Section 21
SCHEDULERules of court
High Court and Court of Appeal
1In section 56 of the Judicature (Northern Ireland) Act 1978 (control and publication of rules), for subsection (1) substitute—
“(1)Rules made by the Rules Committee—
(a)in the case of rules that are required under section 55A to be submitted to the Lord Chancellor, are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 applies accordingly; and
(b)in the case of rules that are required under section 55A to be submitted to the Department of Justice, are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.”
Crown Court
2In section 53 of the Judicature (Northern Ireland) Act 1978 (Crown Court Rules Committee), after subsection (3) insert—
“(4)In the application of section 56(1) by virtue of subsection (3), references to section 55A include references to section 53A.”
County courts
3In the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)), after Article 47 (making of county court rules) insert—
“Control of county court rules
47A(1)County court rules that are required under Article 47 to be submitted to the Lord Chancellor are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 applies accordingly.
(2)County court rules that are required under Article 47 to be submitted to the Department of Justice are subject to negative resolution.”
Magistrates’ courts
4(1)In Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (magistrates’ court rules), for paragraph (3A) substitute—
“(3A)After making magistrates’ courts rules the Rules Committee must submit them to the relevant authority.
(3AA)The relevant authority must, after consultation with the Lord Chief Justice, allow or disallow rules submitted to it.
(3AB)Magistrates’ courts rules have effect only if the relevant authority allows them.
(3AC)If the relevant authority disallows rules submitted to it, it must give the Rules Committee written reasons why it has disallowed them.”
(2)After Article 13 of that Order insert—
“Control of magistrates’ courts rules
13A(1)Magistrates’ courts rules that are required under Article 13 to be submitted to the Lord Chancellor are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 applies accordingly.
(2)Magistrates’ courts rules that are required under Article 13 to be submitted to the Department of Justice are subject to negative resolution.”
Inquests
5(1)In section 36 of the Coroners Act (Northern Ireland) 1959 (c. 15) (rules and fees), for subsections (1C) and (1D) substitute—
“(1C)After making rules under subsection (1)(b) the Lord Chief Justice must submit them to the relevant authority.
(1CA)The relevant authority must allow or disallow rules submitted to it.
(1CB)Rules made under subsection (1)(b) have effect only if the relevant authority allows them.
(1D)If the relevant authority disallows rules submitted to it, it must give the Lord Chief Justice written reasons why it has disallowed them.”
(2)After section 36 of that Act insert—
“36AControl of rules
(1)The following rules are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument—
(a)rules made by the Lord Chancellor under section 36(1)(a);
(b)rules made under subsection (1)(b) of section 36 that are required under that section to be submitted to the Lord Chancellor;
and section 5 of the Statutory Instruments Act 1946 applies accordingly.
(2)The following rules are subject to negative resolution—
(a)rules made by the Department of Justice under section 36(1)(a);
(b)rules made under subsection (1)(b) of section 36 that are required under that section to be submitted to that Department.”
Application of amendments made by Schedule
6The amendments made by this Schedule have effect in relation to rules made on or after the day on which this Schedule comes into force.