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Section 55A Making of rules of CourtF1C1

United Kingdom

(1)

It is for the Rules Committee to make rules under section 55(1) or (2).

(F21A)

For the purposes of this section, “relevant authority” means—

(a)

in relation to rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and

(b)

otherwise, the Department of Justice;

and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.

(2)

After making such rules the Rule Committee must submit them to the F3relevant authority.

(3)

The relevant authority must allow or disallow rules submitted to F4it.

(4)

Rules submitted to the relevant authority have effect only if allowed by it.

(5)

If the relevant authority disallows rules submitted to it, it must give the Committee written reasons why F5it has disallowed them.

(6)

Subsection (7) applies if the relevant authority gives the Rules Committee written notice that it thinks it is expedient for rules under section 55(1) or (2) to include provision that would achieve a purpose specified in the notice.

(7)

The Rules Committee must make such rules as it considers necessary to achieve the specified purpose.

(8)

Those rules must be—

(a)

made within a reasonable period after the relevant authority gives notice under subsection (6);

(b)

made in accordance with this section.

Annotations

Textual amendments

F1

S. 55A inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 30; S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

F2

S. 55A(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 15(a) (with arts. 28-31)

F3

Words in s. 55A substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 15(b) (with arts. 28-31)

F4

Word in s. 55A(3)(4)(5) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 15(c) (with arts. 28-31)

F5

Words in s. 55A(5)(6) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 15(d) (with arts. 28-31)

Modifications

C1

S. 55A transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 17 para. 6(e) (with arts. 28-31)