The Rules of the Court of Judicature (Northern Ireland) (Amendment) 2017

Statutory Rules of Northern Ireland

2017 No. 213

Court Of Judicature, Northern Ireland

Procedure

The Rules of the Court of Judicature (Northern Ireland) (Amendment) 2017

Made

4th October 2017

Coming into operation

8th January 2018

The Northern Ireland Court of Judicature Rules Committee(1) makes the following Rules in exercise of the powers conferred by sections 55 and 55A of the Judicature (Northern Ireland) Act 1978(2).

Citation, commencement and interpretation

1.—(1) These Rules shall be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment) 2017.

(2) These Rules shall come into operation on 8th January 2018 and shall apply to proceedings lodged on or after that date.

(3) In these Rules “the principal Rules” means the Rules of the Court of Judicature (Northern Ireland) 1980(3); and an Order or rule referred to by number means the Order or rule so numbered in the principal Rules.

Amendment to the principal Rules

2.  In Order 53, rule 4(1) of the principal Rules, omit “promptly and in any event”.

Declan Morgan

Gerald McAlinden

John Gillen

W R B Stephens

Dermot Fee

Emma Hunt

27th September 2017

In exercise of the powers conferred by section 55A(3) of the Judicature (Northern Ireland) Act 1978, I allow these Rules.

Sealed with the Official Seal of the Department of Justice on 4th October 2017

Nick Perry

A senior officer of the Department of Justice

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No. 346) to remove the requirement of promptitude from the time limit for making an application for leave to apply for judicial review so that the time limit is three months from the date grounds for the application first arose.

(1)

The Northern Ireland Supreme Court Rules Committee was renamed the Northern Ireland Court of Judicature Rules Committee in accordance with section 59(3) of the Constitutional Reform Act 2005 (c.4).

(2)

1978 c.23; to which the most recent relevant amendments were made by paragraphs 29 and 30 of Schedule 5 to the Constitutional Reform Act 2005 (c.4); paragraph 6 of Schedule 17, and paragraph 15 of Schedule 18, to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976); and paragraph 2 of the Schedule to the Northern Ireland (Miscellaneous Provisions) Act 2014 (c.13).

(3)

S.R. 1980 No. 346; The Rules of the Supreme Court (Northern Ireland) 1980 were renamed in accordance with paragraph 3 of Schedule 11 to the Constitutional Reform Act 2005 (c.4). The most recent relevant amendments were made by S.R. 1989 No. 289, S.R. 1993 No. 143 and S.R. 2016 No. 299.