Decisión Nº 1219 del Consejo Permanente

The High Court shall consist of the Lord Chief Justice of Northern Ireland (in this Act referred to as “the Lord Chief Justice”). . . and not more than fifteen puisne judges who shall be styled “ Judges of the High Court.”

All the judges of the High Court shall, save as in this Act otherwise expressly provided, have in all respects equal jurisdiction and shall be addressed in the manner in which judges of the High Court of Justice in Northern Ireland were customarily addressed heretofore.

The Department of Justice may, with the agreement of the Northern Ireland Judicial Appointments Commission, by order from time to time amend subsection (1) so as to vary the maximum number of puisne judges.

Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 does not apply in relation to puisne judges.

The Court of Appeal shall consist of the Lord Chief Justice. . . and three other judges who shall be styled “Lords Justices of Appeal”.

Every judge of the High Court shall be a judge of the Court of Appeal for the purposes of its jurisdiction in a criminal cause or matter and for those purposes shall have all the jurisdiction of a judge of the Court of Appeal.

All the judges of the Court of Appeal shall, save as in this Act otherwise expressly provided, have in all respects equal jurisdiction and shall be addressed in the manner in which judges of the Court of Appeal in Northern Ireland were customarily addressed heretofore.

The Department of Justice may, with the agreement of the Northern Ireland Judicial Appointments Commission, by order from time to time amend subsection (1) so as to vary the number of Lords Justices of Appeal.

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The Department of Justice may by order from time to time create divisions or additional divisions of the Court of Appeal or provide any division be abolished; and any such order—

There shall be a Crown Court in Northern Ireland whose jurisdiction shall be exercisable by the Lord Chief Justice ..., any judge of the High Court or the Court of Appeal or any county court judge.

The persons mentioned in subsection (1) shall, when exercising the jurisdiction of the Crown Court, be judges of the Crown Court but a county court judge shall not, except when exercising such jurisdiction, be deemed to be a judge of the Court of Judicature.

In any statutory provision relating to the Crown Court (including a provision of this Act) references to a judge of the High Court shall include references to a judge of the Court of Appeal.

There shall be three divisions of the High Court, namely—

The Department of Justice may by order from time to time create additional divisions of the High Court or provide that any division be abolished and any such order may contain such provision as may be necessary or proper for that purpose.

A judge of the High Court may sit in any division.

Without prejudice to any statutory provision relating to or affecting the distribution of business in the High Court, all jurisdiction vested in the High Court shall belong to all the divisions alike.

A Lord Justice of Appeal may at any time at the request of the Lord Chief Justice sit and act as a judge of the High Court.

A judge of the High Court shall, if requested to do so by the Lord Chief Justice, sit and act as a judge of the Court of Appeal when that court is exercising jurisdiction other than jurisdiction in a criminal cause or matter.

A person who not being a judge of the High Court or the Court of Appeal— may [at anytime] at the request of the Lord Chief Justice sit and act as a judge of the High Court or the Court of Appeal at any time on or before the day on which he attains the age of seventy-five.

A county court judge shall, if requested to do so by the Lord Chief Justice, sit and act as a judge of the High Court.

The Northern Ireland Judicial Appointments Commission may appoint a person qualified for appointment as a judge of the High Court to sit and act as a judge of the High Court as a temporary measure in order to facilitate the disposal of business in the High Court or the Crown Court.

For any period during which a person who does not hold office as a judge of the Supreme Court or as a county court judge sits and acts under this section the Department of Justice shall pay to him such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

A person may sit and act under section 6 or 7 as a judge of a court for the purpose of a particular case or cases or during a specified period and whether or not all the judges of that court are sitting or are available to sit.

Every person while sitting and acting under section 6 or 7 shall, subject to subsection (3), be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is sitting and acting.

For this purpose, an appointment under section 7(3) is to be made for—

A person shall not by virtue of subsection (2) be treated as a judge of the court in which he is sitting and acting for the purposes of any statutory provision relating to—

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Any person who has practised for not less than ten years at the Bar of Northern Ireland shall be qualified for appointment as a judge of the High Court.

Any person who— shall be qualified for appointment as a Lord Justice of Appeal.

Any person who— shall be qualified for appointment as Lord Chief Justice.

The Lords Justices of Appeal shall rank among themselves according to the priority of their appointment as judges of the Court of Appeal.

The judges of the High Court shall rank next after the judges of the Court of Appeal and among themselves according to the priority of their appointment as judges of the High Court.

Anything which by virtue of this Act or any other statutory provision is for the time being authorised or required to be done to or by the Lord Chief Justice may, if the Lord Chief Justice is not available because of absence or other reason or if his office is vacant, be done during such unavailability or vacancy to or by the senior Lord Justice of Appeal who is available.

Nothing in subsection (1) shall confer on a Lord Justice of Appeal the power of making a permanent appointment to any office.

Whenever the office of a judge of the High Court or of a Lord Justice of Appeal is vacant, a person may be appointed thereto by Her Majesty by letters patent under the Great Seal of Northern Ireland.

Whenever the office of Lord Chief Justice is vacant, Her Majesty may appoint a qualified person to that office by letters patent under the Great Seal of Northern Ireland.

Whenever the office of Lord Chief Justice becomes vacant, a successor may be appointed by Her Majesty by letters patent, under the Great Seal of Northern Ireland.

Her Majesty may, from time to time, appoint a qualified person as a Lord Justice of Appeal by letters patent under the Great Seal of Northern Ireland (but subject to the limit on numbers for the time being imposed by section 3).

Her Majesty's powers of appointment under this section are exercisable on the Prime Minister's recommendation.

The Prime Minister must make a recommendation to fill any vacancy in the office of Lord Chief Justice or Lord Justice of Appeal.

