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The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016

S.R. 2016/303 · Made 5 July 2016

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Magistrates’ Courts

Made 5th July 2016

Coming into operation in accordance with Rule 2

The Magistrates’ Courts Rules Committee makes the following rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981f1.

Annotations to the whole text

Footnotes

f1

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

Contents

  1. 1Citation and Commencement
  2. 2Citation and Commencement
  3. 3Amendment to the Magistrates’ Courts (Maintenance and Affiliation) Rules (Northern Ireland) 1966
  4. 4Amendment to the Magistrates’ Courts (Suspension of Disqualification for Driving) Rules (Northern Ireland) 1968
  5. 5Amendment to the Magistrates’ Courts (School Attendance Proceedings) Rules (Northern Ireland) 1969
  6. 6Amendment to the Magistrates’ Courts (Maintenance and Affiliation) Rules (Northern Ireland) 1971
  7. 7Amendment to the Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules (Northern Ireland) 1975
  8. 8Amendment to the Magistrates’ Courts (Recovery Abroad of Maintenance) Rules (Northern Ireland) 1975
  9. 9Amendment to the Magistrates’ Courts (Blood Tests) Rules (Northern Ireland) 1978
  10. 10Amendment to the Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules (Northern Ireland) 1980
  11. 11Amendment to the Magistrates’ Courts (Re-registration of Maintenance Orders) Rules (Northern Ireland) 1980
  12. 12Amendment to the Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) (No. 1) Rules (Northern Ireland) 1986
  13. 13Amendment to the Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) Rules (Northern Ireland) 1987
  14. 14Amendment to the Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) (No. 2) Rules (Northern Ireland) 1987
  15. 15Amendment to the Magistrates’ Courts (Serious Fraud) (Notices of Transfer) Rules (Northern Ireland) 1989
  16. 16Amendment to the Magistrates’ Courts (Great Britain Driving Licence Appeals) Rules (Northern Ireland) 1991
  17. 17Amendment to the Magistrates’ Courts (Criminal Justice (International Co-operation) Act 1990) Rules (Northern Ireland) 1991
  18. 18Amendment to the Magistrates’ Courts (Child Support) Rules (Northern Ireland) 1993
  19. 19Amendment to the Magistrates’ Courts (Children’s Evidence) (Notices of Transfer) Rules (Northern Ireland) 1996
  20. 20Amendment to the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996
  21. 21Amendment to the Magistrates’ Courts (Licensing) Rules (Northern Ireland) 1997
  22. 22Amendment to the Magistrates’ Courts (Registration of Clubs) Rules (Northern Ireland) 1997
  23. 23Amendment to the Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules (Northern Ireland) 1997
  24. 24Amendment to the Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules (Northern Ireland) 1997
  25. 25Amendment to the Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules (Northern Ireland) 1997
  26. 26Amendment to the Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999
  27. 27Amendment to the Magistrates’ Courts (Devolution Issues) Rules (Northern Ireland) 1999
  28. 28Amendment to the Magistrates’ Courts (Human Rights Act 1998) Rules (Northern Ireland) 2000
  29. 29Amendment to the Magistrates’ Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002
  30. 30Amendment to the Magistrates’ Courts (Declarations of Parentage) Rules (Northern Ireland) 2002
  31. 31Amendment to the Magistrates’ Courts (Detention and Forfeiture of Seized Cash) Rules (Northern Ireland) 2003
  32. 32Amendment to the Magistrates’ Courts (Proceeds of Crime Act 2002) (Confiscation) Rules (Northern Ireland) 2003
  33. 33Amendment to the Magistrates’ Courts (Sexual Offences Act 2003) Rules (Northern Ireland) 2004
  34. 34Amendment to the Magistrates’ Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004
  35. 35Amendment to the Magistrates’ Courts (Counter Terrorism Act 2008) (Foreign Travel Restriction Orders) Rules (Northern Ireland) 2010
  36. 36Amendment to the Magistrates’ Courts (Banning Orders) Rules (Northern Ireland) 2011
  37. 37Amendment to the Magistrates’ Courts (Violent Offences Prevention Orders) Rules (Northern Ireland) 2016
  38. Signature
  39. Explanatory note

1Citation and Commencement

These Rules may be cited as the Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016.

2Citation and Commencement

These Rules shall come into operation on the same day as section 1 of the Justice Act (Northern Ireland) 2015f1.

3Amendment to the Magistrates’ Courts (Maintenance and Affiliation) Rules (Northern Ireland) 1966

The Magistrates’ Courts (Maintenance and Affiliation) Rules (Northern Ireland) 1966f1 are amended as follows—

(1)

In rule 3, omit “acting for the same petty sessions district as the court which made the maintenance order”.

(2)

In rule 7(5), for “Petty Sessions District”, substitute “administrative court division”.

