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Judicature (Northern Ireland) Act 1978

Status:

This is the original version (as it was originally enacted).

(1) Acts of the Parliament of the United Kingdom

[1801 c. 90.] The Crown Debts Act 1801

In section 5 for the words from " into the Bank of Ireland " to the end substitute the words " into the Supreme Court in Northern Ireland ".

[1805 c. 92.] The Writ of Subpoena Act 1805

In sections 3 and 4 references to a writ of subpoena requiring the appearance of a person to give evidence shall be construed as including references to any summons or order issued by the Crown Court in Northern Ireland for the appearance of a person before it

[1831 c. 44.] The Tumultuous Risings (Ireland) Act 1831

In section 9 for the words from " the judge, assistant barrister " to " court as aforesaid " substitute the words " any judge of the Crown Court " and for the words from "clerk of the crown, clerk of the peace" to " them forthwith" substitute the words " appropriate officer of that court ".

[1836 c. 13.] The Constabulary (Ireland) Act 1836

In section 16 for die words "at any assizes or sessions of the peace " substitute the words " by any court of justice in Northern Ireland ".

[1837 c. 83.] The Parliamentary Documents Deposit Act 1837

For any reference to the clerk of the peace there shall, as respects Northern Ireland, be substituted a reference to the clerk of the district council.

[1843 c. 98.] The Slave Trade Act 1843

In section 4(1), as it applies to Northern Ireland, for the words " Her Majesty's said court" and " Her Majesty in her Court of Queen's Bench (in manner set forth and prescribed in the East India Company Act 1772) " substitute the words " the Crown Court ".

[1845 c. 18.] The Lands Clauses Consolidation Act 1845

At the end of section 3 add the following definition—

  • ' Supreme Court ' shall mean the Supreme Court of Judicature of Northern Ireland where the same shall relate to monies to be paid or deposited in respect of lands situate in Northern Ireland..

Section 9 shall, in the case of purchase money or compensation for, or compensation for damage or injury to, lands in Northern Ireland, have effect with the insertion after the words " deposited in the Bank ". of the words " or the Supreme Court ".

Section 69 shall, in the case of purchase money or compensation payable in respect of, or of an interest in, or for damage to, lands in Northern Ireland, have effect with the substitution for the words from " be paid into the Bank " to " the said courts " of the words " be paid into the Supreme Court ".

Section 70 shall, in the case of money paid into the Supreme Court, have effect with the substitution for the words from " and until the money " to " annual proceeds thereof paid " of the words " and if, before it is so applied, it is dealt with under section 81 or 82 of the Judicature (Northern Ireland) Act 1978, the annual proceeds thereof shall be paid ".

Section 71 shall, in the case of purchase money or compensation payable in respect of, or of an interest in, or for damage to, lands in Northern Ireland, have effect with the substitution for the words " into the Bank " where they twice occur of the words " into the Supreme Court ".

Section 73 shall, in the case of money payable in respect of the taking, using or interfering with lands in Northern Ireland, have effect with the substitution for the words " into the Bank " where they twice occur of the words " into the Supreme Court ".

Section 76 shall, in the case of, or of an interest in, lands in Northern Ireland that have, or has, been purchased or taken, have effect with the substitution for the words from " to deposit the purchase money " to the end of the words " to pay into the Supreme Court the purchase money or compensation payable in respect of such lands ".

Section 78 shall, in the case of purchase money or compensation payable in respect of, or of an interest in, lands in Northern Ireland, have effect as if, after the word " so" (in both places where it occurs) there were inserted the words " paid or " and as if for the words from " order such money " to " thereof " (where it last occurs) there were substituted the words " order distribution of the money according to the respective estates, titles or interests of the parties making claim to such money or lands, or any part thereof, and if, before the money is distributed, it is dealt with under section 81 or 82 of the Judicature (Northern Ireland) Act 1978 payment likewise of the dividends thereof ".

Section 84 shall, in the case of lands in Northern Ireland, have effect with the substitution for the words " deposited in the Bank " of the words " paid into the Supreme Court ".