Subsection (4) does not apply to a vacancy in the office of Lord Justice of Appeal while the Lord Chief Justice agrees that it may remain unfilled.

Before making a recommendation, the Prime Minister must consult—

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The Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court may vacate his office by resignation in writing under his hand addressed to Her Majesty.

The High Court and the Court of Appeal shall be deemed to be duly constituted during and notwithstanding any vacancy in the office of any judge of either court.

Nothing in subsection (1) shall affect the operation of section 12 of the Administration of Justice Act 1973 (retirement of higher judiciary in the event of incapacity).

The Lord Chief Justice holds office during good behaviour (subject to section 26 of ... the Judicial Pensions and Retirement Act 1993).

Her Majesty may, on an address of both Houses of Parliament, remove a person (“P”) from office as Lord Chief Justice.

A motion for such an address may be made—

No motion is to be made for the purposes of subsection (3) unless—

No motion is to be made in the House of Commons for the purposes of subsection (3) unless the Prime Minister has laid a copy of the tribunal's report before that House.

No motion is to be made in the House of Lords for the purposes of subsection (3) unless the person making it has laid a copy of the tribunal's report before that House.

If the Prime Minister and the Lord Chancellor are considering the making of motions for the purposes of subsection (3), the Prime Minister may suspend P from the office.

If P is suspended, P may not carry out any functions of the office (but P's other rights as holder of the office are unaffected).

A tribunal is to consist of—

The persons within subsection (9)(a) and (b) are to be selected by the Lord Chancellor after consulting— (or, where an office is vacant or an office holder is not available, some other appropriate person).

The person within subsection (9)(c) is to be selected by the Northern Ireland Judicial Appointments Ombudsman.

The person within subsection (9)(a) is to be the chair of the tribunal.

The tribunal's procedure is to be determined by the chair.

The Department of Justice may pay a member of a tribunal any such allowances or fees as it may determine.

Before the coming into force of section 23 of the Constitutional Reform Act 2005, in subsection (10)(a) the reference to the President of the Supreme Court of the United Kingdom is to be read as a reference to the senior Lord of Appeal in Ordinary.

The Lord Chief Justice, a Lord Justice of Appeal, a judge of the High Court or a judge of the Crown Court shall not be incapable of acting in his judicial office in any proceeding by reason of his being as one of several ratepayers or as one of any other class of persons liable, in common with others, to contribute to or eligible to be benefited by any rate or tax which may be increased, diminished or in any way affected by that proceeding.

In this section the expression “rate or tax” means any rate, tax, duty or assessment whether public, general or local, and also any fund formed from the proceeds of any such rate, tax, duty or assessment, or applicable to the purposes to which any such rate, tax, duty or assessment might be applied or similar purposes.

Lords Justices of Appeal and judges of the High Court hold office during good behaviour (subject to section 26 of ... the Judicial Pensions and Retirement Act 1993).

Her Majesty may, on an address of both Houses of Parliament, remove a person (“P”) from office as Lord Justice of Appeal or judge of the High Court.

A motion for such an address may be made—

No motion is to be made for the purposes of subsection (3) unless—

No motion is to be made in the House of Commons for the purposes of subsection (3) unless the Prime Minister has laid a copy of the tribunal's report before that House.

No motion is to be made in the House of Lords for the purposes of subsection (3) unless the person making it has laid a copy of the tribunal's report before that House.

If the Prime Minister and the Lord Chancellor are considering the making of motions for the purposes of subsection (3), the Prime Minister may, with the agreement of the Lord Chief Justice, suspend P from the office.

If P is suspended, P may not carry out any functions of the office (but P's other rights as holder of the office are unaffected).

A tribunal is to consist of—

The persons within subsection (9)(a) and (b) are to be selected by the Lord Chief Justice after consulting— (or, where an office is vacant or an office holder is not available, some other appropriate person).

The person within subsection (9)(c) is to be selected by the Northern Ireland Judicial Appointments Ombudsman.

The person within subsection (9)(a) is to be the chair of the tribunal.

The tribunal's procedure is to be determined by the Lord Chief Justice.

If the tribunal recommends as mentioned in subsection (4)(b), the Lord Chief Justice must send the Prime Minister and the Lord Chancellor—

The Department of Justice may pay a member of a tribunal any such allowances or fees as it may determine.

Nothing in subsections (1) to (15) applies to a judge of the High Court appointed after the coming into force of section 7 of the Justice (Northern Ireland) Act 2002 (as to the removal and suspension of whom see that section).

Before the coming into force of section 23 of the Constitutional Reform Act 2005, in subsection (10)(b) the reference to the President of the Supreme Court of the United Kingdom is to be read as a reference to the senior Lord of Appeal in Ordinary.

The Court of Appeal shall be a superior court of record.

There shall, subject to the provisions of this Act, be exercisable by the Court of Appeal—

The Court of Criminal Appeal shall cease to exist and in accordance with the foregoing provisions of this section—

The generality of this section is not limited by any other provision of this Act.

Subject as otherwise provided in this or any other statutory provision, the Court of Appeal shall have jurisdiction to hear and determine in accordance with rules of court appeals from any judgment or order of the High Court or a judge thereof.

No appeal to the Court of Appeal shall lie—

An order refusing unconditional leave to defend an action shall not be deemed to be an interlocutory order within the meaning of this section.

Subject to subsection (3), any doubt which may arise as to what orders or judgments are final and what are interlocutory shall be determined by the Court of Appeal.

Notwithstanding any provision of this section or of any other statutory provision, where any decision of a court in Northern Ireland involves the decision of any question as to the validity of any provision made by or under an Act of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly and the decision is not otherwise subject to any appeal to the Court of Appeal or the Supreme Court an appeal shall lie to the Court of Appeal by virtue of this subsection.