(3)

In Schedule 2—

(a)

in Form 1—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County [Borough] of”; and

(ii)

for “acting for the above-named petty sessions district”, substitute “sitting at…” in each place where it occurs;

(b)

in Form 2—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County [Borough] of”;

(ii)

for “for the Petty Sessions District of … in the County [Borough] of ….”, substitute “at…”; and

(iii)

at the end, omit “for the said Petty Sessions District”;

(c)

in Form 2A—

(i)

in the title, omit the large bracket, “Petty Sessions District of”, and “County Court Division of”; and

(ii)

at the end, omit “for the said Petty Sessions District”;

(d)

in Form 3—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court division of”;

(ii)

for “for the Petty Sessions District of …in the County Court Division of …”, substitute “at…”; and

(iii)

at the end, omit “for the said Petty Sessions District”;

(e)

in Forms 5 and 6—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County [Borough] of”; and

(ii)

for “for the Petty Sessions District of … in the County [Borough] of ….”, substitute “at…”;

(f)

in Form 8—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County [Borough] of”; and

(ii)

at the end, omit “for the said Petty Sessions District”;

(g)

in Forms 9 and 10—

(i)

for “for the Division of …” substitute “sitting at…”; and

(ii)

at the end, omit “for the Petty Sessions District of … in the County Court Division of ….”;

(h)

in Form 11—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County [Borough] of”; and

(ii)

at the end, omit “for the said Petty Sessions District”;

(i)

in Form 12—

(i)

for “for the Division of …” substitute “sitting at…”; and

(ii)

at the end, omit “for the Petty Sessions District of … in the County Court Division of ….”;

(j)

in Form 13—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(ii)

for “for the Division of …”, substitute “sitting at” in each place where it occurs; and

(iii)

for “for the petty sessions district of … in the County Court Division of ….”, substitute “at…”;

(k)

in Form 14—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(ii)

for “for the Division of …”, substitute “at…”; and

(iii)

at the end, omit “for the said Petty Sessions District”; and

(l)

in Form 15—

(i)

in the title, omit “Petty Sessions District of” and “County [Borough] of”;

(ii)

for “this court”, substitute “a court of summary jurisdiction sitting at…”; and

(iii)

at the end, omit “for the above-named Petty Sessions District”.

4Amendment to the Magistrates’ Courts (Suspension of Disqualification for Driving) Rules (Northern Ireland) 1968

The Magistrates’ Courts (Suspension of Disqualification for Driving) Rules (Northern Ireland) 1968f1 are amended as follows—

(1)

For the title to rule 2, substitute “Application for suspension of disqualification”.

(2)

In rule 2—

(a)

in paragraph (b), omit “and”;

(b)

omit paragraph (c); and

(c)

for “the resident magistrate who is so sitting”, substitute “a court of summary jurisdiction”.

(3)

Omit rules 3 and 4.

(4)

In rule 5—

(a)

in paragraph (2), for “for the petty sessions district in which the application is to be heard”, substitute “of petty sessions”; and

(b)

omit paragraph (3).

(5)

Omit rules 6 and 7.

5Amendment to the Magistrates’ Courts (School Attendance Proceedings) Rules (Northern Ireland) 1969

Rule 2 of the Magistrate’s Courts (School Attendance Proceedings) Rules (Northern Ireland) 1969f1 is amended as follows—

(a)

in paragraph (1), omit “Subject to paragraph (2),”; and

(b)

omit paragraph (2).

6Amendment to the Magistrates’ Courts (Maintenance and Affiliation) Rules (Northern Ireland) 1971

The Magistrates’ Courts (Maintenance and Affiliation) Rules (Northern Ireland) 1971f1 are amended as follows—

(1)

In the Schedule—

(a)

in Form 2—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County [Borough] of”;

(ii)

omit “for the above-named petty sessions district”; and

(iii)

omit “for that district”; and

(b)

in Form 3—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County [Borough] of”; and

(ii)

omit “for the above-named Petty Sessions District”.

7Amendment to the Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules (Northern Ireland) 1975

The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules (Northern Ireland) 1975f1 are amended as follows—

(1)

In rule 15—

(a)

in paragraph (1), for “within the petty sessions district for which the clerk acts”, substitute “in Northern Ireland”; and

(b)

in paragraph (2), for “such petty sessions district”, substitute “Northern Ireland”.

(2)

In the Schedule—

(a)

in Form 1—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County [Borough] of”;

(ii)

for “for the above-named petty sessions district”, substitute “at…”; and

(iii)

for “for the above-named District”, substitute “sitting at…”; and

(b)

in Form 2—

(i)

in the title, omit “Petty Sessions District of” and “County [Borough] of”; and

(ii)

omit “for the above-named petty sessions district”.

