N.I.Operation of enactments

21Rules regulating procedure of courts and tribunals.N.I.

(1)Where an enactment confers any jurisdiction on a court or other tribunal or extends or varies the jurisdiction of a court or tribunal, the authority having for the time being power to make rules or orders regulating the practice and procedure of that court or tribunal may make such rules or orders (including rules or orders regulating costs, F1..., witnesses and other expenses) as appear to the authority to be necessary for regulating the practice and procedure of such court or tribunal in the exercise of the jurisdiction so conferred, extended or varied, and it shall not be necessary for any other enactment to confer power on the authority to make any rules or orders for those purposes.

(2)A county court [F2rule or magistrates' courts rule which]

(a)directs money to be paid out of or in aid of public funds; or

Para. (b) rep. by 1978 c. 23

shall not be made without the concurrence of the [F3Department of Finance and Personnel], but the validity of any county court [F2 rule or magistrates' courts rule shall] not in any proceedings in any court be impugned either by the court or by any party to the proceedings on the ground only that any such concurrence as aforesaid had not been given or is not expressed to have been given.

(3)All such rules or orders heretofore made under any enactment shall be deemed to have been made under this section and may be varied or revoked accordingly.

[F4(4)In any enactment—

  • “rules of court” shall mean rules of court made, or having effect as if made, under section 55 of the Judicature (Northern Ireland) Act 1978 [1978 c.23] ;

  • “Crown Court rules” shall mean rules made under section 52 of the Judicature (Northern Ireland) Act 1978.]

(5)In any enactment—

  • “county court rules” shall mean county court rules made, or having effect as if made, by the authority having for the time being power to make rules regulating the practice and procedure in county courts;

  • [F2“magistrates' courts rules” shall mean rules made under Part IV of the Magistrates' Courts (Northern Ireland) Order 1981 and shall include any rule or order which under paragraph 5 or 7 of Schedule 5 of that Order has effect as if it was a rule so made].

(6)References in this section to rules or orders shall include—

(a)in relation to the [F5Court of Judicature], the High Court or the Court of Appeal F1..., references to rules of court;

[F6(aa) in relation to the Crown Court, references to Crown Court rules;]

(b)in relation to the county court F1..., references to county court rules; and

[F2(c)in relation to magistrates' courts references to magistrates' courts rules.]

Subs. (7) rep. by 1964 c. 21 (NI)

Modifications etc. (not altering text)