Where under any statutory provision passed or made before the commencement of this Act an appeal, either by way of case stated or upon a point of law only, lies from any lower deciding authority to the High Court or to a judge of the Court of Judicature and the decision of any such court or judge is expressed to be final, such appeal shall lie instead to the Court of Appeal, and the decision of that court shall be final.

Subject to the provisions of this and the next following section every appeal to the Court of Appeal, other than an appeal under the Criminal Appeal Act, and every matter preliminary or incidental to such appeal . . . shall be heard before three judges of that court and shall, where necessary, be determined according to the opinion of the majority.

Where the Lord Chief Justice so directs, any such appeal, . . . or matter may be heard before two judges.

Where in accordance with subsection (2) an appeal, . . . or matter is heard before two judges and those judges differ in opinion—

No judge of the Court of Appeal shall sit as a judge on the hearing of, or shall determine any application in proceedings incidental or preliminary to—

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In any cause or matter pending before the Court of Appeal, other than an appeal under the Criminal Appeal Act, any direction incidental thereto not involving the decision of the appeal may be given by a single judge of that court, and a single judge of that court may at any time during vacation make an order granting leave to appeal to the Court of Appeal or any interim order to prevent prejudice to the claims of any parties pending an appeal as he may think fit.

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For all the purposes of and incidental to the hearing or determination of any appeal, other than an appeal under the Criminal Appeal Act, against any decision or determination of a court, tribunal, authority or person (in this section referred to as “the original court”) and the amendment or enforcement of any judgment or order made thereon, the Court of Appeal shall, in addition to all other powers exercisable by it, have all the jurisdiction of the original court and may—

The powers of the Court of Appeal in respect of an appeal to which subsection (1) applies— and the Court of Appeal may make any order, on such terms as the court thinks just, to ensure the determination on the merits of the real question in controversy between the parties.

It shall be the duty of the original court to have regard to all such declarations and to obey all such directions, if any, as may be given by the Court of Appeal pursuant to subsection (1).

Judgments and orders made by the Court of Appeal shall have the like effect and may be enforced in like manner as judgments and orders made by the original court.

Parts III and IV of the Criminal Appeal Act as modified by the provisions of this Act shall have effect for the purposes of appeals to the House of Lords from decisions of the Court of Appeal under Part II of that Act and references to the House of Lords under that Act.

Except as provided by Parts III and IV of the Criminal Appeal Act, the determination by the Court of Appeal of any appeal or other matter under Part II of that Act shall be final and no appeal shall lie from any such determination to any other court.

Subject to the provisions of this section, an appeal shall lie to the Supreme Court, at the instance of the defendant or the prosecutor,—

No appeal shall lie under this section except with the leave of the court below or of the Supreme Court; and, subject to section 45(3), such leave shall not be granted unless it is certified by the court below that a point of law of general public importance is involved in the decision and it appears to that court or to the Supreme Court, as the case may be, that the point is one which ought to be considered by the Supreme Court.

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For the purpose of disposing of an appeal under this section the Supreme Court may exercise any powers of the court below or may remit the case to that court.

Schedule 1 shall have effect in relation to appeals under this section.

In this section, sections 44 and 45 and Schedule 1—

Subject to the provisions of this section and to any restriction imposed by any statutory provision which has effect by virtue of subsection (6), an appeal shall lie to the Supreme Court from any order or judgment of the Court of Appeal in any civil cause or matter.

No appeal shall lie under this section except with the leave of the Court of Appeal or the Supreme Court.

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No appeal from an order or judgment of the Court of Appeal shall, unless it involves a decision of any question as to the validity of any provision made by or under an Act of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly, lie under this section in a case where by any statutory provision, including a provision of this Act, it is expressly provided (whatever form of words is used) that that order or judgment is to be final.

Subject to the provisions of this section, an appeal shall lie under this section from any order or decision of a court in Northern Ireland in the exercise of jurisdiction to punish for contempt of court (including criminal contempt); and in relation to any such order or decision the provisions of this section shall have effect in substitution for any other statutory provision, relating to appeals in civil or criminal proceedings.

An appeal under this section shall lie in any case at the instance of the defendant and, in the case of an application for committal or attachment, at the instance of the applicant; and the appeal shall lie—

The court to which an appeal is brought under this section may reverse or vary the order or decision of the court below, and make such other order as may be just; and, without prejudice to the inherent powers of any court refered to in subsection (2), provision may be made by rules of court for authorising the release on bail of an appellant under this section.

Subsections (2) to (4) of section 41 and paragraph 1 of Schedule 1 shall apply to an appeal to the Supreme Court under this section, as they apply to an appeal to the Supreme Court under the said section 41 except that so much of the said subsection (2) as restricts the grant of leave to appeal shall apply only where the decision of the court below is a decision on appeal to that court under this section.

In this section “court” includes any tribunal or person having power to punish for contempt; and references in this section to an order or decision of a court in the exercise of jurisdiction to punish for contempt include references— but do not include references to orders under any provision of , the County Courts (Northern Ireland) Order 1980 or the Magistrates’ Courts (Northern Ireland) Order 1981, except those referred to in paragraphs (b) and (c).

This section does not apply to a conviction or sentence in respect of which an appeal lies under Part I of the Criminal Appeal Act or to a decision of the Court of Appeal under that Part of that Act; and for the purposes of that Act and of this subsection an order for the punishment of any person for contempt of court in proceedings in which he has a right of appeal against his sentence shall be treated as a sentence in those proceedings.

Subject to the provisions of this section, an appeal shall lie, in any proceedings upon application for habeas corpus, whether civil or criminal, against an order for the release of the person restrained as well as against the refusal of such an order.

No appeal shall lie by virtue of this section from an order made by a single judge on a criminal application for habeas corpus.

In relation to a decision of the High Court on a criminal application for habeas corpus, section 41 shall have effect as if so much of subsection (2) of that section as restricts the grant of leave to appeal were omitted.