8Amendment to the Magistrates’ Courts (Recovery Abroad of Maintenance) Rules (Northern Ireland) 1975

In the Form in the Schedule to the Magistrates’ Courts (Recovery Abroad of Maintenance) Rules (Northern Ireland) 1975f1 in the title, omit the large bracket, “Petty Sessions District of” and “County [Borough] of”.

9Amendment to the Magistrates’ Courts (Blood Tests) Rules (Northern Ireland) 1978

In the Schedule to the Magistrates’ Courts (Blood Tests) Rules (Northern Ireland) 1978f1 in Form 2, in the title, omit “Petty Sessions District of” and “County [Borough] of”.

10Amendment to the Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules (Northern Ireland) 1980

The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules (Northern Ireland) 1980f1 are amended as follows—

(1)

In rule 12, in paragraphs (1) and (3), for “within his petty sessions district” substitute “in Northern Ireland”.

(2)

In Schedule 1—

(a)

in Form 1—

(i)

in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “for the above mentioned district”;

(b)

in Form 2, in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(c)

in Form 3—

(i)

in the title, omit “Petty Sessions District of” and “County Court Division of”;

(ii)

omit “for the above-named petty sessions district”; and

(iii)

for “for the said petty sessions district”, substitute “sitting at…”.

11Amendment to the Magistrates’ Courts (Re-registration of Maintenance Orders) Rules (Northern Ireland) 1980

The Magistrates’ Courts (Re-registration of Maintenance Orders) Rules (Northern Ireland) 1980f1 are amended as follows—

(1)

In rule 6(1), omit “acting for the same petty sessions district as the court which made the order” and “of the court which made the order”.

(2)

In rule 9(1), omit “acting for the same petty sessions district as the court which made the order” and “of the court which made the order”.

(3)

In rule 12(1), omit “acting for the same petty sessions district as the court which made the order” and “of the court which made the order”.

12Amendment to the Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) (No. 1) Rules (Northern Ireland) 1986

The Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) (No. 1) Rules (Northern Ireland) 1986f1 are amended as follows—

(1)

Omit rule 2(3).

(2)

In rule 3—

(a)

omit paragraph (1); and

(b)

omit paragraph (2).

(3)

Omit rule 9(1).

(4)

In the Schedule—

(a)

in Forms 1 to 8—

(i)

in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(ii)

at the end, omit “for the above-named petty sessions district”; and

(b)

in Form 9—

(i)

in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(ii)

at the end, for “at the above-named petty sessions district”, substitute “at…”.

13Amendment to the Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) Rules (Northern Ireland) 1987

The Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) Rules (Northern Ireland) 1987f1 are amended as follows—

(1)

Omit rule 2(3).

(2)

Omit rule 3(1).

(3)

In the Schedule, in Forms 1 to 7—

(a)

in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(b)

at the end, for “for the above-named petty sessions district”, substitute “at…”.

14Amendment to the Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) (No. 2) Rules (Northern Ireland) 1987

The Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) (No. 2) Rules (Northern Ireland) 1987f1 are amended as follows—

(1)

Omit rule 2(3).

(2)

Omit rule 3(1).

(3)

In the Schedule—

(a)

in Forms 1 and 5 to 19—

(i)

in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(ii)

at the end, for “for the above-named petty sessions district”, substitute “at…”;

(b)

in Form 20—

(i)

in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(ii)

at the end, for “for the petty sessions district”, substitute “at…”.

15Amendment to the Magistrates’ Courts (Serious Fraud) (Notices of Transfer) Rules (Northern Ireland) 1989

In the Schedule to the Magistrates’ Courts (Serious Fraud) (Notices of Transfer) Rules (Northern Ireland) 1989f1, in the title of Form 1, omit “Petty Sessions District of” and “County Court Division of”.

16Amendment to the Magistrates’ Courts (Great Britain Driving Licence Appeals) Rules (Northern Ireland) 1991

The Magistrates’ Courts (Great Britain Driving Licence Appeals) Rules (Northern Ireland) 1991f1 are revoked.

17Amendment to the Magistrates’ Courts (Criminal Justice (International Co-operation) Act 1990) Rules (Northern Ireland) 1991

In the Magistrates’ Courts (Criminal Justice (International Co-operation) Act 1990) Rules (Northern Ireland) 1991f1, in rule 5(2), omit “for the petty sessions district in which the proceedings have been instituted or in which the offence is being investigated, as the case may be”.

18Amendment to the Magistrates’ Courts (Child Support) Rules (Northern Ireland) 1993

The Magistrates’ Courts (Child Support) Rules (Northern Ireland) 1993f1 are amended as follows—

(1)

Omit rule 2(2).

(2)

Omit rule 4(1).