Section 85 shall, in the case of lands in Northern Ireland have effect as if for the words " to deposit in the Bank ", the words " so to be deposited", the words "for deposit in the Bank", the words " deposited in the Bank " and the words " such deposit" there were respectively substituted the words " to pay into the Supreme Court " , the words " so to be paid ", the words " for payment into the Supreme Court", the words " paid into the Supreme Court" and the words " such payment ".

The Act shall, in its application to Northern Ireland, have effect with the substitution for sections 86, 87 and 88 of the following section:—

86Application of Funds in Court.

Money paid under section 85 of this Act into the Supreme Court shall remain there by way of security to the parties whose lands shall so have been entered upon for the performance of the condition of the bond to be given by the promoters of the undertaking, as hereinbefore mentioned, and, if dealt with under section 81 or 82 of the Judicature (Northern Ireland) Act 1978 shall be accumulated; and upon the condition of such bond being fully performed the High Court may, on the application of the promoters, order it, or the proceeds of the securities in which it has been invested, together with the accumulation thereof, to be paid to the promoters of the undertaking, or if such condition shall not be fully performed it shall be lawful for the said Court to order the same to be applied, in such manner as it shall think fit, for the benefit of the parties for whose security the same shall have been paid.

Section 89 shall, in the case of lands in Northern Ireland, have effect as if for the words " deposited the same in the Bank " there were substitued the words " paid the same into the Supreme Court ".

Section 99 shall, in the case of lands in Northern Ireland, have effect with the substitution for the words " and upon payment or deposit in the Bank of the compensation so determined " of the words " and upon payment of the compensation so determined either to the persons entitled thereto or into the Supreme Court ".

Section 100 shall, in the case of lands in Northern Ireland, have effect with the substitution for the words " on deposit thereof in the Bank " of the words " on payment thereof into the Supreme Court", with the substitution for the words " deposited as aforesaid " of the words "paid into the Supreme Court as aforesaid" and with the substitution for the words from " by payment " to the end of the words " by payment, as hereinafter provided, of compensation for the same either to the persons entitled thereto or into the Supreme Court ".

Section 107 shall, in the case of lands in Northern Ireland over which commonable or other rights subsist, have effect with the substitution for the words " deposit in the Bank in the manner provided in the like case " of the words " payment into the Supreme Court " with the omission of the words " or deposited " and with the substitution for the words " so deposited " of the words "so paid into the Supreme Court ".

Section 109 shall, in the case of lands in Northern Ireland subject to a mortgage, have effect with the substitution for the words " to deposit in the bank, in the manner provided by this Act in like cases " of the words " to pay into the Supreme Court ".

Section 111 shall, in the case of lands in Northern Ireland subject to a mortgage, have effect with the substitution for the words from " to deposit " to " every such payment or deposit" of the words " to pay into the Supreme Court the amount of such value or compensation ; and the making of payment to the mortgagee or into the Supreme Court" and for the words " by such payment or deposit" of the words " by payment to the mortgagee or into the Supreme Court ".

Section 113 shall, in the case of lands in Northern Ireland subject to a mortgage, have effect with the substitution for the words from " to pay the amount " to " such payment or deposit" of the words " to pay into the Supreme Court the amount of such value or compensation ; and the making of payment to the mortgagee or into the Supreme Court ".

Section 117 shall, in the case of lands in Northern Ireland charged with payments or incumbrances not otherwise provided for in the Act, have effect with the substitution for the words from " to deposit " to " like cases ", of the words " to pay into the Supreme Court the amount of the compensation ".

In Schedule A as it applies to the conveyance of land, or an interest in land, in Northern Ireland, for the words from " Bank " where first occurring to " Chancery" substitute the words " the Supreme Court ".

[1848 c. 42.] The Indictable Offences Act 1848

In sections 12 and 14 for any reference to justices of oyer and terminer or gaol delivery in Northern Ireland, there shall be substituted a reference to the Crown Court there.

[1850 c. 60.] The Trustee Act 1850

The following amendments shall be made to the Act as it applies to Northern Ireland.

In section 2 for the definition of " Lord Chancellor " substitute the following definition—

  • The words " the High Court " shall mean Her Majesty's High Court of Justice in Northern Ireland ;.