Except as provided by paragraph 4 of Schedule 1 in the case of an appeal against an order of the High Court on a criminal application, an appeal brought by virtue of this section shall not affect the right of the person restrained to be discharged in pursuance of the order under appeal and (unless an order under sub-paragraph (1) of that paragraph is in force at the determination of the appeal) to remain at large regardless of the decision on appeal.

The Crown Court shall be a superior court of record.

All proceedings on indictment shall be brought before the Crown Court.

The jurisdiction of the Crown Court under subsection (2) shall include jurisdiction—

All courts of assize are hereby abolished, and commissions, whether ordinary or special, to hold any court of assize shall not be issued.

Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of Northern Ireland as they apply in relation to offences under that Act or instruments under that Act.

The jurisdiction conferred on county courts by section 40 of the County Courts Act (Northern Ireland) 1959 is hereby abolished.

Subject to any provision contained in or having effect under this Act, all statutory provisions and rules of law relating to the jurisdiction and procedure of any court in connection with indictable offences shall have effect subject only to such modifications as are rendered necessary by the transfer of jurisdiction to the Crown Court in accordance with the preceding provisions of this section.

Subject to any provision contained in or having effect under this Act and without prejudice to the generality of subsection (6), the transfer of jurisdiction to the Crown Court in accordance with the preceding provisions of this section shall not affect—

All proceedings in the Crown Court shall be heard and disposed of before a single judge, and—

The judges of the High Court and the county court shall sit in the Crown Court in accordance with directions given by the Lord Chief Justice and the cases or classes of cases suitable for allocation to judges of the High Court and to county court judges respectively and all other matters relating to the distribution of Crown Court business shall be determined in accordance with directions given by the Lord Chief Justice.

The places at which the Crown Court sits and the days and times when the Crown Court sits at any place shall be determined in accordance with directions given by the Lord Chief Justice.

Subject to section 66 (2) of the Criminal Procedure and Investigations Act 1996 (subpoenas not to issue in certain criminal cases) and to. any provision contained in or having effect under this Act, the Crown Court shall, in relation to the attendance and examination of witnesses, any contempt of court, the enforcement of its orders and all other matters incidental to its jurisdiction, have the like powers, rights and authority as the High Court or the county court.

Officers of the Crown Court shall be responsible for the keeping of the records of the proceedings of the court, the notification to those concerned of the place and time appointed for any proceedings or other business and such other formal or administrative matters as may be specified by directions given by the Lord Chancellor after consultation with the Lord Chief Justice.

The Royal Ulster Constabulary shall give effect to any orders or directions which may be given to it by the Crown Court.

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

A magistrates’ court committing a person for trial shall specify the place at which he is to be tried, and in selecting that place shall have regard to—

Without prejudice to the preceding provisions of this Act about the distribution of Crown Court business, the Crown Court may give directions or further directions altering the place of any trial on indictment, either by varying the decision of a magistrates’ court under subsection (1) or by substituting some other place for the place specified in a notice under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Aricle 4 of the Children’s Evidence (Northern Ireland) Order 1995(notices of transfer from magistrates’ court to Crown Court) or by varying a previous direction of the Crown Court.

The defendant or the prosecutor, if dissatisfied with the place of trial as fixed by the magistrates’ court , as specified in a notice under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children’s Evidence (Northern Ireland) Order 1995 or as fixed by the Crown Court, may apply to the Crown Court for a direction or further direction varying the place of trial; and the court shall take the matter into consideration and may grant or refuse the application, or give such other direction as the court thinks fit.

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Directions under subsection (2) may be given on behalf of the Crown Court by an officer of the Crown Court, but the power to make orders conferred on the Crown Court by subsection (5)(b) shall be exercisable only by a judge of the court.

Where a preparatory hearing has been ordered under Article 6 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988, directions altering the place of trial may be given under subsection (2) at any time before the time when the jury are sworn.

The reference in subsection (6A) to the time when the jury are sworn includes the time when the jury would be sworn but for—

A sentence imposed, or other order made, by the Crown Court when dealing with an offender shall take effect from the beginning of the day on which it is imposed or made, unless the court otherwise directs.

Subject to the following provisions of this section, a sentence imposed, or other order made, by the Crown Court when dealing with an offender may be varied or rescinded by the Crown Court within the period of 56 days beginning with the day on which the sentence or other order was imposed or made . . . .

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The power conferred by subsection (1) may not be exercised in relation to any sentence or order if an appeal, or an application for leave to appeal, against that sentence or order has been determined.

A sentence or other order shall not be varied or rescinded under this section except by the judge of the Crown Court by whom the sentence or other order was imposed or made.

Subject to subsection (6), where a sentence or other order is varied under this section, the sentence or other order, as so varied, shall take effect from the beginning of the day on which it was originally imposed or made, unless the court otherwise directs.

For the purposes of section 16(1) of the Criminal Appeal Act (time limit for notice of appeal or of application for leave to appeal) and for the purposes of paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act.) the sentence or other order shall be regarded as imposed or made on the day on which it is so varied.

Crown Court rules—

A solicitor of the Court of Judicature may appear in, conduct, defend and address the court in any proceedings in the Crown Court, other than proceedings of such description (if any) as may from time to time be specified in directions given by the Lord Chief Justice under this section.

In considering whether to exercise his powers under this section the Lord Chief Justice shall have regard to any rights of audience heretofore exercised by solicitors at any trials on indictment and to any other circumstances affecting the public interest.

Any direction given under this section may be subject to such conditions and restrictions as appear to the Lord Chief Justice to be necessary or expedient.

Nothing in this section shall take away or affect the inherent powers of any court or judge to confer a right of audience.