(3)

In the Schedule—

(a)

in Form 1—

(i)

in the title, omit “Petty Session District of”, “County Court Division of”;

(ii)

omit “for the above-named petty sessions district”, in the first place where it occurs; and

(iii)

at the end, for “for the above-named petty sessions district”, substitute “at…”; and

(b)

in Form 2, in the title, omit “Petty Session District of” and “County Court Division of”.

19Amendment to the Magistrates’ Courts (Children’s Evidence) (Notices of Transfer) Rules (Northern Ireland) 1996

In the Schedule to the Magistrates’ Courts (Children’s Evidence) (Notices of Transfer) Rules (Northern Ireland) 1996f1, in Form 1, omit “Petty Sessions District of”.

20Amendment to the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996

In Schedule 1 to the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996f1—

(a)

in Form C1, in the title, omit “[Petty Sessions District of]” and “County Court Division of”;

(b)

in Form C1A, in the title, omit “County Court Division of”;

(c)

in Form C1AA, in the title, omit “[Petty Sessions District of]” and “County Court Division of”;

(d)

in Forms C2, C2A, and C3, in the title, omit “[PETTY SESSIONS DISTRICT OF]” and “COUNTY COURT DIVISION OF”;

(e)

in Form C6, in the title, omit “COUNTY COURT DIVISION OF”;

(f)

in Forms C7 and C7A, in the title, omit “[PETTY SESSIONS DISTRICT]” and “COUNTY COURT DIVISION OF;

(g)

in Forms C8 to C17, in the title, omit “COUNTY COURT DIVISION OF”;

(h)

in Form C18, in the title, omit “[PETTY SESSIONS DISTRICT OF]” and “[COUNTY COURT DIVISION OF]”;

(i)

in Forms C20 to C31, in the title, omit “COUNTY COURT DIVISION OF”;

(j)

in Forms C32 and C33, in the title, omit “[PETTY SESSIONS DISTRICT OF]” and “COUNTY COURT DIVISION OF”;

(k)

in Form C34, in the title, omit “COUNTY COURT DIVISION OF”;

(l)

in Form C35, in the title, omit “[PETTY SESSIONS DISTRICT OF]” and “COUNTY COURT DIVISION OF”;

(m)

in Form C35A in the title, omit “PETTY SESSIONS DISTRICT OF” and “COUNTY COURT DIVISION OF”;

(n)

in Forms C36 and C37, in the title, omit “[PETTY SESSIONS DISTRICT OF]” and “COUNTY COURT DIVISION OF”;

(o)

in Form C38, in the title, omit “COUNTY COURT DIVISION OF”;

(p)

in Form C39, in the title, omit “[PETTY SESSIONS DISTRICT OF]” and “COUNTY COURT DIVISION OF”;

(q)

in Forms C40, C41 and C42, in the title, omit “COUNTY COURT DIVISION OF”;

(r)

in Forms C43 and C44, in the title, omit “[PETTY SESSIONS DISTRICT OF]” and “COUNTY COURT DIVISION OF”; and

(s)

in Form C45—

(i)

in the title, omit “COUNTY COURT DIVISION OF”; and

(ii)

after “Clerk of Petty Sessions”, insert “at…”.

21Amendment to the Magistrates’ Courts (Licensing) Rules (Northern Ireland) 1997

The Magistrates’ Courts (Licensing) Rules (Northern Ireland) 1997f1 are amended as follows—

(1)

Omit rule 3(4).

(2)

In rule 4(2), omit “for the petty sessions district in which the premises are situated”.

(3)

In rule 14A—

(a)

omit paragraph (1); and

(b)

in paragraphs (3) and (5) omit “for the petty sessions district in which the indoor arena, in respect of which the application is made, is situated”.

(4)

Omit rule 17(2).

(5)

In the Schedule—

(a)

in Form 1—

(i)

in the title, omit “Petty Session District of” and “County Court Division of”;

(ii)

at the end, for “for the above-named petty sessions district”, substitute “at…”; and

(iii)

in paragraph [1] of the “Notes”, omit “ for the district in which the premises are situated”;

(b)

in Form 2—

(i)

in the title, omit “Petty Session District of” and “County Court Division of”; and

(ii)

for “for the above-named petty sessions district”, substitute “at…”;

(c)

in Forms 3, 4 and 5—

(i)

in the title, omit “Petty Session District of” and “County Court Division of”;

(ii)

for “for the Division of”, substitute “sitting at…” in each place where it occurs; and

(iii)

at the end, for “for the above-named petty sessions district”, substitute “at…”;

(d)

in Form 6 —

(i)

in the title, omit “Petty Session District of” and “County Court Division of”; and

(ii)

at the end, for “of the above-named petty sessions district”, substitute “at…”;

(e)

in Form 7—

(i)

in the title, omit “Petty Session District of” and “County Court Division of”; and