Throughout the Act for any reference (however expressed) to the Lord Chancellor, intrusted by virtue of the Queen's sign manual with the care of the persons and estates of lunatics, substitute a reference to the High Court.

In section 41 for the words " one of the masters in ordinary of the Court of Chancery " substitute the words " the Master (Chancery) ".

In section 45 for the words " the Court of Chancery ", " the said Court of Chancery " and " the said court" substitute, in each case the words " the High Court ".

In section 48 for the words from " Bank of England " to " Accountant General " substitute the words " Supreme Court " and the words " of the Bank of England " shall be omitted.

[1851 c. 70.] The Railways Act (Ireland) 1851

In section 19 for the words from " into the Bank of Ireland " to " Court of Chancery in Ireland" substitute the words " into the Supreme Court of Judicature of Northern Ireland " and for the words " into the said Bank " substitute the words " into that Court ".

[1851 c. 90.] The Fines Act (Ireland) 1851

In section 1 for the words from " the several officers " to " the proceedings " substitute the words as follows:—

(a)for a magistrates' court, the clerk of petty sessions; and

(b)for any other court, such person as may be prescribed by the rules regulating the procedure of that court, or if no person is so prescribed, the person charged with the duty of recording the proceedings of the court..

In section 2, in paragraph 2 for the words from " within fourteen days " to " or sittings " substitute the words " immediately after the conclusion of the sitting " and for the words " thirty days " substitute the words " fourteen days ".

In section 3, in paragraph 1 for the words " within one week from the expiration of thirty days " substitute the words " immediately upon the expiration of fourteen days ".

In section 10 for the words " several assistant barristers, recorders of cities or boroughs and ", the words " assistant barrister, recorder " and the words " assistant barrister or recorder " substitute the words " judge of the Crown Court ".

[1851 c. 93.] The Petty Sessions (Ireland) Act 1851

In section 30 for the reference to justices of oyer and terminer and general gaol delivery in Northern Ireland there shall be substituted a reference to the Crown Court there.

[1852 c. 55.] The Trustee Act 1852

In sections 6 and 7 for the words " the Lord Chancellor intrusted as aforesaid ", wherever occurring, substitute the words " the High Court of Justice in Northern Ireland ".

[1857 c. 60.] The Irish Bankrupt and Insolvent Act 1857

Throughout the Act for any reference to a general order by the Court substitute a reference to rules of court made under section 55 of this Act. In section 4 for the definition of " the Court " substitute—

  • " the Court " shall mean the High Court of Justice in Northern Ireland;.

In section 59 for the words " Lord Chancellor" substitute the words " Secretary of State ".

[1857 c. 79.] The Probates and Letters of Administration Act (Ireland) 1857

For any reference in sections 55, 57 or 71 to rules or orders under the Act of 1857 substitute a reference to rules of court made under section 55 of this Act.

[1858 c. 72.] The Landed Estates Court (Ireland) Act 1858

In section 56 for the words from " into the Bank of Ireland " to " receipt of the money " substitute the words " into the Supreme Court of Judicature of Northern Ireland ( " the Supreme Court"), and " ; and the words " into the bank " shall cease to have effect.

In section 57 for the words " into the Bank of Ireland " and " into the said Bank" (wherever they occur) substitute the words " into the Supreme Court ".

In section 66 for the words " the Lord High Chancellor " and " in him " substitute respectively the words " the High Court " and " in it ".

In section 70 for the words from " transferred" to " Chancery in England " substitute the words " paid into the Supreme Court or (where the case may require) the Supreme Court of Judicature of England " ; for the words from " and the High Court" to " Rolls " substitute the words " and the High Courts of Justice'; for the words " transferred to the account of the Accountant General of" substitute the words " paid into "; and for the words from "the Act passed" to the end substitute the words " section 63 of the Trustee Act 1925 or section 63 of the Trustee Act (Northern Ireland) 1958 ".

[1860 c. 97.] The Railways Act (Ireland) 1860

In section 2 for the words " depositing in the Bank of Ireland as herein directed" substitute the words " paying into the Supreme Court of Judicature of Northern Ireland ".