Any condition of a recognizance to appear before the Crown Court and any summons or order to appear before the Crown Court may be framed so as to require appearance at such time and place as may be directed by the Crown Court, and, if a time or place is specified in the condition, summons or order, it may be varied by any subsequent direction of the Crown Court.

Where an indictment has been presented although the person charged has not been committed for trial, the Crown Court may issue a summons requiring that person to appear before the Crown Court or a warrant for his arrest.

Where any person charged with or convicted of an offence has entered into a recognizance conditioned for his appearance before the Crown Court and in breach of that recognizance fails to appear, the Crown Court may, without prejudice to the enforcement of the recognizance, issue a warrant for his arrest.

The Crown Court may admit to bail, or direct the admission to bail of, any person— and the time during which a person is admitted to bail under any provision of this subsection shall not count as part of any term of imprisonment or detention under his sentence.

Provision may be made by Crown Court rules as respects the powers of the Crown Court relating to bail, including any provision—

Any reference in any statutory provision to a recognizance shall include, unless the context otherwise requires, a reference to any other description of security given instead of a recognizance, whether in pursuance of subsection (5)(a) or otherwise.

The Crown Court, on issuing a warrant for the arrest of any person, may endorse the warrant for bail, and in any such case—

A person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court shall be brought forthwith before either the Crown Court or any magistrates’ court, and if he is brought before a magistrates’ court—

Subject to any statutory provision, Crown Court rules may be made in accordance with section 53A for the purpose of regulating and prescribing— and in this or any other statutory provision having effect in Northern Ireland “Crown Court rules” means rules so made.

Sections 1 and 2 of the Indictments Act (Northern Ireland) 1945 shall cease to have effect on such date as may be appointed in Crown Court rules made for the purpose mentioned in subsection (1)(b).

This section applies where the Crown Court is satisfied that—

In such a case the Crown Court shall, subject to the following provisions of this section, issue a summons (a witness summons) directed to the person concerned and requiring him to—

A witness summons may only be issued under this section on an application; and the Crown Court may refuse to issue the summons if any requirement relating to the application is not fulfilled.

Where a person has been committed for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after the committal.

Where the proceedings concerned have been transferred to the Crown Court, an application must be made as soon as is reasonably practicable after the transfer.

Where the proceedings concerned relate to an offence in relation to which an indictment has been presented under the authority of section 2(2)(c), (d), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969, an application must be made as soon as is reasonably practicable after the indictment is presented.

An application must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.

Crown Court rules—

Provision contained in Crown Court rules by virtue of subsection (8)(c) may in particular require an affidavit to—

In subsection (9)—

There shall be a committee known as the Northern Ireland Crown Court Rules Committee (in this Act referred to as the Crown Court Rules Committee) which, subject to section 54(2), shall consist of— and shall have the functions conferred on it in relation to the making of Crown Court rules by section 52.

The joint secretaries to the Crown Court Rules Committee shall be the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor; and whichever of them is nominated by the Lord Chancellor shall, in relation to Crown Court rules, be the responsible officer within the meaning of Articles 5 and 7 of the Statutory Rules (Northern Ireland) Order 1979.

The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (1)(c) or (d)—

Sections 54(2), (3), (4) and (6), 55(3) and 56(1)(2) and (2A) shall apply to the Crown Court Rules Committee and Crown Court rules as if references in those provisions to the Rules Committee and rules of court included references to the Crown Court Rules Committee and Crown Court rules respectively.

In the application of section 56(1) by virtue of subsection (3), references to section 55A include references to section 53A.

If— the court may direct accordingly.

An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.

Crown Court rules may, in such cases as the rules may specify, require the effect of a direction under this section to be notified to the person to whom the summons is directed.

If a witness summons issued under section 51A is directed to a person who— the court may direct that the summons shall be of no effect.

For the purposes of subsection (1) it is immaterial—

In subsection (1)(b) “served” means—

The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled.

An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.

Crown Court rules may, in such cases as the rules may specify, require the service of notice of an application under this section on the person on whose application the witness summons was issued.

Crown Court rules may, in such cases as the rules may specify, require that where— he must arrange for the document or thing to be available at the hearing of the application.

Where a direction is made under this section that a witness summons shall be of no effect, the person on whose application the summons was issued may be ordered to pay the whole or any part of the costs of the application under this section.

Any costs payable under an order made under subsection (8) shall be taxed by the Master (Taxing Office), and payment of those costs shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case or as a sum adjudged summarily to be paid as a civil debt.

If a witness summons issued under section 51E is directed to a person who— the court may direct that the summons shall be of no effect.

The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled.

An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.

Crown Court rules may, in such cases as the rules may specify, require that where— he must arrange for the document or thing to be available at the hearing of the application.

Any person who without just excuse— shall be guilty of contempt of that court and may be punished summarily by that court as if his contempt were in the face of the court.

A person shall not be committed to prison by reason of any disobedience mentioned in subsection (1) for a period exceeding three months.

If the Crown Court is satisfied by evidence on oath that— the Crown Court may issue a warrant to arrest the witness and bring him before the court.

Where a witness who is required to attend before the Crown Court by virtue of a witness summons fails to attend in compliance with the summons, the Crown Court may—

A witness brought before the Crown Court in pursuance of a warrant under this section may be remanded by that court in custody or on bail (with or without sureties) until such time as the court may appoint for receiving his evidence or dealing with him under section 51G.

Where a witness attends the Crown Court in pursuance of a notice under this section, the court may direct that the notice shall have effect as if it required him to attend at any later time appointed by the court for receiving his evidence or dealing with him under section 51G.”

No subpoena ad testificandum or subpoena duces tecum shall issue after the appointed day in respect of any criminal proceedings for the purposes of which—

In section 47(4) of the Judicature (Northern Ireland) Act 1978 after the words “Subject to” there shall be inserted the words “section 66(2) of the Criminal Procedure and Investigations Act 1996 (subpoenas not to issue in certain criminal cases) and to”.

