OpenLegislation

Section 42 Definitions for judicial purposes.

Northern Ireland

(1)

In an enactment the expression—

  • “F1Court of Judicature” shall mean the Court of Judicature of Northern Ireland;

  • “Court of Appeal” or “High Court of Appeal” shall mean Her Majesty's Court of Appeal in Northern Ireland;

  • “High Court” shall mean Her Majesty's High Court of Justice in Northern Ireland;

  • “Court of Criminal Appeal” shall mean the Court of Criminal Appeal in Northern Ireland F2...;

  • “court of assize” shall mean a court of assize, a court of oyer and terminer and a court of gaol delivery or any of them and shall include a court held in and for the county of the City of Belfast by virtue of a commission of oyer and terminer or general gaol delivery;

  • F3“Lands Tribunal” shall mean the Lands Tribunal for Northern Ireland;

  • F4“Crown Court” shall mean Her Majesty's Crown Court in Northern Ireland;

  • “county court” shall mean a county court held F5... under the County Courts F6(Northern Ireland) Order 1980M1;

  • F7...

  • F8“court of summary jurisdiction” or “magistrates' court” shall have the meaning assigned to it by Article 2(2) of the Magistrates' Courts (Northern Ireland) Order 1981.

F9(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In an enactment the expression—

  • “Lord Chief Justice” shall mean the Lord Chief Justice of Northern Ireland;

  • “Chancery Judge” shall mean the Judge of the High Court to whom the business and matters arising in the chancery jurisdiction of that court are for the time being assigned;

  • “county court judge” shall include ... a recorder ...; and

  • “Probate Judge” shall mean the Judge of the High Court to whom probate business and matters are for the time being assigned.

(4)

In an enactment the expression—

  • “appeal summarily” shall mean appeal, in accordance with magistrates' courts rules, to a court of summary jurisdiction;

  • Definition rep. by 1975 NI 7; 1978 c. 23

  • “committed for trial” shall mean committed by a court, judge, resident magistrate, F10... F11... or other authority having power to commit a person in custody with a view to his trial, and shall include committed on bail upon a recognizance to appear and stand trial before a judge and jury;

  • F12“standard scale” means the standard scale provided by Article 5 of the Fines and Penalties (Northern Ireland) Order 1984;

  • “statutory maximum” means the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984.

  • “Summary Jurisdiction Acts” shall mean the statutory provisions for the time being in force in Northern Ireland in relation to summary jurisdiction;

  • “summary conviction” shall mean conviction subject to and in accordance with the Summary Jurisdiction Acts.

F13(5)

In an enactment the expression “industrial tribunal” means a tribunal established under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996.

Annotations

Textual amendments

F1

Words in s. 42(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

F2

1968 c. 21

F3

1971 c. 23 (NI)

F4

1978 c. 23

F5

Words in s. 42(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 48(2), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F6

1980 NI 3

F7

1978 c. 23

F8

1981 NI 26

F9

S. 42(2) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 48(3), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F10

SLR 1973

F11

2002 c.26

F12

1994 NI 15

F13

1996 NI 18

Marginal citations

M1

1980 NI 3