OpenLegislation

Rule 6A Power to extend time to give notice of appeal from a decision of a magistrates’ court

Northern Ireland

(1)

An application for an extension of time under Article 144(2A) of the Magistrates’ Courts (Northern Ireland) 1981f1 shall be made in writing, specifying the grounds of the application.

(2)

The application under paragraph (1) shall be served on the chief clerk F1... and at the same time a copy thereof shall be served by the applicant on every proposed respondent to the intended appeal.

(3)

A party who receives a copy of an application under paragraph (1) and who wishes to oppose the application shall within 14 days notify the applicant and the chief clerk in writing, of his opposition, giving the reasons therefor.

(4)

An application under paragraph (1) shall be determined by a judge who may direct a hearing and the chief clerk shall notify the parties of the time and place of any such hearing.

(5)

The chief clerk shall give notice of the decision of the judge to—

(a)

the applicant;

(b)

the clerk of petty sessions F2...; and

(c)

the other parties to the application.]

Annotations

Textual amendments

F1

Words in Order 32 rule 6A(2) omitted (31.10.2016) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(11)(c)(i); S.R. 2016/387, art. 2

F2

Words in Order 32 rule 6A(5) omitted (31.10.2016) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(11)(c)(ii); S.R. 2016/387, art. 2

Footnotes

f1

S.I. 1981/1675 (N.I. 26)

Notes on Chapter [ PART IIA

Footnotes

f1

Part IIA inserted by S.R. 1994 No. 472 with effect from 01.01.95