This section applies in relation to any proceedings for the purposes of which no summons requiring the attendance of a witness has been issued before the appointed day.

The references in subsections (2) and (4) to the appointed day are to such day as is appointed for the purposes of this section by the Secretary of State by order.

It is for the Crown Court Rules Committee to make Crown Court rules.

For the purposes of this section, “relevant authority” means— and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.

After making Crown Court rules the Committee must submit them to the relevant authority.

The relevant authority must allow or disallow Crown Court rules submitted to it.

Crown Court rules have effect only if allowed by the relevant authority.

If the relevant authority disallows Crown Court rules, the relevant authority must give the Committee written reasons why it has disallowed them.

Subsection (7) applies if the relevant authority gives the Committee written notice that it thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice.

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

Those Crown Court rules must be—

There shall be a committee known as the Northern Ireland Court of Judicature Rules Committee (in this Act referred to as the Rules Committee) which, subject to subsection (2), shall consist of— and shall have the functions conferred on it in relation to the making of rules of court by section 55.

Where any member of the Rules Committee is unable to act, the Lord Chief Justice or, in the case of a member nominated by any other authority or body, that authority or body may nominate another qualified person to act temporarily in his place.

Rules of court may be made and other powers of the Rules Committee exercised at a meeting of the Rules Committee by a majority consisting of not less than four members of whom the chairman of the meeting shall be one.

In the absence of the Lord Chief Justice, the senior judge present shall be chairman of the meeting.

The joint secretaries to the Rules Committee shall be the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor..

Any expenses incurred by the Rules Committee shall be paid by the Lord Chancellor.

Subject to any statutory provision, rules may be made in accordance with section 55A with respect to—

Subject to any statutory provision, rules may be made in accordance with section 55A—

Rules made under this section may amend or repeal any statutory provision in force immediately before the commencement of this section or any statutory provision (including a provision of this Act) re-enacting any such statutory provision so far as may be necessary or expedient in consequence of provision made by the rules.

Rules made by the Rules Committee—

The Rules Committee shall not, except with the concurrence of the Treasury, make a rule which may involve an increase in expenditure out of public funds; but the validity of such a rule shall not, in any proceedings in any court, be called in question either by the court or by any party to the proceedings on the ground only that the Treasury did not concur or are not expressed to have concurred in the making of the rule.

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Rules made by the Rules Committee shall be statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

Such of the joint secretaries to the Rules Committee as the Lord Chancellor may designate shall, in relation to rules of court, be the responsible officer within the meaning of Articles 5 and 7 of the Statutory Rules (Northern Ireland) Order 1979.

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

For the purposes of this section, “relevant authority” means— and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.

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

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

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

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

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.

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

Those rules must be—

The High Court and the Court of Appeal shall be continuing courts with vacations regulated by rules of court.

Rules of court shall provide for the hearing during vacation by judges and officers of the High Court and the Court of Appeal of all such causes and matters as may require to be immediately or promptly heard.

Subject to rules of court, such numbers of judges and courts shall sit as may be required to dispose of the business of the High Court and the Court of Appeal.

The places at which the High Court and the Court of Appeal sit outside the Royal Courts of Justice and the places outside the Royal Courts of Justice at which any other business of those courts may be conducted shall be determined in accordance with directions given by the Lord Chief Justice.

The High Court may, on the application of any party to an action or issue to be tried by the court, order that the trial be held in some other place if the court is of opinion that it would be more just or convenient for the trial to be so held.

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

Subject to the provisions of this Act and to rules of court and to the express provisions of any other statutory provision, the costs of and incidental to all proceedings in the High Court and the Court of Appeal, including the administration of estates and trusts, shall be in the discretion of the court and the court shall have power to determine by whom and to what extent the costs are to be paid.

Save as otherwise provided by any statutory provision passed after this Act or by rules of court, if damages or other relief awarded could have been obtained in proceedings commenced in the county court, the plaintiff shall not, except for special cause shown and mentioned in the judgment making the award, recover more costs than would have been recoverable had the same relief been awarded by the county court.

Where any statutory provision whether passed before or after the commencement of this Act confers jurisdiction on the High Court or any judge thereof in regard to any matter without expressly conferring jurisdiction to award or deal otherwise with the costs of the proceedings connected with that matter, subsection (1) shall apply so as to authorise the court or judge, in its or his discretion, to award and deal with such costs.

Nothing in this section shall alter the practice in any criminal cause or matter.

The jurisdiction of the High Court, the Court of Appeal and the Crown Court in relation to the taxation of costs shall be vested in the Master (Taxing Office) or such other statutory officer as may be designated for the purpose by the Lord Chief Justice and shall be exercised in accordance with rules of court.

Costs may be taxed and recovered in any action notwithstanding the death of the party to or against whom those costs were awarded.

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

In any cause or matter before the High Court or the Court of Appeal, other than a criminal proceeding by or in the name of the Crown, the court may, if it thinks it expedient so to do, call in the aid of one or more assessors specially qualified, and try and hear the cause or matter wholly or partly with their assistance.

The remuneration, if any, to be paid to an assessor shall be determined by the court.

Subject to subsection (2), an action or an issue of fact in an action in the High Court in which a claim is made in respect of— shall, if any party to the action so requests, be tried with a jury.

The court may, on the application of any party to an action referred to in subsection (1), order that the action or any issue of fact in the action shall be tried without a jury if it is of opinion that such trial—

Subject to subsection (4), any other action or any issue of fact therein shall be tried without a jury.

The court may, in any action referred to in subsection (3) order that the action or any issue of fact in the action shall be tried with a jury if it is of opinion that by reason of an allegation of actual fraud or actual undue influence or for some other reason the trial may more suitably be had with a jury.

