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Judicature (Northern Ireland) Act 1978

Status:

This is the original version (as it was originally enacted).

Section 122(1).

SCHEDULE 6Transitional Provisions

PART IGeneral

1(1)Proceedings instituted or being carried on heretofore in a court mentioned in the first column of the Table below or in or before any division, judge, office or officer of any such court may hereafter be continued and determined before the court specified opposite such court in the second column of that Table or in or before the appropriate division, judge, office or officer of that court; and any order, writ, summons, warrant, recognizance, notice, grant of legal aid, process, proceeding or document relating to or affecting such proceedings shall have effect accordingly.

(2)Nothing in sub-paragraph (1) affects the power of any court mentioned in the second column of the Table below to make any order in the proceedings which it is otherwise authorised to make.

TABLE

First columnSecond column
1. The Supreme Court of Judicature of Northern Ireland.The Supreme Court.
2. Her Majesty's Court of Appeal in Northern Ireland.The Court of Appeal.
3. The Court of Criminal Appeal in Northern Ireland.The Court of Appeal.
4. Her Majesty's High Court of Justice in Northern Ireland sitting otherwise than as a court of assize.The High Court.

2Any order or appointment made, direction or authority given or thing done which—

(a)was heretofore in force with respect to any property under the control or management of the Lord Chief Justice or the High Court or any division, judge, office or officer thereof; and

(b)could have been made, given or done under any provision of this Act if that provision had been in force at the material time;

shall continue to have effect as if made, given or done under that provision.

3Every rule of court made or deemed to have been made under section 7 of the [1962 c. 32.] Northern Ireland Act 1962 and not revoked before the commencement of section 55 shall have effect as if made under that section and may be varied or revoked accordingly.

4General orders made by the Lord Chief Justice under section 118 of the [1871 c. 22.] Lunacy Regulation (Ireland) Act 1871 which were in force immediately before the commencement of section 28 shall be deemed to be rules of court and shall continue in force until amended or revoked by such rules.

5All forms and methods of civil and criminal procedure and practice which were heretofore in force in the High Court of Justice in Northern Ireland, the Court of Appeal in Northern Ireland or the Court of Criminal Appeal, and which are not inconsistent with this Act or with the rules of court, may continue to be used in the High Court and the Court of Appeal in the cases and for the purposes in and for which they were used heretofore but with such modifications as may appear necessary in consequence of this Act.

6Until the coming into force of section 69(1)—

(a)the Lord Chancellor, with the concurrence of the Minister for the Civil Service as to numbers and terms and conditions of service, may, subject to section 70, appoint such officers and other staff for the Supreme Court, county courts, magistrates' courts, the Enforcement of Judgments Office and coroners' courts as appear to him to be necessary and such officers and staff shall discharge their functions in accordance with directions given by the Lord Chancellor;

(b)any person heretofore holding office or serving in or in connection with—

(i)a court mentioned in the first column of the Table mentioned in paragraph 1 shall except as provided by Part VI of this Act or Part III of this Schedule, continue in corresponding office or service in or in connection with the court specified opposite that court in the second column of that Table as if he had been appointed under sub-paragraph (a) upon the terms and conditions on which he heretofore held office or served ;

(ii)county courts, magistrates' courts, the Enforcement of Judgments Office or coroners' courts shall continue to do so as if he had been appointed under sub-paragraph (a) upon the terms and conditions on which he heretofore held office ;

(iii)county courts shall be deemed to be an officer of the Crown Court.

7In so far as any instrument made or other thing done under a statutory provision repealed by this Act could have been made or done under a corresponding provision of this Act then it shall on the commencement of the relevant provision of this Act have effect as if done under that provision.

8Until the issue of commissions of the peace by virtue of section 103 any person authorised to act as a justice of the peace in any county or county borough which includes the whole or any part of a county court division shall be deemed to be a justice of the peace duly appointed to a commission issued for that division under that section.

9Until an order under section 68(3) comes into force in relation to any place in which heretofore there was established a district probate registry, that registry shall continue in existence and—

(a)shall be deemed to be a branch office of the Probate and Matrimonial Office ;

(b)may transact such of the business of that Office as may be specified in directions given by the Lord Chancellor; and

(c)may be placed under the supervision of a circuit registrar.

10This Part and Parts II and III of this Schedule apply subject to the express provisions of this Act.

PART IIThe Crown Court

11(1)For the purpose of enabling indictable proceedings instituted before the commencement of Part IV of this Act to be continued thereafter, and for preserving in other respects the continuity of the administration of justice, the Crown Court shall be treated as succeeding to, and being the same court as, all courts of assize and county courts when exercising jurisdiction in or in relation to such proceedings.

(2)Any order, writ, summons, warrant, recognizance, notice, grant of legal aid or other proceeding or document shall have effect in accordance with sub-paragraph (1) and shall be construed, unless the context otherwise requires, in accordance with the Table in paragraph 2 of Part I of Schedule 5.

(3)In any proceedings in which a magistrates' court has committed a person for trial at, or otherwise given a direction as respects the hearing of proceedings by, a specified court of assize or county court, the place and time of trial of the proceedings in the Crown Court shall be determined in accordance with directions given by or on behalf of the Lord Chancellor, after consultation with the Lord Chief Justice.

12Any indictable proceeding the hearing of which has begun but is not completed before the commencement of Part IV of this Act before a court of assize or county court shall be continued and disposed of as if this Act had not been passed.

13Nothing in this Act shall affect any order made before the commencement of Part IV of this Act for the payment of costs under the [1968 c. 10 (N.I.).] Costs in Criminal Cases Act (Northern Ireland) 1968, and any such costs shall be taxable and recoverable as if this Act had not been passed.

14The clerk of the Crown and peace of each county court shall make arrangements, in accordance with directions given by or on behalf of the Lord Chancellor for the disposal in accordance with those directions of all records in his custody or control which relate to the exercise by the county court of its jurisdiction to try indictable offences.

15(1)Subject to any provision made by rules of court, and to sub-paragraph (2) below—

(a)any civil proceedings (including civil bill appeals) which had been begun in a court of assize before the commencement of Part IV of this Act may be continued thereafter in the High Court as if they had been begun in the High Court, and

(b)any act, judgment or order in civil proceedings in a court of assize shall be treated as having been done, given or made in accordance with the rules applicable to proceedings in the High Court, other than in a court of assize.

(2)Any civil proceedings in a court of assize the hearing of which has begun but is not completed before the commencement of Part IV of this Act shall be continued and disposed of as if this Act had not passed.

16(1)The Lord Chief Justice may, if it appears to him expedient, give directions as to the conduct of any civil proceedings begun in a court of assize or any indictable proceedings instituted before the commencement of Part IV of this Act if in his opinion the direction is required to meet any difficulty arising from the commencement of that Part.

(2)The preceding provisions of this Part shall have effect subject to any direction under this paragraph.

(3)A direction under this paragraph may relate either to a specified proceeding, or to proceedings of a specified class or description.

PART IIIStatutory Officers

17On the coming into operation of section 70(1) the Lord Chancellor shall, in accordance with that subsection, appoint as statutory officers the persons heretofore holding the offices listed in column 4 of Schedule 3 and shall not, in relation to any such person, have power to make any such direction as is referred to in section 71(4).

18Notwithstanding the provisions of section 70(2), a person who heretofore held any office in the Supreme Court shall be qualified for appointment to any office listed in column 1 of Schedule 3.

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