Part V Practice, Procedure and Trials

F1 55A Making of rules of Court

(1)

It is for the Rules Committee to make rules under section 55(1) or (2).

F2(1A)

For the purposes of this section, “relevant authority” means—

(a)

in relation to rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and

(b)

otherwise, the Department of Justice;

and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.

(2)

After making such rules the Rule Committee must submit them to the F3relevant authority.

(3)

The F3relevant authority must allow or disallow rules submitted to F4it.

(4)

Rules submitted to the F3relevant authority have effect only if allowed by F4it.

(5)

If the F3relevant authority disallows rules submitted to F4it, F4it must give the Committee written reasons why F5it has disallowed them.

(6)

Subsection (7) applies if the F3relevant authority gives the Rules Committee written notice that F5it thinks it is expedient for rules under section 55(1) or (2) to include provision that would achieve a purpose specified in the notice.

(7)

The Rules Committee must make such rules as it considers necessary to achieve the specified purpose.

(8)

Those rules must be—

(a)

made within a reasonable period after the F3relevant authority gives notice under subsection (6);

(b)

made in accordance with this section.