that any remuneration for services of the medical visitors or legal visitors in connection with any lunatic, or any expenditure connected with the management of the estate of any lunatic, shall be paid out of his estate..

In section 118 for the words from the beginning to " seem meet substitute " Rules of court may make provision ".

After section 118 insert the following section—

119Remuneration of the Lord Chief Justice's Visitors.

(1)There may be paid to the legal visitors and the medical visitors such remuneration and travelling and other allowances upon such conditions and on such scales as may be determined by the Lord Chancellor after consultation with the Lord Chief Justice and with the concurrence of the Minister for the Civil Service.

(2)This section does not prejudice the power conferred by section 117 of this Act to provide for or direct that any such remuneration or expenditure as is mentioned in that section shall be borne by a particular estate..

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