Search Legislation

Judicature (Northern Ireland) Act 1978

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Judicature (Northern Ireland) Act 1978. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Commencement Orders yet to be applied to the Judicature (Northern Ireland) Act 1978

 Help about changes and effects
Close

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:

120 Interpretation.E+W+S+N.I.

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

  • action” means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules of court, but does not include a criminal proceeding by or in the name of the Crown;

  • Attorney General” means the Attorney General for Northern Ireland;

  • cause” includes any action, suit or other original proceeding between a plaintiff and a defendant, and any criminal proceeding by or in the name of the Crown;

  • costs” includes fees, charges, disbursements, expenses or remuneration;

  • court of assize” has the meaning assigned to it by section 42(1) of the M1Interpretation Act (Northern Ireland) 1954;

  • Court of Criminal Appeal” means the Court of Criminal Appeal heretofore existing in Northern Ireland;

  • county court” means a county court held for a division under the County Courts [F1(Northern Ireland) Order 1980];

  • Criminal Appeal Act” means the M2Criminal Appeal (Northern Ireland) [F2Act 1980];

  • defendant” includes any person served with any writ of summons or process or served with notice of, or entitled to attend, any proceedings;

  • “division” (except when used in relation to the holding of county courts) means division of the High Court;

  • heretofore” means immediately before the date of the commencement of the provision in which it occurs;

  • judgment” includes order, decision and decree;

  • jurisdiction” includes power and authority;

  • lower deciding authority” includes any inferior court or other tribunal and any authority exercising judicial or quasi-judicial functions;

  • magistrates’ court” has the meaning assigned to it by [F3Article 2(2)(b) of the Magistrates’ Courts (Northern Ireland) Order 1981];

  • matter” includes every proceeding in court not in a cause;

  • party” includes every person served with notice of or attending any proceeding, although not named on the record;

  • plaintiff” includes every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons or otherwise;

  • pleading” includes a petition or summons, the statement in writing of the claim or demand of a party and of the defence or reply of a party to a claim or demand made against him;

  • prescribed” means prescribed by rules of court;

  • Royal Courts of Justice” means the building at Chichester Street, Belfast, in which sittings of the High Court and the Cour of Appeal have heretofore been held;

  • rules of court” means rules of court (including forms) made by the Rules Committee;

  • sentence” has the meaning assigned to it by [F2section 30 of the M3Criminal Appeal (Northern Ireland) Act 1980];

  • statutory officer” has the meaning assigned to it by section 70(1);

  • statutory provision” has the meaning assigned to it by section 1(f) of the M4Interpretation Act (Northern Ireland) 1954.

(2)Any reference in this Act to a statutory provision shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any other statutory provision including this Act.

(3)Section 38 of the M5Interpretation Act 1889 shall have the same effect in relation to any repeal by this Act of a statutory provision other than an Act of the Parliament of the United Kingdom as it has in relation to the repeal by this Act of such an Act.

(4)In this Act, except where otherwise indicated,—

(a)a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered;

(b)a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered;

(c)a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered; and

(d)a reference in a paragraph of a section, subsection or Schedule to a numbered sub-paragraph is a reference to the sub-paragraph of that paragraph so numbered.

Annotations: Help about Annotation
Close

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)

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources