Article 2 Amendment to the County Court Rules (Northern Ireland) 1981

The County Court Rules (Northern Ireland) 1981^f1 are amended as follows—

(1)

in Order 32—

(a)

after rule 6E (Discharge or variation of a special measures direction), insert—

“Application to disapply or disapply in part the primary rule

6EA.

(1)
An application to disapply or disapply in part the primary rule under Article 9(4)(ba) of the 1999 Order shall be made in writing and shall include such information as the court requires to make a determination.

(2)
An application under paragraph (1) shall be served, by the applicant, on the chief clerk and on each party to the proceedings as soon as reasonably practicable after the witness has expressed that wish.

(3)
Paragraphs (6) to (12) of Rule 6B shall apply to an application to disapply or disapply in part the primary rule as they apply to an application for a direction.”; and

(b)

in rule 6G, –

(i)

in paragraph (2), omit “Subject to paragraph (3),”; and

(ii)

omit paragraphs (3) and (4).

(2)

in Appendix 1, in Form 137A, in PART 2, after “State why it is believed that this person should accompany the witness” insert “(include the witness’ views)”.

Annotations

Footnotes

f1: S.R. 1981 No. 225; to which the most recent relevant amendments were made by S.R. 2003 No. 295, S.R. 2003 No. 485 and S.R. 2004 No. 463