(ii)

at the end, for “for the above-named petty sessions district”, substitute “at…”;

(f)

in Form 8—

(i)

in the title, omit “Petty Session District of” and “County Court Division of”; and

(ii)

at the end, for “of the above-named petty sessions district”, substitute “at…”;

(g)

in Form 9—

(i)

in the title, omit “Petty Session District of” and “County Court Division of”; and

(ii)

at the end, for “for the above-named petty sessions district”, substitute “at…”;

(h)

in Form 10—

(i)

in the title, omit “Petty Session District of” and “County Court Division of”;

(ii)

at the end, for “ for the petty sessions district in which the premises are situated”, substitute “at…”; and

(iii)

in paragraph [3] of the “Notes”, omit, from “The application” to the end of the first use of paragraphs (a) and (b);

(i)

in Form 11, in the title, omit “Petty Session District of” and “County Court Division of”;

(j)

in Form 13—

(i)

in the title, omit “Petty Session District of” and “County Court Division of”; and

(ii)

at the end, for “for the above-named petty sessions district”, substitute “at…”;

(k)

in Form 14, at the end, for “for the petty sessions district in which the premises are situated”, substitute “at…”; and

(l)

in Forms 15 to 23—

(i)

in the title, omit “Petty Session District of” and “County Court Division of”; and

(ii)

at the end, for “for the above-named petty sessions district”, substitute “at…”.

22Amendment to the Magistrates’ Courts (Registration of Clubs) Rules (Northern Ireland) 1997

The Magistrates’ Courts (Registration of Clubs) Rules (Northern Ireland) 1997f1 are amended as follows—

(1)

Omit rule 2(3).

(2)

In the Schedule, in Forms 1 to 6—

(a)

in the title, omit “Petty Session District of” and “County Court Division of”; and

(b)

at the end, for “for the above-named petty sessions district”, substitute “at…”.

23Amendment to the Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules (Northern Ireland) 1997

The Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules (Northern Ireland) 1997f1 are amended as follows—

(1)

In rule 2(c), for “a court of summary jurisdiction sitting for a different petty sessions district”, substitute “another court of summary jurisdiction”.

(2)

For rule 4(1), substitute—

“(1)

Where a court of summary jurisdiction makes a certification as referred to in section 54(2), the clerk of petty sessions shall, as soon as is practicable after the drawing up of the Form 1, serve a copy of that Form—

(a)

on the acquitted person referred to in the certification;

(b)

on the prosecution in the proceedings which led to the acquittal; and

(c)

where the acquittal has taken place before the Crown Court, on the chief clerk.”.

(3)

For rule 6(1) substitute—

“(1)

Where an acquittal has taken place before a court of summary jurisdiction, the clerk of petty sessions shall, as soon as is practicable after the making of the certification, or after the receipt from the Crown Court of a copy of a form recording the certification, enter in the Order Book of the court in relation to the acquittal-

(a)

a note that certification has been made;

(b)

the date of the certification;

(c)

the name of the court which has made the conviction;

(d)

the name of the person whose conviction occasioned the making of the certification; and

(e)

a description of the offence of which that person has been convicted.”.

(4)

In rule 7(1), for “within court premises” substitute “within court premises at the place where the certification was made”.

(5)

For rule 7(2) substitute—

“(2)

Where an acquittal has taken place before a court of summary jurisdiction, and the Crown Court has made the certification under section 54(2) in relation to the acquittal, the clerk of petty sessions shall, as soon as is practicable, after receipt of a copy of a form recording the certification, display a copy of that form at a prominent place to which the public has access within court premises at the place where the acquittal occurred.”.

(6)

In the Schedule, in the title of Form 1, omit “Petty Session District of” and “County Court Division of”.

24Amendment to the Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules (Northern Ireland) 1997

In rule 1(2) of the Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules (Northern Ireland) 1997f1, in the definition of “clerk of petty sessions”, omit from “means” to “and”.

25Amendment to the Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules (Northern Ireland) 1997

The Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules (Northern Ireland) 1997f1 are amended as follows—

(1)

In rule 2(2), omit from “for the petty sessions district” to the end.

(2)

In rule 3(2), omit “referred to in Rule 2”.

(3)

In rule 5(3), omit from “for the petty sessions district” to the end.

26Amendment to the Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999

The Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999f1 are amended as follows—

(1)

In rule 19(1)(a) and (3), omit “for the petty sessions district in which the order was made,”.

(2)

In rule 21—

(a)

in paragraph (1), omit “acting for the petty sessions district in which the offender resides”;

(b)

for paragraph (3) substitute—

“(3)

Where a court of summary jurisdiction revokes, or increases the period of detention of a juvenile justice centre order which was made by the Crown Court, the clerk of petty sessions shall send a copy of the relevant entry in the Order Book to the chief clerk.”; and

(c)

omit paragraphs (4) and (5).

