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Judicature (Northern Ireland) Act 1978, Section 116 is up to date with all changes known to be in force on or before 20 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Lord Chancellor, after consultation with the Lord Chief Justice and with the concurrence of the Treasury may by order fix the fees to be taken in any court in Northern Ireland or in any office or by any officer connected with any such court [F1(including the Accountant General and the office maintained under section 77(2))] or by the Enforcement of Judgments Office and may from time to time increase, reduce or abolish any such fees or fix new fees to be so taken.
[F2(1A)Without prejudice to the generality of subsection (1), an order under that subsection may make provision for exemptions from fees and remission of fees (in whole or in part).]
(2)The Lord Chancellor, after consultation with the Lord Chief Justice and with the concurrence of the Treasury, may by order fix the fees to be taken by commissioners for oaths or notaries public and may from time to time increase, reduce or abolish any such fees or fix new fees to be so taken.
(3)Any functions heretofore exercisable by any other authority or person in relation to the fixing of the fees mentioned in subsections (1) and (2) shall cease to be exercisable.
(4)An order under subsection (1) or (2) may provide for the manner in which any fees fixed thereby are to be taken, applied and accounted for but, subject to any provision so made, the fees mentioned in those subsections shall continue to be taken, applied and accounted for as heretofore.
[F3(5)Nothing in this section affects section 39 of the Administration of Justice Act 1982 (which includes provision relating to the costs of administering funds in court).]
Textual Amendments
F1Words in s. 116(1) inserted (N.I.) (13.5.2016) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 59(1), 61(1)
F2S. 116(1A) inserted (1.5.2004) by Courts Act 2003 (c. 39), ss. 106, 110(1); S.I. 2004/1104, art. 3(g)
F3S. 116(5) inserted (N.I.) (13.5.2016) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 59(2), 61(1)
Modifications etc. (not altering text)
C1S. 116(1)(2) transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(4)(b) (with arts. 15(6), arts. 28-31)
C2S. 116(1)(2) transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 17 para. 6(h) (with arts. 28-31)
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