In section 4 for the words " deposited as last aforesaid shall remain in the Bank " substitute the words " paid into the Supreme Court is ".

[1860 c. 112.] The Defence Act 1860

In sections 21 and 22 for the words " the Bank of Ireland" substitute the words " the Supreme Court in Northern Ireland ".

[1860 c. 152.] The Tramways (Ireland) Act 1860

In section 29, for paragraphs 1 and 2, substitute—

1Within fourteen days after the making of the Order they shall either pay into the Supreme Court a sum equal to five per centum of the estimated cost of the undertaking, or deposit in the Court, or transfer into the name of the Accountant General, Exchequer bills or other Government securities equal to that sum at the price at which such bills or securities were originally purchased by the promoters, which price shall be proved by the broker's certificate of such purchase:.

[1870 c. 110.] The Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870

In section 7 for the words from "in a court of record" to the end substitute the words " in Her Majesty's High Court of Justice in Northern Ireland ".

In section 13 for the words from the beginning to "Court for Matrimonial Causes and Matters " substitute the words " In exercising the jurisdiction referred to in section 7 the High Court " and for the words from " and to the rules " to the end substitute the words " and to rules of court ".

[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..

[1871 c. 65.] The Juries Act (Ireland) 1871

In section 18 for the words from " a fee of one shilling" to the end substitute the words " such fee as may be prescribed by rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978 ".

In section 41 for the words " in any court of assize or nisi prius " substitute the words " in the High Court or the Crown Court ".

In section 42 for the words from " any court of assize " to " suit or action" substitute the words " the High Court or the Crown Court ".

[1872 c. 58.] The Bankruptcy (Ireland) Amendment Act 1872

In section 4 for the definition of " the Court " substitute—

  • " The Court " shall mean the High Court of Justice in Northern Ireland ;.

In section 57 for the words from " directed " to the end substitute the words " directed by rules of court ".

In section 124 for the words from the beginning to " may prescribe " substitute the words " Rules of court may be made under section 55 of the Judicature (Northern Ireland) Act 1978 for the effectual execution of this Act and such rules may, in particular, prescribe ".

[1873 c. 57.] The Consolidated Fund (Permanent Charges Redemption) Act 1873

In section 3, as it applies to Northern Ireland, for the words from " paid into the Court of Chancery " to " 1872 " substitute the words " paid into the Supreme Court " and for the words " the said Court" substitute the words " the High Court ".

[1874 c. 72.] The Fines Act (Ireland) 1851, Amendment Act 1874

In section 2 for the words " assistant barrister, recorder " substitute the words " judge of the Crown Court ".

[1875 c. 17.] The Explosives Act 1875

In section 66(1), as it applies to Northern Ireland, for the words " stipendiary magistrate " substitute the words " resident magistrate ".

[1876 c. 59.] The Appellate Jurisdiction Act 1876

In section 25 for the words " As to Ireland, the superior courts of law and equity at Dublin ; " substitute the words " As to Northern Ireland, Her Majesty's High Court of Justice in Northern Ireland and Her Majesty's Court of Appeal in Northern Ireland ".

[1877 c. 18.] The Settled Estates Act 1877

In section 34 for the words " the Bank of Ireland to the account of the Accountant General ex parte the applicant" substitute the words " the Supreme Court to the account of the applicant ".

[1879 c. 50.] The Bills of Sale (Ireland) Act 1879

In section 4 for the definition of " prescribed " substitute—

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

For section 13 substitute—

13As to registrar.

The Master (Queen's Bench and Appeals) or such other officer serving in the Supreme Court as the Lord Chief Justice may designate shall be the registrar for the purposes of this Act.".

For section 19 substitute—

19Fees.

Section 116 of the Judicature (Northern Ireland) Act 1978 shall apply to fees under this Act and such fees may be fixed in the manner authorised by that section..

[1882 c. 38.] The Settled Land Act 1882

At the end of section 2 as it applies to Northern Ireland add—

(11)Any reference in the Settled Land Acts 1882 to 1890 to money, securities or proceeds of sale being paid or transferred into court shall be construed as referring to the money, securities or proceeds being paid or transferred into the Supreme Court or any other court that has jurisdiction, and any reference in those Acts to the court in a context referring to the investment or application of money, securities or proceeds of sale paid or transferred into court, shall be construed, in the case of money, securities or proceeds paid or transferred into the Supreme Court, as referring to the High Court, and, in the case of money, securities or proceeds paid into another court, as referring to that other court..

