{
  "url": "https://openlegislation.uk/magistrates-courts-northern-ireland-order-1981/article-164",
  "json_url": "https://openlegislation.uk/magistrates-courts-northern-ireland-order-1981/article-164.json",
  "legislation": "nisi/1981/1675",
  "legislation_title": "The Magistrates' Courts (Northern Ireland) Order 1981",
  "legislation_url": "https://openlegislation.uk/magistrates-courts-northern-ireland-order-1981",
  "path": "article/164",
  "kind": "article",
  "number": "164",
  "heading": "Appearance by counsel or solicitor",
  "text": "(1) A party to any proceedings before a magistrates' court may be represented by counsel or solicitor; and an absent party so represented shall, except where any provision in any enactment (including this Order) or any condition of a recognizance expressly requires his presence, be deemed not to be so absent.\n(2) Where a magistrates' court is satisfied that a party to proceedings is unable through illness or other reasonable cause to appear, the court may grant special leave to the father, son, mother, daughter, spouse, civil partner, brother or sister of such party to appear and be heard.\n(3) For the purposes of paragraph (1), counsel or solicitor shall be construed subject to Article 5 of the European Communities (Services of Lawyers) Order 1978 , as it has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 .",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "2004 c. 33 (amending legislation states to subst. these words in para. (3) not (2))."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 164(3) inserted (31.12.2020) by The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 (S.I. 2020/1342), reg. 1(1), Sch. para. 5 (with Sch. para. 13)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "SI 1978/1910"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1981/1675/article/164",
    "retrieved_at": "2026-11-05T03:43:00.143829+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}