Subject to subsections (1) and (3), the High Court may in accordance with rules of court order that different questions of fact arising in any action be tried at different times or by different modes of trial.

An action in the High Court which by virtue of subsection (1) or (4) is being, or is to be, tried with a jury may, at any stage in the proceedings, be tried without a jury if the court concerned—

The Department of Justice may by order from time to time amend this section so as to alter the classes of action in which and the terms and conditions on which a trial shall or may be had with a jury.

Where the court makes an order under subsection (4A)(b), it may make such other orders as it considers appropriate (including an order dismissing the jury).

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In this section “section 6 proceedings” has the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made).

The jury for the trial in the High Court of any action or any issue therein shall consist of seven persons, . . .

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Subject to this Act, rules of court may be made concerning the challenging, empanelling and discharge of jurors and juries and the conditions subject to which refreshment may be supplied to them at any stage of the trial of an action or issue therein and may prescribe the number of peremptory challenges, being not less than three or more than six, to be allowed to each party in civil proceedings.

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In connection with any cause or matter in or pending before the High Court, the Court of Appeal or any inferior court or tribunal in aid of which the High Court may act, a judge of the High Court, or (in the case of a cause or matter in or pending before the Court of Appeal) of the Court of Appeal, may, if satisfied that it is proper to compel— order that a writ of subpoena ad testificandum or writ of subpoena duces tecum shall issue in special form commanding the witness, wherever he shall be within the United Kingdom, to attend the proceedings, and the service of any such writ in any part of the United Kingdom shall be as valid and effectual to all intents and purposes as if it had been served within the jurisdiction of the court.

A writ of subpoena ad testificandum or duces tecum may be issued under this section for the purpose of enforcing any order made by the High Court requiring any person to give evidence respecting any paper or writing being or purporting to be testamentary or to lodge in the Probate and Matrimonial Office any such paper or writing which may be shown to be in his possession or under his control.

References in subsection (1) to proceedings include references to proceedings before an officer of a court or tribunal, an examiner or commissioner appointed by the court (including an examiner or commissioner appointed to take evidence outside the jurisdiction of the court) or an official or special referee or arbitrator.

Every writ issued under this section shall have at its foot a statement to the effect that it is issued by the special order of a judge, and no such writ shall issue without such a special order.

If any person served with a writ issued under this section does not appear as required by the writ, the High Court, on proof to the satisfaction of the court of the service of the writ and of the default, may transmit a certificate of the default under the seal of the court or under the hand of a judge of the court, if the service was in Scotland to the Court of Session in Edinburgh, and if the service was in England or Wales to the High Court of Justice in London, and the court to which the certificate is so sent shall thereupon proceed against and punish the person so having made the default in like manner as if that person had neglected or refused to appear in obedience to process issued out of that court.

No court shall in any case proceed against or punish any person for having made such default as aforesaid unless it is shown to the court that a reasonable and sufficient sum of money to defray the expenses of coming and attending to give evidence and of returning from giving evidence was tendered to that person at the time when the writ was served upon him.

Nothing in this section shall alter or affect—

There shall be established the departments of the Court of Judicature specified in the first column of Schedule 2.

The business to be assigned to each department shall—

The Lord Chancellor may by order made after consultation with the Lord Chief Justice establish at such place as may be specified in the order a branch office of the Probate and Matrimonial Office which—

The officer supervising a department shall discharge his functions in accordance with directions given by the Lord Chief Justice.

The Lord Chancellor may by order made after consultation with the Lord Chief Justice at any time modify Schedule 2 by—

An order under subsection (5) may make provision for any incidental, consequential, transitional or supplementary matters for which it appears to the Lord Chancellor to be necessary or expedient for the purpose of the order to provide, and may amend or repeal any statutory provision (including any provision of this Act) so far as may be necessary or expedient in consequence of the order.

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

The functions of the Department of Justice include—

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The functions exercisable ... under subsection (1) shall include the functions heretofore exercisable by— other than those functions which by or under this Act become the functions of statutory officers.

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The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of— and that appropriate services are provided for those courts.

The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before the Northern Ireland Assembly a report as to the way in which he has discharged his duty under subsection (1).

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a report as it applies in relation to the laying of a statutory document under an enactment.

Appointments to the offices listed in column 1 of Schedule 3 shall be made by the Northern Ireland Judicial Appointments Commission after consultation with the Lord Chief Justice; and persons holding such offices are in this Act referred to as “ statutory officers ”.

Subject to subsection (3), a person shall not be qualified for appointment to any of the offices listed in column 1 of Schedule 3 unless he is—

The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to statutory officers.

In exceptional circumstances, where it appears to the Commission that a suitable appointment cannot be made in accordance with the provisions of subsection (2) and Schedule 3, it may, notwithstanding those provisions, after consultation with the Lord Chief Justice, appoint any barrister, solicitor or other person whom it considers to be suitable for appointment having regard to his knowledge and experience.

The terms and conditions of service for statutory officers are to be determined by the Lord Chancellor with the concurrence of the Treasury.

Without prejudice to section 68, the functions of the holder of each office listed in column 1 of Schedule 3 shall include the functions specified in relation to that office in column 4 of that Schedule (being functions heretofore exercised by the holder of the office or offices so specified) and accordingly—

Any salary or other amounts payable under subsection (1B) shall be paid by the Department of Justice.

The Department of Justice may by order made after consultation with the Lord Chief Justice at any time modify Schedule 3 by:—

An order under subsection (5) may make provision for any incidental, consequential, transitional or supplementary matters for which it appears to the Department of Justice to be necessary or expedient for the purpose of the order to provide and may amend or repeal any statutory provision (including any provision of this Act) so far as may be necessary or expedient in consequence of the order.

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A statutory officer shall vacate office on the day on which the officer attains the age of 75.