(3)

In Schedule 1—

(a)

in Form 1—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “in the said petty sessions district and county court division”;

(b)

in Forms 2, 3, 5, 7 and 8, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(c)

in Form 9—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “acting for the above-named petty sessions district”;

(d)

in Form 10—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “acting for the petty sessions district of ….”;

(e)

in Forms 11 and 12, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(f)

in Form 13—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “in the county court division of ….”;

(g)

in Forms 14 and 15—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “in the County Court Division of ….”;

(h)

in Forms 16, 17 and 18, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(i)

in Form 18A—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

for “for the said district”, substitute “sitting at…”;

(j)

in Forms 19 to 34, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(k)

in Form 35—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “in the County Court Division of ….”;

(l)

in Form 36—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(ii)

omit “for the above-named petty sessions district”; and

(iii)

omit “in the County Court Division of ….” in each place where it occurs;

(m)

in Form 37—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “for the above-named petty sessions district”;

(n)

in Form 39—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “, being a youth court acting for the same place for the above Court [acting for the place where the Defendant resides]”;

(o)

in Form 40—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(ii)

omit “for the above-named petty sessions district”; and

(iii)

omit “in the County Court Division of ….” in each place where it occurs;

(p)

in Form 41—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “for the above-named petty sessions district”;

(q)

in Forms 42 to 44—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “, who [resides] [will reside] in the petty sessions district of ….,”;

(r)

in Forms 45 to 48—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(ii)

for “, for the petty sessions district of …. ”, in the first place where it occurs, substitute “sitting at…”; and

(iii)

omit “acting for the petty sessions district of ….”; and

(s)

in Forms 49 to 55—

(i)

omit in the title, the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “acting for the petty sessions district of ….”.

27Amendment to the Magistrates’ Courts (Devolution Issues) Rules (Northern Ireland) 1999

The Magistrates’ Courts (Devolution Issues) Rules (Northern Ireland) 1999f1 are amended as follows—

(1)

In rule 3(1)(b), omit “for the petty sessions district for which the court acts”.

(2)

In the Schedule—

(a)

in Form 1—

(i)

for “for the above-mentioned petty sessions district”, substitute “sitting at…”; and

(ii)

for “for the above-named petty sessions district”, substitute “at…”; and

(b)

in Form 3, for “for the above-named petty sessions district”, substitute “at…”.

28Amendment to the Magistrates’ Courts (Human Rights Act 1998) Rules (Northern Ireland) 2000

The Magistrates’ Courts (Human Rights Act 1998) Rules (Northern Ireland) 2000f1 are amended as follows—

(1)

In rule 3(1)(b), omit “for the petty sessions district for which the court acts”.

(2)

In rule 4(2), omit “for the county court division in which the appeal will be heard”.

(3)

In the Schedule—

(a)

in Form 1, for “for the above-named petty sessions district”, substitute “at…”; and

(b)

in Form 2, for “the Clerk of Petty Sessions for the above named petty sessions district” substitute “the Chief Clerk at…”.

29Amendment to the Magistrates’ Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002

The Magistrates’ Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002f1 are amended as follows—

(1)

Omit rule 3(b).

(2)

In rule 11—

(a)

in paragraph (5)(a), omit “for the county court division in which the appeal will be heard”; and

(b)

in paragraph (6), omit “for the county court division for which that county court is held”.

(3)

In the Schedule—

(a)

in Forms 1, 2 and 3, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(b)

in Form 4—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

at the end, for “for the petty sessions district of … being the district in which the seizure of cash was made”, substitute “at…”;

(c)

in Forms 5 and 6, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(d)

in Form 7—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

at the end, for “for the petty sessions district of ….”, substitute “at…”;

(e)

in Form 8, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(f)

in Form 9—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

at the end, for “for the above-named Petty Sessions District”, substitute “at…”;

(g)

in Form 10, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(h)

in Form 11—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

at the end, for “for the above-named petty sessions district sitting”, substitute “sitting at…”.

30Amendment to the Magistrates’ Courts (Declarations of Parentage) Rules (Northern Ireland) 2002

In the Schedule to the Magistrates’ Courts (Declarations of Parentage) Rules (Northern Ireland) 2002f1, in Forms FL1 to FL8, in the title, omit “County Court Division of”.

31Amendment to the Magistrates’ Courts (Detention and Forfeiture of Seized Cash) Rules (Northern Ireland) 2003

The Magistrates’ Courts (Detention and Forfeiture of Seized Cash) Rules (Northern Ireland) 2003f1 are amended as follows—

(1)

Omit rule 2(b).