[1887 c. 33.] The Land Law (Ireland) Act 1887

In section 34 in the definition of " prescribed " for the words from " other proceedings " to the end substitute the words " other proceedings, means prescribed by rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978 or county court rules, as the case may be ; "

[1887 c. 57.] The Deeds of Arrangement Act 1887

In section 15(2) for the words " the eighty-fourth section of the Supreme Court of Judicature Act (Ireland) 1877 as regards Ireland " substitute the words " , as respects Northern Ireland, section 116 of the Judicature (Northern Ireland) Act 1978 ".

[1890 c. 24.] The Deeds of Arrangement Amendment Act 1890

In section 2(7) for the words "the eighty-fourth section of the Supreme Court of Judicature Act (Ireland) 1877 " substitute the words " section 116 of the Judicature (Northern Ireland) Act 1978 ".

[1892 c. 64.] The Witnesses (Public Inquiries) Protection Act 1892

In section 3, as it applies to Northern Ireland, for the words " quarter sessions or assizes " substitute the words " Crown Court ".

[1896 c. 8.] The Life Insurance Companies (Payment into Court) Act 1896

In section 3, as it applies to Northern Ireland, for the words from "High Court" to "into the High Court" substitute the words " Supreme Court ".

[1906 c. 54.] The Town Tenants (Ireland) Act 1906

For section 11 substitute—

11Appeals.

Any person aggrieved by any determination of the county court under this Act may appeal to the High Court as though the determination were a decree made in exercise of the jurisdiction conferred by Part III of the County Courts Act (Northern Ireland) 1959, and the appeal were brought under the County Court Appeals Act (Northern Ireland) 1964..

[1932 c. 11.] The Northern Ireland (Miscellaneous Provisions) Act 1932

In section 9(3) for the words "under the Landed Estates Court (Ireland) Act 1858 or any Act amending that Act or under the Land Purchase Acts an application is made" substitute the words " an application is made to the High Court or to a county court ".

[1933 c. 13.] The Foreign Judgments (Reciprocal Enforcement) Act 1933

In section 13(b) for the words from " respectively" to the end substitute the words " respectively, references to sections 55 and 116 of the Judicature (Northern Ireland) Act 1978 ".

[1938 c. 22.] The Trade Marks Act 1938

In section 18, in its application to proceedings in Northern Ireland relating to trade marks, in subsection (7) for the words from the beginning to " the Court" substitute the words " On an appeal under this section, the Court " and in subsection (8) after the word " prescribed" insert the words " by rules of court made for the purposes of this subsection under section 55 of the Judicature (Northern Ireland) Act 1978 ".

In section 32(1) as it applies to such proceedings as aforesaid, for the words from " may apply" to " the Registrar" substitute the words " may apply to the Court or, at the option of the applicant and subject to the provisions of section 54 of this Act, in the prescribed manner to the Registrar ".

In section 68(1) in the definition of " prescribed " after the word " means" insert the words " (subject to provisions relating to Northern Ireland) ".

[1943 c. 21.] The War Damage Act 1943

In section 33(1), as it applies to Northern Ireland, for the words from "make payment thereof" to the end substitute the words " make payment thereof into the Supreme Court or, if the amount thereof does not exceed £500, into a county court ".

[1943 c. 39.] The Pensions Appeal Tribunals Act 1943

In section 6(2), as it applies to Northern Ireland, for the words from " a judge of " to " conclusive " substitute the words " the Court of Appeal, appeal therefrom, within such time as may be limited by rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978, to the Court of Appeal whose decision shall be final ".

In section 14 for the words from " Lord Chancellor " to the end substitute the words " Lord Chancellor (except the reference in paragraph 7A of the Schedule) there shall be substituted references to the Lord Chief Justice of Northern Ireland ".

