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The Magistrates' Courts (Northern Ireland) Order 1981
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- Northern Ireland Orders in Council
- 1981 No. 1675 (N.I. 26)
- PART XIII
- Service of summons and...
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Changes over time for: Cross Heading: Service of summons and execution of warrants
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The Magistrates' Courts (Northern Ireland) Order 1981, Cross Heading: Service of summons and execution of warrants is up to date with all changes known to be in force on or before 10 October 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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Changes and effects yet to be applied to Part XIII Crossheading Service-of-summons-and-execution-of-warrants:
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) arts.3(4) 25
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.3(5) Sch.1
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.5(2)
- Instrument mod (prosp) by 1994 c. 33 s. 91(3)
- Instrument revoked by 1998 c. 41 s.74(1)(3) Sch.12 para.5 Sch.14 Pt.I
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Order applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
- Order power to modify conferred by 2015 c. 9 (N.I.) s. 24(5)(a) (see s 24(6))
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch.6 Pt.I paras.18 19 revoked by 1995 c. 21 s. 314(1) Sch.12 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch.6 Pt.I para.5 revoked by S.I. 1995/756 art.15 Sch.
- Sch. 6 Pt. 3 para. 170 repealed by S.I. 2007/916 (N.I.) Sch. 8 Pt. 1 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 128-130 repealed by 2011 c. 15 (N.I.) Sch. 3 Pt. 2 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 125 repealed by 2011 c. 16 (N.I.) Sch. 5 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 144 repealed by 2006 c. 48 Sch. 15 Pt. 4 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 21 repealed by 2013 c. 22 Sch. 11 para. 210 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 25 repealed by 2013 c. 22 Sch. 11 para. 210 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- art. 29A excluded by 1975 c. 59, s. 4(3) (as substituted) by 2015 c. 9 (N.I.) s. 7(6)
- art. 29A inserted by 2015 c. 9 (N.I.) s. 7(2)
- art. 34(1A)-(1E) inserted by 2015 c. 9 (N.I.) s. 8(2)
- art. 140(2ZA) inserted by 2016 c. 18 (N.I.) Sch. 10 para. 16
Service of summons and execution of warrantsN.I.
Summons or process lawfully issued may be served anywhere in Northern IrelandN.I.
157. Any summons, notice or other process lawfully issued in connection with any proceedings before a magistrates' court may be served in any part of Northern Ireland upon the person to whom it is addressed.
Execution of warrantsN.I.
158.—(1) A warrant issued in connection with proceedings before a magistrates' court by a resident magistrate or[F1 lay magistrate] shall remain in force until it is executed or until it is withdrawn by the person who issued it, or if he is unable to act, by any resident magistrate.
(2) Notwithstanding any other enactment, any warrant for arrest or search or of commitment or distress lawfully issued in connection with proceedings before a magistrates' court may be executed in any part of Northern Ireland and it may be executed either by any person to whom the warrant was originally directed or by any constable.
(3) Where the person against whom any such warrant or his property, as the case may be, is to be found in Northern Ireland, the provisions of the Petty Sessions (Ireland) Act 1851F2 relating to the certifying and endorsing of warrants shall not apply.
(4) Any warrant for the arrest of any person or any warrant of commitment lawfully issued in connection with proceedings before a magistrates' court may be executed by any constable at any time notwithstanding that the warrant is not in his possession at that time, but the warrant shall, on demand of the person arrested or committed, be shown to him as soon as practicable.
(5) The issue or execution of any warrant for arrest or search or of commitment in connection with proceedings before a magistrates' court shall be as effectual on Sunday as on any other day.
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