(2)

In rule 4—

(a)

in paragraph (1), omit “for the petty sessions district in which the cash was seized”; and

(b)

omit paragraph (2).

(3)

In rule 7(1), omit “for the petty sessions district in which the cash was seized”.

(4)

In rule 7A(1), omit “for the petty sessions district in which the cash was seized”.

(5)

In rule 8 —

(a)

in paragraph (1), omit “to whom the application for continued detention of the cash under section 295(4) has been sent”; and

(b)

omit paragraph (2).

(6)

In rule 10—

(a)

in paragraph (1), omit “for the petty sessions district in which the forfeiture order was made”;

(b)

in paragraph (5)(a), omit “for the county court division in which the appeal will be heard,”; and

(c)

in paragraph (6), omit “for the county court division for which that county court is held”.

(7)

In rule 11(1), omit “for the petty sessions district in which the cash was seized”.

(8)

In the Schedule—

(a)

in Forms 1 to 6, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(b)

in Form 7—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

at the end, for “for the petty sessions district of ….”, substitute “at…”;

(c)

in Form 8, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(d)

in Form 9—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

at the end, for “for the above-named Petty Sessions District”, substitute “at…”;

(e)

in Form 10—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

for “for the above district”, substitute “sitting at…”; and

(f)

in Form 11—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

for “for the above-named petty sessions district sitting”, substitute “sitting at…”.

32Amendment to the Magistrates’ Courts (Proceeds of Crime Act 2002) (Confiscation) Rules (Northern Ireland) 2003

The Magistrates’ Courts (Proceeds of Crime Act 2002) (Confiscation) Rules (Northern Ireland) 2003f1 are amended as follows—

(1)

Omit rule 3(4).

(2)

In rule 5, omit “for the county court division in which is located the court which will deal with the defendant”.

(3)

In the Schedule—

(a)

in Forms 1 and 2—

(i)

in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “for the county court division of ….”;

(b)

in Form 3—

(i)

in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “in the County Court Division of …. ”; and

(c)

in Forms 4 and 5, in the title, omit “Petty Sessions District of” and “County Court Division of”.

33Amendment to the Magistrates’ Courts (Sexual Offences Act 2003) Rules (Northern Ireland) 2004

The Magistrates’ Courts (Sexual Offences Act 2003) Rules (Northern Ireland) 2004f1 are amended as follows—

(1)

In rule 7, omit “, and such proceedings shall be in a court of summary jurisdiction acting for the petty sessions district in which the order was made”.

(2)

In rule 8(2), omit “within the petty sessions district in which the proceedings are brought”.

(3)

In the Schedule—

(a)

in Form 1—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “for the said petty sessions district”;

(b)

in Forms 2 and 3, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(c)

in Form 4—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “for the said petty sessions district”;

(d)

in Forms 5 and 6, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(e)

in Form 7—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “for the said petty sessions district”;

(f)

in Form 8, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(g)

in Form 9—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “for the said petty sessions district”;

(h)

in Forms 10 and 11, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(i)

in Form 12—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “for the said petty sessions district”.

34Amendment to the Magistrates’ Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004

The Magistrates’ Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004f1 are amended as follows—

(1)

In rule 3(1), omit “, and such proceedings shall be in the magistrates’ court acting for the petty sessions district in which the order was made”.

(2)

In rule 4(1A), in sub-paragraph (b), for “petty sessions district”, substitute “administrative court division”.

(3)

In the Schedule—

(a)

in Forms 1 and 2—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “for the said petty sessions district”;

(b)

in Forms 3 and 4, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(c)

in Form 4A, in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(d)

in Form 5—

(i)

in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “for the said petty sessions district”.

35Amendment to the Magistrates’ Courts (Counter Terrorism Act 2008) (Foreign Travel Restriction Orders) Rules (Northern Ireland) 2010

The Magistrates’ Courts (Counter Terrorism Act 2008) (Foreign Travel Restriction Orders) Rules (Northern Ireland) 2010f1 are amended as follows—

(1)

In rule 2—

(a)

in paragraph (3), omit “and such proceedings shall be before a court of summary jurisdiction acting for the petty sessions district which includes the area where the person subject to the order resides”; and

(b)

in paragraph (5), omit “within the petty sessions district in which the proceedings are brought”.

(2)

In the Schedule—

(a)

in Form 1—

(i)

in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “ for the said petty sessions district”;

(b)

in Form 2, in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(c)

in Form 3—

(i)

in the title, omit “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “ for the said petty sessions district”.

36Amendment to the Magistrates’ Courts (Banning Orders) Rules (Northern Ireland) 2011

The Magistrates’ Courts (Banning Orders) Rules (Northern Ireland) 2011f1 are amended as follows—

(1)

In rule 3(2)(a), omit “for the district in which the order was made”.