In the Schedule, as it applies to Northern Ireland, in paragraph 5(4)(c) for the words " a judge of the High Court" substitute the words " the Court of Appeal ".

[1947 c. 14.] The Exchange Control Act 1947

In Schedule 4 in paragraph 8(2) for the words from "may be made " to the end substitute the words " may be made, as respects the Supreme Court under section 55 of the Judicature (Northern Ireland) Act 1978 and, as respects county courts, under section 146 of the County Courts Act (Northern Ireland) 1959 and, as respects magistrates' courts, under section 23 of the Magistrates' Courts Act (Northern Ireland) 1964; and the reference to the court in sub-paragraph (a) shall, as regards rules to be made as respects the Supreme Court, be construed as referring to that Court, as regards rules to be made as respects county courts, be construed as referring to such county court as may be prescribed by the rules, and, as regards rules to be made as respects any other court, be construed as referring to that court. ".

[1947 c. 44.] The Crown Proceedings Act 1947

In this Act as it applies in Northern Ireland in relation to Her Majesty's Government in the United Kingdom and in relation to Her Majesty's Government in Northern Ireland—

(a)in section 20(2), for paragraph (c) substitute—

(c)the provisions of any rule of court relating to costs in actions brought in the High Court of Justice in Northern Ireland which could have been brought in an inferior court there shall not apply to any proceedings by the Crown ;and

(b)in section 38(2), in the definition of " Civil proceedings " for the words " proceedings on the Crown side of the King's Bench Division of the High Court of Justice in Northern Ireland " substitute the words " an application for judicial review pursuant to section 18 of the Judicature (Northern Ireland) Act 1978

[1949 c. 68.] The Representation of the People Act 1949

The following amendments shall be made to the Act as it applies to Northern Ireland.

In sections 66(6), 74(9), 109(8), 128(6), 145(4) and 152(6), in each case, for the words " for the time being on the rota for the trial of parliamentary election petitions " substitute the words " of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978 ".

In section 110(1) for the words from "two judges" to "their seniority " substitute the words " the two judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978 ".

In section 123(1) for the words " at assizes " substitute the words " in the High Court ".

In section 126(2) for the words " further consideration by the High Court " substitute the words " consideration by the Court of Appeal ",

and for the words " High Court " where twice subsequently occurring substitute the words " Court of Appeal ".

In section 163 in the definition of " prescribed " for the words from " rules " to the end substitute the words " rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978 ; ".

[1950 c. 27.] The Arbitration Act 1950

In section 38 as it applies to Northern Ireland for subsection (3) substitute—

(3)Subject to the provisions of this section, rules of court may be made under section 55 of the Judicature (Northern Ireland) Act 1978 with respect to the evidence which must be furnished by a party seeking to enforce an award under this Part of this Act..

[1950 c. 37.] The Maintenance Orders Act 1950

In section 13(1) for the words " in accordance with rules made by the Lord Chief Justice of Northern Ireland " substitute the words " in the prescribed manner ".

In section 25(2) for the words from the beginning to " regulating " substitute the words " Rules made under section 23 of the Magistrates' Courts Act (Northern Ireland) 1964 may regulate ".

In section 28(1) in the definition of " prescribed " for the words " by the Lord Chief Justice of Northern Ireland under this Act" substitute the words " under section 23 of the Magistrates' Courts Act (Northern Ireland) 1964 ".

[1956 c. 46.] The Administration of Justice Act 1956

In Part I of Schedule 1 after paragraph 4 insert—

Bail in Admiralty matters

4AIn any proceedings in the High Court under this Part of this Schedule, bail may be taken to answer the judgment of the High Court (or of the Court of Appeal or House of Lords on an appeal from that judgment) and the High Court may withhold the release of any property under its arrest until such bail has been given..

[1957 c. 52.] The Geneva Conventions Act 1957

In section 4(1) as substituted by section 52 of, and Schedule 5 to, the Criminal Appeal Act 1968, for the words " the Court of criminal Appeal in Northern Ireland " substitute the words " the Court of Appeal in Northern Ireland ".

[1960 c. 65.] The Administration of Justice Act 1960

In paragraph 2 of Schedule 2 for the word " accordingly" substitute the words " as references to a court of the High Court of Justice in Northern Ireland consisting of two or more judges ".

