Judicature (Northern Ireland) Act 1978

120 Interpretation. U.K.

(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 M1 Interpretation 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 M2 Criminal Appeal (Northern Ireland) [F2 Act 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 [F3 Article 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 [F2 section 30 of the M3 Criminal 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 M4 Interpretation 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 M5 Interpretation 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.

Textual Amendments

F1 Words substituted by S.I. 1980/397 (N.I. 3), Sch. 1 Pt II

F2 Words substituted by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(1), Sch. 4 para. 18

F3 Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 para. 54

Marginal Citations

M1 1954 c. 33 (N.I.)

M2 1980 c. 47.

M3 1980 c. 47

M4 1954 c. 33 (N.I.)

M5 1889 c. 63.