OpenLegislation

The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2019

S.R. 2019/238 · Made 16 December 2019

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.

Magistrates’ Courts

Made 16th December 2019

Coming into operation in accordance with rule 1

The Magistrates’ Courts Rules Committee makes and the Department of Justice, after consultation with the Lord Chief Justice, allows the following Rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981f1, Article 165 of the Children (Northern Ireland) Order 1995f2 and section 48 of the Civil Jurisdiction and Judgments Act 1982f3.

Annotations to the whole text

Footnotes

f1

S.I. 1981/1675 (N.I. 26); Article 13 was amended by paragraph 65 of Schedule 5 to the Constitutional Reform Act 2005 (c.4); paragraph 133 of Schedule 18 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) and paragraph 4 of the Schedule to the Northern Ireland (Miscellaneous Provisions) Act 2014 (c.13).

f2

S.I. 1995/755 (N.I. 2).

f3

1982 c.27. Section 48 was amended by section 3 of, and paragraph 23 of Schedule 2 to, the Civil Jurisdiction and Judgments Act 1991 (c.12) and Article 4 and paragraph 17 of Schedule 2 to the Civil Jurisdiction and Judgments Order 2001 (S.I. 2001/3929) and regulation 5 of the Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215). Regulation 7 of the 2011 Regulations applies section 48 to authentic instruments and court settlements.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and interpretation
  3. Part 2: Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  4. 2Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  5. 3Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  6. 4Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  7. 5Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  8. 6Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  9. 7Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  10. 8Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  11. 9Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  12. 10Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  13. 11Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  14. 12Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  15. 13Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  16. 14Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  17. 15Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  18. 16Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  19. 17Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986
  20. Part 3: Amendments to the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996
  21. 18Rule 18
  22. 19Rule 19
  23. 20Rule 20
  24. 21Rule 21
  25. 22Rule 22
  26. 23Rule 23
  27. 24Rule 24
  28. 25Rule 25
  29. 26Rule 26
  30. 27Rule 27
  31. 28Rule 28
  32. 29Rule 29
  33. 30Rule 30
  34. 31Rule 31
  35. 32Rule 32
  36. 33Rule 33
  37. 34Rule 34
  38. 35Rule 35
  39. 36Rule 36
  40. 37Rule 37
  41. 38Rule 38
  42. Part 4: Saving and transitional provisions
  43. 39Rule 39
  44. Signature
  45. Explanatory note

1Citation, commencement and interpretation

(1)

These Rules may be cited as the Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2019 and shall come into operation on exit day 2019.

(2)

In these Rules, a reference to a rule—

(a)

in Part 2 of the Rules is a reference to the rule so numbered in the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986f1; and

(b)

in Part 3 of these Rules is a reference to the rule so numbered in the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996f2.

2Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

The Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986 are amended as follows.

3Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rule 2—

(a)

omit the words from “the 1968 Convention to “1982 Act” in both places where they occur;

(b)

omit the definition of “the 1988 Convention”;

(c)

in the definition of “references to a maintenance order”, omit head (i);

(d)

omit the definition of the Maintenance Regulation;

(e)

omit the definition of Regulation State.

4Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rule 3, omit “, the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011”.

5Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rule 3A—

(a)

in the heading, omit “Article 30 of the Maintenance Regulation or”;

(b)

omit “under Article 30 of the Maintenance Regulation for a declaration of enforceability of a maintenance order or”.

6Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rule 4—

(a)

omit paragraphs (1) and (1A);

(b)

in paragraph (1B), omit “other than a Member State of the European Union”;

(c)

in paragraph (2), for “(1) or (1A)” substitute “1(B)”;

(d)

in paragraph (5), omit from “Article 31 of the 1968 Convention” to “Maintenance Regulation or”;

(e)

in paragraphs (6) and (7), omit “(1), (1A) or”.

7Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rule 5—

(a)

in paragraph (1), omit from “under Article 36 or” to “Maintenance Regulation or”;

(b)

omit paragraph (2).

8Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rule 7—

(a)

omit “a Contracting State, or a Regulation State or”;

(b)

omit “other than a Member State of the European Union”.

9Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rules 8(1) and 9, omit “Articles 46 and 47 of the 1968 Convention, under Articles 28 or 29 of the Maintenance Regulation or”.

10Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

Omit Rules 10 and 11.

11Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rule 12—

(a)

in paragraph (1)—

(i)

omit “Without prejudice to the provisions of Rules 10(6), 10(7), 11(5) and 11(6) of these Rules,”;

(ii)

for “to which paragraph (1A) applies” substitute “bound by the 2007 Hague Convention”;

(b)

omit paragraph (1A);

(c)

in paragraph (1B), omit sub-paragraph (a);

(d)

in paragraph (5), for “to which paragraph (1A) applies” substitute “bound by the 2007 Hague Convention”.

12Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rule 13—

(a)

in paragraph (1), in each place it occurs, for “to which paragraph 12(1A)” substitute “bound by the 2007 Hague Convention”;

(b)

in paragraph (1)(c), omit “the 1982 Act, the Maintenance Regulation or”;

(c)

in the words after paragraph (1)(d), omit “the 1982 Act, the Maintenance Regulation or”;

(d)

in paragraph (8)—

(i)

omit “Contracting State or another Regulation”;

(ii)

after “State” insert “bound by the 2007 Hague Convention”;

(iii)

omit “the 1982 Act, the Maintenance Regulation or”.

13Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rule 14—

(a)

in paragraph (1)—

(i)

omit “or in a Contracting State or in a Member State of the European Union other than the United Kingdom”;

(ii)

omit “(other than a Member State of the European Union)”;

(b)

in paragraph (1)(a)—

(i)

omit “or Contracting State or Member State of the European Union”;

(ii)

omit “(other than a Member State of the European Union)”.

14Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rule 16—

(a)

in paragraph (1), omit sub-paragraphs (a) to (d);

(b)

in paragraph (2), for “instruments referred to in paragraph (1)” substitute “2007 Hague Convention”.

15Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rule 17—

(a)

in the heading, for “Member State of the European Union” insert “State”;

(b)

in paragraph (1), for “Member State of the European Union” insert “State”;

(c)

omit paragraph (3).

16Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

Omit Rule 18.

17Amendments to the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986

In Rule 20—

(a)

in paragraph (1), omit “Article 58 of the Maintenance Regulation or”;

(b)

in paragraph (2) omit “Article 56 of the Maintenance Regulation or”.

18

The Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996 are amended as follows.

19

In Rule 1(3)—

(a)

omit the definition of “the Council Regulation”;

(b)

in the definition of “judgment”, omit “in accordance with Article 2(4) of the Council Regulation where it applies and”;

(c)

omit the definition of “Member State”;

(d)

in the definition of “parental responsibility”, omit “, and in relation to proceedings under the Council Regulation, as in Article 2(7) of that Regulation”.

20

In Rule 21A —

(a)

in the heading, omit “under Article 15 of the Council Regulation or”;

(b)

in paragraph (1), omit “Member State or”;

(c)

in paragraph (3)—

(i)

omit “Member State or”;

(ii)

omit “the Council Regulation or”;

(d)

in paragraph (5), omit “Member State or”;

(e)

in paragraph (6)—

(i)

omit “Member State or”;

(ii)

omit “authorities within the meaning of “court” in Article 2(1) of the Council Regulation and”.

21

In Rule 21B—

(a)

in the heading, omit “Member State or”;

(b)

in paragraph (1), omit “under Article 15(1) of the Council Regulation or”;

(c)

in paragraph (1)(a), omit “Member State or”;

(d)

in paragraph (1)(b), omit “another Member State or”.

22

In Rule 21C —

(a)

in the heading, omit “another Member State or”;

(b)

in paragraph (1)—

(i)

omit “another Member State or”;

(ii)

omit “under Article 15(2)(c) of the Council Regulation or”.