[1960 c. 66.] The Professions Supplementary to Medicine Act 1960

In paragraph 2(2) of Schedule 2 after the words " Supreme Court of Judicature (Consolidation) Act 1925 " insert the words " , of section 67 of the Judicature (Northern Ireland) Act 1978 ".

[1966 c. 36.] The Veterinary Surgeons Act 1966

In paragraph 4(2) of Schedule 2 after the words " Supreme Court of Judicature (Consolidation) Act 1925 " insert the words " , of section 67 of the Judicature (Northern Ireland) Act 1978 ".

[1966 c. 41.] The Arbitration (International Investment Disputes) Act 1966

In section 8(b) for the words " section 7 of the Northern Ireland Act 1962" substitute the words " section 55 of the Judicature (Northern Ireland) Act 1978 ".

[1968 c. 19.] The Criminal Appeal Act 1968

In the paragraph of Part I of Schedule 5 which substitutes section 4(1) and (1A) for the former section 4(1) of the [1957 c. 52.] Geneva Conventions Act 1957 for the words " the Court of Criminal Appeal in Northern Ireland " substitute the words " the Court of Appeal in Northern Ireland ".

[1968 c. 21.] The Criminal Appeal (Northern Ireland) Act 1968

In section 8 and in the succeeding provisions of the Act for the words " the Court of Criminal Appeal" wherever they occur substitute the words " the Court of Appeal ".

In section 14(1) for the words from " such court" to the end substitute the words " the Crown Court at such place as the Court of Appeal may direct or, if no such direction is given, at the place at which he was originally tried or such other place as the Crown Court may direct ".

In section 20(3) for the words " the Registrar " in the first place where they occur substitute the words " the Master (Queen's Bench and Appeals) (in this Act referred to as " the Master ")" and in the other place where they occur substitute the words " the Master ".

In section 23(4), 24(1) and (2), 25(1)(b), 25(3)(b), 27 and 48A(5) for the words " the Registrar " substitute the words " the Master ".

In section 32(2) for the words " allowed by the Court of Criminal Appeal" substitute the words " allowed by the Master (Taxing Office) ".

In section 34 for the words "a court of assize or a county court under section 57 of the Children and Young Persons Act (Northern Ireland) 1950 " substitute the words " the Crown Court under section 76 of the Children and Young Persons Act (Northern Ireland) 1968 ".

In section 36(1) at the end add the words " under Part II of this Act ".

In section 46(2)(b) for the words "the court of assize or county court" where they first occur substitute the words " the Crown Court ". In section 48 after paragraph (d) insert the following paragraph—

(e)the power to make an order under section 46(1) of this Act;

In section 49—

(a)in subsection (2) for the words " rules having effect by virtue of subsection (1) of this section " substitute the words " rules of court ";

(b)in subsection (3) for the words " No rule " substitute the words " No rule of court ".

In section 50—

(a)for the definition of " the Court of Appeal" substitute the following definitions—

  • " the Court" and " the Court of Appeal" mean Her Majesty's Court of Appeal in Northern Ireland;

  • " the Crown Court" means Her Majesty's Crown Court in Northern Ireland ;

(b)in the definition of " rules of court" for the words " section 7 of the Northern Ireland Act 1962 " substitute the words " section 55 of the Judicature (Northern Ireland) Act 1978 ".

[1969 c. 46.] The Family Law Reform Act 1969

In section 6(7) for the words " or under any corresponding enactment of the Parliament of Northern Ireland substitute the words " or under section 27 of the Judicature (Northern Ireland) Act 1978 ".

[1969 c. 58.] The Administration of Justice Act 1969

In section 16(1) for the words from " sections 3 " to " 1877 " substitute the words " section 3 of the Judicature Act 1925 there shall be substituted a reference to sections 6 and 7 of the Judicature (Northern Ireland) Act 1978 ".

In sections 20(5) and 21(4) for the words " section 7 of the Northern Ireland Act 1962" substitute the words " section 55 of the Judicature (Northern Ireland) Act 1978 ".

