Part V

Miscellaneous and supplemental

Supplemental

Procedure for order of district judge under section ... 32A: Northern Ireland
77B
1
The Lord Chancellor may by order make further provision about the procedure and practice to be followed in relation to an application to a district judge (magistrates' courts) in Northern Ireland for an order under section
... 32A.
2
Such an order may, in particular, provide—
a
for the manner in which, and time within which, an application may be made,
b
that the district judge (magistrates' courts) is to determine an application—
i
in chambers,
ii
in the absence of the person to whom the authorisation or notice which is the subject of the application relates,
c
that any hearing is to be held in private,
d
that notice of an order given is not to be given to—
i
the person to whom the authorisation or notice which is the subject of the order relates, or
ii
such a person's legal representatives.
3
An order of the Lord Chancellor under this section may not make provision which, if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Northern Ireland Assembly and would deal with a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998).
4
The power of the Magistrates' Courts Rules Committee under Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981 (
S.I.
1981/1675 (N.I. 26)) to regulate and prescribe the procedure and practice to be followed in relation to an application to a district judge (magistrates' courts) in Northern Ireland for an order under section
... 32A is subject to, but is not otherwise constrained by,
section 32B
and any order made under this section.
Ss. 77A, 77B inserted (1.11.2012 for specified purposes) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 15 (with s. 97); S.I. 2012/2075, art. 4(e)
Words in s. 77B(1) omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(3)(b)
Words in s. 77B(4) omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(3)(c)(i)
Words in s. 77B(4) substituted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(3)(c)(ii)
Words in s. 77B heading omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(3)(a)