The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010

Paragraphs (2) to (4) apply in relation to a function transferred by this Order.

Anything (including legal proceedings) which, at the coming into operation of this Order, is in the process of being done by or in relation to the Court Service may, so far as it relates to the function, be continued by or in relation to the Department of Justice.

Anything done (or having effect as if done) by or in relation to the Court Service for the purposes of or in connection with the function shall have effect as if done by or in relation to the Department of Justice so far as necessary or expedient for continuing its effect after the coming into operation of this Order.

Documents or forms printed for use in connection with the function may be used in connection with the function even though they contain, or are to be construed as containing, references to the Court Service; and for the purposes of the use of any such documents or forms after the coming into operation of this Order, those references are to be read as references to the Department of Justice.

A complaint made under section 9D of the Justice (Northern Ireland) Act 2002^f1 in relation to the Court Service, whether made before or after the coming into operation of this Order, may be investigated by the Northern Ireland Judicial Appointments Ombudsman notwithstanding the abolition of the Court Service.

Any enactment or instrument passed or made before the coming into operation of this Order shall have effect, so far as necessary or expedient in consequence of or for giving full effect to—

as if any references (including references which are to be construed as such references) to the Court Service were or included references to the Department of Justice.

In this Article “instrument” includes (in particular) Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, codes, guidance, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, warrants, certificates, deeds and other documents.

The Parliamentary Commissioner Act 1967^f1 is amended as follows.

In section 5(6)^f2 (matters subject to investigation), omit “or, in Northern Ireland, of the Northern Ireland Court Service”.

In Schedule 2^f3 (departments etc subject to investigation), omit “Northern Ireland Court Service”.

The Judicature (Northern Ireland) Act 1978^f1 is amended as follows.

In section 69^f2 (Northern Ireland Court Service)—

In paragraph (d) of section 76 (property held by officers), for “member of the Northern Ireland Court Service” substitute “person designated as a chief clerk under Article 2(2) of the County Courts (Northern Ireland) Order 1980^f3 or appointed as a clerk of petty sessions under Article 2(4) of the Magistrates’ Courts (Northern Ireland) Order 1981^f4”.

In section 85 (provision for default to be made good), for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.

In Part 2 of Schedule 5 (minor and consequential amendments), omit the entries relating to section 1(3) of the House of Commons Disqualification Act 1975 and section 1(2) of the Northern Ireland Assembly Disqualification Act 1975.

Schedule 4 to the Social Security Administration (Northern Ireland) Act 1992^f1 (persons employed in social security administration or adjudication) is amended as follows.

In paragraph (c) of the entry relating to government departments in Part 1 (the specified persons), for “Northern Ireland Court Service” substitute “Department of Justice”.

In paragraph 3 of Part 2 (construction of references to government departments etc.), for “Northern Ireland Court Service is a reference to that Service” substitute “Department of Justice is a reference to that Department”.

Schedule 2 to the Private Security Industry Act 2001^f1 (activities liable to control under the Act) is amended as follows.

In paragraph 3(3A)(aa)^f2 (immobilisation of vehicles), for “Northern Ireland Court Service” substitute “Department of Justice in Northern Ireland”.

In paragraph 3A(6)(aa)^f3 (restriction and removal of vehicles), for “Northern Ireland Court Service” substitute “Department of Justice in Northern Ireland”.

The Justice (Northern Ireland) Act 2002^f1 is amended as follows.

In section 46(1)(ha)^f2 (functions of Chief Inspector), for “Northern Ireland Court Service” substitute “Department of Justice insofar as it is concerned with the operation of the criminal courts”.

In section 73(2) (constitution of Rules Committees) in the inserted sub-paragraph (f) of Article 46(1) of the County Courts (Northern Ireland) Order 1980^f3, for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.

In paragraph 4 of Schedule 2 (Judicial Appointments Commission), sub-paragraph (2) is amended as follows—

In paragraph 4 of Schedule 9 (Law Commission), sub-paragraph (2) is amended as follows—

The Justice (Northern Ireland) Act 2004^f1 is amended as follows.

In section 8(4) (guidance for criminal justice organisations on human rights standards), omit paragraph (b).

In Schedule 3 (court security)—

Section 82 of the Criminal Justice and Immigration Act 2008^f1 (requests to other member States: Northern Ireland) is amended as follows.

In subsection (1), for “Northern Ireland Court Service” substitute “Department of Justice”.

In subsection (4)(a)—

The Judgments Enforcement (Northern Ireland) Order 1981^f1 is amended as follows.

In Article 2(2) (general interpretation)—

In paragraph (c) of Article 8 (exercise of functions of Office), for “the Northern Ireland Court Service” substitute “staff of the Office”.

In Article 124 (conduct of prosecutions), for “An officer of the Northern Ireland Court Service who is an officer” substitute “A civil servant in the Department of Justice who is”.

The Magistrates’ Courts (Northern Ireland) Order 1981^f1 is amended as follows.

In Article 2(4) (interpretation)—

In Article 85(13) (orders for periodical payment: means of payment), for “an officer of the Northern Ireland Court Service” substitute “a civil servant in the Department of Justice”.

In Article 150 (abandonment of appeal to county court or by way of case stated) for “member of the Northern Ireland Court Service”, in each place that those words occur, substitute “civil servant in the Department of Justice”.

The Juries (Northern Ireland) Order 1996^f1 is amended as follows.

In Article 2(2) (interpretation)—

In Article 26A(3)^f3 (restriction on disclosure of juror information)—

In Article 26B^f4 (disclosure of juror information: lawful authority)—

In Schedule 2 (persons ineligible for jury service), omit “Members of the Northern Ireland Court Service”.

The Crown Court Rules (Northern Ireland) 1979^f1 are amended as follows.

In rule 2(1) (interpretation), in the definition of “chief clerk”, for “member of the Court Service” substitute “civil servant in the Department of Justice”.

In rule 74 (interpretation), in the definition of “the chief clerk”, for “member of the Court Service” substitute “civil servant in the Department of Justice”.

In rule 105(1) (Criminal Justice and Police Act 2001), in the definition of “chief clerk” for “member of the Court Service” substitute “civil servant in the Department of Justice”.

for “officer of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”;

for “officer”, in the second place that the word occurs, substitute “civil servant in that Department”.

Rule 11 of the Magistrates’ Courts Rules (Northern Ireland) 1984^f1 (service of summons) is amended as follows.

In paragraph (3A)^f2, for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.

In paragraph (3B)^f3, for “member of the Northern Ireland Court Service” substitute “civil servant in the Department of Justice”.

Rule 2.020 of the Insolvency Rules (Northern Ireland) 1991^f1 (appointment taking place out of court business hours) is amended as follows.

In paragraph (3), for “Court Service” substitute “Department of Justice”.

In paragraph (6), for “Court Service” substitute “Department of Justice”.

The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005^f1 are amended as follows.

In rule 2 (interpretation), for the definition of “the Court Service” substitute—

• ““the Department” means the Department of Justice;”.

In rule 20 (review of operation of rules), for “Court Service”, in each place that those words occur, substitute “Department”.

after “Office of the Social Security Commissioners”, in the first place that those words occur, insert “Pensions Appeal Tribunals”;

omit the entry for the Northern Ireland Court Service (including the entries related to it).

The Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009^f1 are amended as follows.

In rule 2 (interpretation), for the definition of “the Court Service” substitute—

• ““the Department” means the Department of Justice;”.

In rule 16 (review of operation of rules), for “Court Service”, in each place that those words occur, substitute “Department”.