[1970 c. 9.] The Taxes Management Act 1970

In sections 58(2) and 59(5) for the words " section 1 of the Northern Ireland Act 1962 " substitute the words " section 42 of the Judicature (Northern Ireland) Act 1978 ".

[1970 c. 10.] The Income and Corporation Taxes Act 1970

In section 413(6) for the words from " any such moneys" to " Northern Ireland)" substitute the words " money in the Supreme Court of Judicature of Northern Ireland ".

[1970 c. 31.] The Administration of Justice Act 1970

In section 34(2) for the words "section 7 of the Northern Ireland Act 1962" substitute the words " section 55 of the Judicature (Northern Ireland) Act 1978 ".

[1971 c. 38.] The Misuse of Drugs Act 1971

In paragraph 5(2) of Schedule 3 after the words " Supreme Court of Judicature (Consolidation) Act 1925 " insert the words " , of section 67 of the Judicature (Northern Ireland) Act 1978 ".

[1971 c. 62.] The Tribunals and Inquiries Act 1971

In section 13(7)(a), (b) and (c), for the words " section 7 of the Northern Ireland Act 1962" substitute the words " section 55 of the Judicature (Northern Ireland) Act 1978 " and, in section 13(7)(a), for the words " section 24 of the Supreme Court of Judicature Act (Ireland) 1877 " substitute the words " section 35 of the Judicature (Northern Ireland) Act 1978 ".

[1973 c. 15.] The Administration of Justice Act 1973

In section 18(2)(a) for the words "to the Court of Criminal Appeal" substitute the words " from the Crown Court ".

[1975 c. 15.] The Social Security (Northern Ireland) Act 1975

In section 94(5) for the words " section 7 of the Northern Ireland Act 1962" substitute the words " section 55 of the Judicature (Northern Ireland) Act 1978 ".

[1975 c. 24.] The House of Commons Disqualification Act 1975

In section 1(3) in the definition of " civil service of the Crown" after the words " Northern Ireland " insert the words " , the Northern Ireland Court Service ".

In Part I of Schedule 1 for the words from " or Temporary County Court Judge " to " deputy of such a Judge " substitute the words " or deputy County Court Judge in Northern Ireland ". In Part III of Schedule 1 the entry relating to an officer of or attached to the Supreme Court of Northern Ireland shall cease to have effect and at the appropriate place in alphabetical order insert—

  • Statutory officer appointed under section 70 of the Judicature (Northern Ireland) Act 1978..

[1975 c. 25.] The Northern Ireland Assembly Disqualification Act 1975

In section 1(2) in the definition of " civil service of the Crown " after the words " Northern Ireland " insert the words " , the Northern Ireland Court Service ".

In Part I of Schedule 1 for the words from " or Temporary County Court Judge " to " deputy of such a Judge " substitute the words " or deputy County Court Judge in Northern Ireland ".

In Part III of Schedule 1 the entry relating to an officer of or attached to the Supreme Court of Northern Ireland shall cease to have effect and at the appropriate place in alphabetical order insert—

  • Statutory officer appointed under section 70 of the Judicature (Northern Ireland) Act 1978..

[1978 c. 5.] The Northern Ireland (Emergency Provisions) Act 1978

In sections 2(1)(a) and 3(1) for the words " of the Supreme Court" substitute the words " of the High Court or the Court of Appeal ".

For section 6 substitute—

6Court for trail of scheduled offences.

(1)A trial on indictment of a scheduled offence shall be held only at the Crown Court sitting in Belfast,

(2)A person committed for trial for a scheduled offence or two or more offences which are or include scheduled offences shall be committed to the Crown Court sitting in Belfast and section 48 of the Judicature (Northern Ireland) Act 1978 shall have effect accordingly..

In section 7(6) for the words " Court of Criminal Appeal" where they twice occur substitute the words " Court of Appeal ".

In section 33(5) for the words from " shall" to the end of the subsection substitute the words " shall, if he was committed to the Crown Court sitting elsewhere than in Belfast, be treated as having been committed to the Crown Court sitting in Belfast ".

In section 33(7) for the words "the Belfast City Commission" substitute the words " the Crown Court sitting in Belfast ".

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