23

In Rule 21D(1), omit “Article 15 of the Council Regulation or”.

24

In Rule 21E—

(a)

in the heading, omit “Article 15 of the Council Regulation or”;

(b)

in paragraph (1)—

(i)

omit “another Member State or”;

(ii)

omit “under Article 15(2) of the Council Regulation or”.

25

In Rule 21F—

(a)

in the heading, omit “Member State or”;

(b)

in paragraphs (1) and (3), omit “Member State or”.

26

In Rule 21G—

(a)

in the heading, omit “the Council Regulation or”;

(b)

omit “Member State or”.

27

In Rule 21H, omit from “any of Articles 16 to 18” to “Article 19 of the Council Regulation or”.

28

In Rule 21I—

(a)

in paragraph (1), omit sub-paragraph (a) and the “or” preceding sub-paragraph (b);

(b)

in paragraphs (2) and (3), omit “Member State or”.

29

In Rule 21J—

(a)

in the heading, omit “Member State or”;

(b)

in paragraph (1), omit “another Member State under Article 56 of the Council Regulation or”;

(c)

in paragraph (2), omit “where the request is made under that Convention”;

(d)

in paragraph (4), omit “Member”.

30

In Rule 21K—

(a)

in paragraph (1), omit from “Except as regards” to “the Council Regulation,”;

(b)

in paragraph (2), omit “In the case of an application under the 1996 Hague Convention,”.

31

Omit Rules 21L and 21M.

32

For Rule 21N(f), substitute—

“(f)

stating—

(i)

whether the judgment provided for the payment of a sum or sums of money;

(ii)

whether interest is recoverable on the judgment or part of it in accordance with the law of the Contracting State in which the judgment was given, and if so, the rate of interest, the date from which the interest is recoverable, and the date on which interest ceases to accrue;

(g)

giving an address within the jurisdiction of the court for service of process on the party making the application and stating, so far as is known to the witness, the name and the usual or last known address or place of business of the person against whom judgment was given.”.

33

In Rule 21P, omit “Member State or”.

34

In Rule 21R(2), omit “under Article 21(3) of the Council Regulation or”.

35

In Rule 21S—

(a)

in paragraph (1), omit “, or for a certificate under Articles 39 or 42 of the Council Regulation,”;

(b)

in paragraph (3), omit “Where the application is made for the purposes of applying for recognition of the order in another Contracting State,”.

36

Omit Rules 21T and U.

37

For Rule 21V(a)(i) substitute—

“(i)

a copy of the application by which the proceedings were begun and a copy of all pleadings filed in the proceedings;”.

38

Omit Rules 21X and 21Y.

39

(1)

Where in relation to any proceedings, the relevant saving provision applies, the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986 and the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996 continue to apply on and after exit day for the purposes of those proceedings as if the amendments made by these Rules had not been made.

(2)

In paragraph (1), the “relevant savings provision” means, as applicable—

(a)

regulation 8 of the Jurisdiction and Judgments (Family) (Amendment etc) (EU Exit) Regulations 2019f1; or

(b)

regulation 92 of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019f2.

Signature

Nigel Broderick

Ciaran McQuillan

Debbie Maclam

Eoghan McKenna

David Russell

Dated 16th December 2019

In exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981, the Department of Justice allows these Rules.

Sealed with the Official Seal of the Justice on 20th December 2019

L.S.

Peter May

A senior officer of the

Department of Justice

Explanatory note

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986 (S.R. 1986 No. 359) and the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996 (S.R. 1996 No. 323) in consequence of provisions in statutory instruments made under section 8(1) of the European Union (Withdrawal) Act 2018 (c.16).

These Rules omit provision referring to:

  • Regulation (EC) No. 4/2009 (known as “the Maintenance Regulation”) in the Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules (Northern Ireland) 1986; and

  • Regulation (EC) No. 2201/2003 (referred to as “the Council Regulation” but also known as “Brussels IIa”) in the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996.