Part XI Interpretation and General

120 Interpretation.

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 M1Interpretation 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 F4... under the County Courts F1(Northern Ireland) Order 1980;

  • Criminal Appeal Act” means the M2Criminal Appeal (Northern Ireland) F2Act 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” F5... 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 F3Article 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 F2section 30 of the M3Criminal 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 M4Interpretation 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 M5Interpretation 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.