Part XI

Interpretation and General

Interpretation.
120
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 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 ... under the County Courts (Northern Ireland) Order 1980;
- “Criminal Appeal Act” means the Criminal Appeal (Northern Ireland) 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” ... 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 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 section 30 of the 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 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 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.
1954 c. 33 (N.I.)
Words substituted by S.I. 1980/397 (N.I. 3), Sch. 1 Pt II
1980 c. 47.
Words substituted by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(1), Sch. 4 para. 18
Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 para. 54
1980 c. 47
1954 c. 33 (N.I.)
1889 c. 63.
Words in s. 120(1) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 74(2)(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
Words in s. 120(1) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 74(2)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)