Search Legislation

Northern Ireland (Miscellaneous Provisions) Act 2014

Status:

This is the original version (as it was originally enacted).

Section 21

SCHEDULERules of court

High Court and Court of Appeal

1In section 56 of the Judicature (Northern Ireland) Act 1978 (control and publication of rules), for subsection (1) substitute—

(1)Rules made by the Rules Committee—

(a)in the case of rules that are required under section 55A to be submitted to the Lord Chancellor, are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 applies accordingly; and

(b)in the case of rules that are required under section 55A to be submitted to the Department of Justice, are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Crown Court

2In section 53 of the Judicature (Northern Ireland) Act 1978 (Crown Court Rules Committee), after subsection (3) insert—

(4)In the application of section 56(1) by virtue of subsection (3), references to section 55A include references to section 53A.

County courts

3In the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)), after Article 47 (making of county court rules) insert—

Control of county court rules

47A(1)County court rules that are required under Article 47 to be submitted to the Lord Chancellor are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 applies accordingly.

(2)County court rules that are required under Article 47 to be submitted to the Department of Justice are subject to negative resolution.

Magistrates’ courts

4(1)In Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (magistrates’ court rules), for paragraph (3A) substitute—

(3A)After making magistrates’ courts rules the Rules Committee must submit them to the relevant authority.

(3AA)The relevant authority must, after consultation with the Lord Chief Justice, allow or disallow rules submitted to it.

(3AB)Magistrates’ courts rules have effect only if the relevant authority allows them.

(3AC)If the relevant authority disallows rules submitted to it, it must give the Rules Committee written reasons why it has disallowed them.

(2)After Article 13 of that Order insert—

Control of magistrates’ courts rules

13A(1)Magistrates’ courts rules that are required under Article 13 to be submitted to the Lord Chancellor are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 applies accordingly.

(2)Magistrates’ courts rules that are required under Article 13 to be submitted to the Department of Justice are subject to negative resolution.

Inquests

5(1)In section 36 of the Coroners Act (Northern Ireland) 1959 (c. 15) (rules and fees), for subsections (1C) and (1D) substitute—

(1C)After making rules under subsection (1)(b) the Lord Chief Justice must submit them to the relevant authority.

(1CA)The relevant authority must allow or disallow rules submitted to it.

(1CB)Rules made under subsection (1)(b) have effect only if the relevant authority allows them.

(1D)If the relevant authority disallows rules submitted to it, it must give the Lord Chief Justice written reasons why it has disallowed them.

(2)After section 36 of that Act insert—

36AControl of rules

(1)The following rules are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument—

(a)rules made by the Lord Chancellor under section 36(1)(a);

(b)rules made under subsection (1)(b) of section 36 that are required under that section to be submitted to the Lord Chancellor;

and section 5 of the Statutory Instruments Act 1946 applies accordingly.

(2)The following rules are subject to negative resolution—

(a)rules made by the Department of Justice under section 36(1)(a);

(b)rules made under subsection (1)(b) of section 36 that are required under that section to be submitted to that Department.

Application of amendments made by Schedule

6The amendments made by this Schedule have effect in relation to rules made on or after the day on which this Schedule comes into force.

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

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

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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 enacted version 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