(2)

In rule 5—

(a)

in paragraph (3), omit “for the county court division in which the appeal will be heard”; and

(b)

in paragraph (4), omit “for the county court division for which that county court is held,”.

(3)

In the Schedule—

(a)

in Forms 1, 2 and 3, in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”;

(b)

in Form 4—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

omit “for the above-named Petty Sessions District”; and

(c)

in Form 5—

(i)

in the title, omit the large bracket, “Petty Sessions District of” and “County Court Division of”; and

(ii)

at the end, for “for the above named Petty Sessions District”, substitute “at…”.

37Amendment to the Magistrates’ Courts (Violent Offences Prevention Orders) Rules (Northern Ireland) 2016

In rule 4 of the Magistrates’ Courts (Violent Offences Prevention Orders) Rules (Northern Ireland) 2016f1, in paragraph (2), omit “within the petty sessions district in which the proceedings are brought”.

Signature

William A McNally

Ciaran McQuillan

Marc Little

Eoghan McKenna

David Russell

Dated 5th July 2016

In exercise of the powers conferred upon me by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981 and after consultation with the Lord Chief Justice, I allow these Rules.

Sealed with the Official Seal of the Department of Justice on 19th July 2016

L.S.

Claire Sugden

Minister of Justice

Explanatory note

(This note is not part of the Rules)

These Rules amend the Rules listed below to take account of Part 1 of the Justice Act (Northern Ireland) 2015 which creates a single jurisdiction for county courts and magistrates’ courts whereby the jurisdiction and powers of those courts are exercisable throughout the whole of Northern Ireland.

  • The Magistrates’ Courts (Maintenance and Affiliation) Rules (Northern Ireland) 1966;

  • The Magistrates’ Courts (Suspension of Disqualification for Driving) Rules (Northern Ireland) 1968;

  • The Magistrates’ Courts (School Attendance Proceedings) Rules (Northern Ireland) 1969;

  • The Magistrates’ Courts (Maintenance and Affiliation) Rules (Northern Ireland) 1971;

  • The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules (Northern Ireland) 1975;

  • The Magistrates’ Courts (Recovery Abroad of Maintenance) Rules (Northern Ireland) 1975;

  • The Magistrates’ Courts (Blood Tests) Rules (Northern Ireland) 1978;

  • The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules (Northern Ireland) 1980;

  • The Magistrates’ Courts (Re-registration of Maintenance Orders) Rules (Northern Ireland) 1980;

  • The Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) (No.1) Rules (Northern Ireland) 1986;

  • The Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) Rules (Northern Ireland) 1987;

  • The Magistrates’ Courts (Betting, Gaming, Lotteries and Amusements) (No.2) Rules (Northern Ireland) 1987;

  • The Magistrates’ Courts (Serious Fraud) (Notices of Transfer) Rules (Northern Ireland) 1989;

  • The Magistrates’ Courts (Great Britain Driving Licence Appeals) Rules (Northern Ireland) 1991;

  • The Magistrates’ Courts (Criminal Justice (International Co-operation) Act 1990) Rules (Northern Ireland) 1991;

  • The Magistrates’ Courts (Child Support) Rules (Northern Ireland) 1993;

  • The Magistrates’ Courts (Children’s Evidence) (Notices of Transfer) Rules (Northern Ireland) 1996;

  • The Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996;

  • The Magistrates’ Courts (Licensing) Rules (Northern Ireland) 1997;

  • The Magistrates’ Courts (Registration of Clubs) Rules (Northern Ireland) 1997;

  • The Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules (Northern Ireland) 1997;

  • The Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules (Northern Ireland) 1997;

  • The Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules (Northern Ireland) 1997;

  • The Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999;

  • The Magistrates’ Courts (Devolution Issues) Rules (Northern Ireland) 1999;

  • The Magistrates’ Courts (Human Rights Act 1998) Rules (Northern Ireland) 2000;

  • The Magistrates’ Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002;

  • The Magistrates’ Courts (Declaration of Parentage) Rules (Northern Ireland) 2002;

  • The Magistrates’ Courts (Detention and Forfeiture of Seized Cash) Rules (Northern Ireland) 2003;

  • The Magistrates’ Courts (Proceeds of Crime Act 2002) (Confiscation) Rules (Northern Ireland) 2003;

  • The Magistrates’ Courts (Sexual Offences Act 2003) Rules (Northern Ireland) 2004;

  • The Magistrates’ Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004;

  • The Magistrates’ Courts (Counter Terrorism Act 2008) (Foreign Travel Restriction Orders) Rules (Northern Ireland) 2010;

  • The Magistrates’ Courts (Banning Orders) Rules (Northern Ireland) 2011.

  • The Magistrates’ Courts (Violent Offences Prevention Orders) Rules (Northern Ireland) 2016.