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The County Court (Miscellaneous Amendments) Rules (Northern Ireland) 2016

S.R. 2016/300 · Made 6 July 2016

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

County Courts

Procedure

Made 6th July 2016

Coming into operation in accordance with Rule 1

The County Court Rules Committee makes the following rules in exercise of the powers conferred by Article 47 of the County Courts (Northern Ireland) Order 1980f1.

Annotations to the whole text

Footnotes

f1

S.I. 1980/397 (N.I. 3), to which the most recent relevant amendments were made by the Constitutional Reform Act 2005 (c.4); and paragraph 33 of Schedule 17 to, and paragraph 118 of Schedule 18 to, the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976)

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Water Supplies and Sewerage (Northern Ireland) County Court Rules 1955
  3. 3Amendment to the County Court (Summoning of Witnesses in Criminal Proceedings and Appeals) Rules (Northern Ireland) 1966
  4. 4Amendment to the County Court (Affidavit of Service) Rules (Northern Ireland) 1972
  5. Signature
  6. Explanatory note

1Citation and commencement

These Rules may be cited as the County Court (Miscellaneous Amendments) Rules (Northern Ireland) 2016 and shall come into operation on the same day as section 1 of the Justice Act (Northern Ireland) 2015f1.

2Amendment to the Water Supplies and Sewerage (Northern Ireland) County Court Rules 1955

The Water Supplies and Sewerage (Northern Ireland) County Court Rules 1955f1 are amended as follows—

(1)

Omit rule 6.

(2)

In the First Schedule—

(a)

in Forms 1 to 6a, in the heading, omit “for the County of …” and “Division of …”; and

(b)

in Forms 1, 3, 5 and 5a, after “County Court Judge”, omit for “for the County of …”.

3Amendment to the County Court (Summoning of Witnesses in Criminal Proceedings and Appeals) Rules (Northern Ireland) 1966

The County Court (Summoning of Witnesses in Criminal Proceedings and Appeals) Rules (Northern Ireland) 1966f1 are amended as follows—

(1)

In rule 8, in paragraph (b), for “county”, substitute “administrative”.

(2)

In the Schedule, in Forms 1 to 3, in the heading, omit “Division of”.

4Amendment to the County Court (Affidavit of Service) Rules (Northern Ireland) 1972

In the Schedule to the County Court (Affidavit of Service) Rules (Northern Ireland) 1972f1 omit “for the County [Borough]”.

Signature

David K McFarland

Ruth Collins

Sharon Hughes

Patrick Mallarkey

Dated 6th July 2016

In the exercise of the powers conferred by Article 47(4) of the County Courts (Northern Ireland) Order 1980, I allow these Rules.

Sealed with the Official Seal of the Department of Justice on 19th July 2016

L.S.

Claire Sugden

Minister of Justice

Explanatory note

(This note is not part of the Rules)

These Rules amend—

  • the Water Supplies and Sewerage (Northern Ireland) County Court Rules 1955 (S.R.& O. 1955 No. 56);

  • the County Court (Summoning of Witnesses in Criminal Proceedings and Appeals) Rules (Northern Ireland) 1966 (S.R.& O. 1966 No. 257); and

  • the County Court (Affidavit of Service) Rules (Northern Ireland) 1972 (S.R. 1972 No. 280)

to take account of Part 1 of the Justice Act (Northern Ireland) 2015 which creates a single jurisdiction for county courts and magistrates’ courts whereby the jurisdiction and powers of those courts are exercisable throughout the whole of Northern Ireland.