Part V

Practice, Procedure and Trials

Making of rules of Court
55A
1
It is for the Rules Committee to make rules under section 55(1) or (2).
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
relevant authority
.
3
The
relevant authority
must allow or disallow rules submitted to
it
.
4
Rules submitted to the
relevant authority
have effect only if allowed by
it
.
5
If the
relevant authority
disallows rules submitted to
it
,
it
must give the Committee written reasons why
it
has disallowed them.
6
Subsection (7) applies if the
relevant authority
gives the Rules Committee written notice that
it
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
relevant authority
gives notice under subsection (6);
b
made in accordance with this section.
S. 55A inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 30; S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)
Words in s. 55A(5)(6) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 15(d) (with arts. 28-31)
Words in s. 55A substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 15(b) (with arts. 28-31)
Word in s. 55A(3)(4)(5) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 15(c) (with arts. 28-31)
S. 55A(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 15(a) (with arts. 28-31)
S. 55A transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 17 para. 6(e) (with arts. 28-31)