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A statutory officer shall be deemed for the purposes of section 1 of the Superannuation Act 1972 to be employed in the civil service of the state and, subject to the following provisions of this section, the principal civil service pension scheme within the meaning of section 2 of that Act shall apply to him accordingly.

In its application to a statutory officer in respect of his service as such the principal civil service pension scheme shall have effect subject to the modifications set out in Schedule 4.

Subsection (2) shall not apply to a statutory officer appointed by virtue of section 70(3) unless the Lord Chancellor, with the concurrence of the Minister for the Civil Service, so directs.

This section does not apply to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

. . . A statutory officer shall not either directly or indirectly practise as a barrister or solicitor or as an agent for a solicitor.

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In order to facilitate the disposal of business, the Northern Ireland Judicial Appointments Commission may, after consultation with the Lord Chief Justice, appoint a suitably qualified person— during such period or on such occasions as the Commission determines with the agreement of the Department of Justice .

A person acting in an office by virtue of an appointment under subsection (1) shall have all the powers of a person permanently appointed to that office.

The Department of Justice must consult the Lord Chief Justice before giving its agreement to a period or occasion under subsection (1).

Where anything is for the time being authorised or required by this Act or any other statutory provision to be done to or by a particular statutory officer and— then it may, unless the Lord Chief Justice otherwise directs, be done during such unavailability or vacancy to or by any other statutory officer.

The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to deputies for statutory officers or temporary additional statutory officers.

Where for any purpose it is necessary for a judge of the High Court or the Court of Appeal to sit outside Belfast, he may, with the approval of the Lord Chief Justice, appoint a judge’s registrar.

The Department of Justice shall pay to any person appointed under this section such remuneration and allowances as the Lord Chancellor may, with the consent of the Minister for the Civil Service, determine.

The Lord Chancellor, after consultation with the Lord Chief Justice, may appoint as Official Solicitor to the Court of Judicature a person who is—

The Official Solicitor shall have such powers and perform such duties as may be prescribed and as may be conferred or imposed on him—

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The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(b)—

The court may, in accordance with rules of court, order the costs of the Official Solicitor in respect of any business done by him to be paid out of any fund the subject of the proceedings or by any party to the proceedings and such costs shall be ascertained on taxation or measured.

Where any powers or duties have been or are hereafter conferred on the Official Solicitor then, unless and until the court or a judge otherwise directs in any particular case, those powers may be exercised and those duties shall be performed by the holder of the office for the time being, and no further order or appointment shall be necessary by reason only that the person on whom the powers and duties were conferred or imposed has died or ceased to hold office.

The Official Solicitor shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, dismissal or resignation).

The Lord Chancellor may pay to the Official Solicitor such remuneration and allowances as the Lord Chancellor may determine with the consent of the Treasury.

Service as the Official Solicitor is employment in the civil service of Northern Ireland for the purposes of Article 3 of the Superannuation (Northern Ireland) Order 1972.

While the office of Official Solicitor is vacant or the Official Solicitor is unable or unwilling to act, the Lord Chancellor may, after consultation with the Lord Chief Justice, appoint a person as temporary Official Solicitor; and the temporary Official Solicitor—

Such person as the Lord Chancellor may designate shall be the Accountant General of the Court of Judicature.

There shall be maintained in or near the Royal Courts of Justice an office for the business of the Accountant General under this Part.

The Accountant General shall—

The Accountant General shall, on or before 30th November in any year, send to the Comptroller and Auditor General for Northern Ireland the statement of accounts prepared by him under subsection (1) for the accounting period last ended.

The Comptroller and Auditor General for Northern Ireland shall examine, certify and report on the statement of accounts sent to him under subsection (2) and shall lay copies of the statement of accounts and of his report thereon before the Northern Ireland Assembly.

In this section “accounting period” means the period of 12 months ending on 31st March in any year except that the first accounting period shall, if the Treasury so directs, be such period shorter or longer than 12 months (but not longer than two years) as is specified in the direction.

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.

The Accountant General shall maintain an account at the Bank of Ireland or at such other bank or banks as the Lord Chancellor may, with the concurrence of the Treasury, designate and shall pay all sums received by him into that account and all sums payable by him out of it.

References to the Bank of Ireland in any statutory provision relating to sums in the Court of Judicature or the county court shall, when a designation is made under subsection (1), be construed, in connection with the sums to which that provision relates, as references to a bank so designated.

The payment of money into the Court of Judicature or the county court shall be effected by paying into an Accountant General’s account maintained under section 79.

The transfer into the Court of Judicature or the county court of securities (other than such as are transferable by delivery) shall be effected by transferring them to the Accountant General.

The deposit in the Court of Judicature or the county court of effects and the transfer into court of securities transferable by delivery shall be effected by delivering them to the Accountant General.

Save in a case in which it is provided by an order of the court that it shall not be placed or invested as mentioned in the following provisions of this section, and subject to any provision to the contrary made by rules made under the next following section, a sum of money in the Court of Judicature or in the county court—

If the High Court or (as the case may be) the county court so orders, the power of the Accountant General under subsection (1)(a)(iii) or (iv) to invest a sum of money in the Court of Judicature or the county court in securities includes the power to pay out of that sum any fees or expenses which are—

A court shall not make an order under subsection (2) unless the court considers it necessary and proportionate in all the circumstances to do so.

The High Court or (as the case may be) the county court may, on an application made to it, order that all or part of any sum paid by way of fees or expenses under subsection (2) be refunded where it appears to the court to be in the interests of justice to do so.

The Lord Chancellor, with the concurrence of the Treasury, may give directions in relation to the payment of interest on funds in court and may make rules regulating, subject to the provisions of section 80, the deposit, payment, delivery and transfer in, into and out of the Court of Judicature and the county court of money, securities and effects which belong to suitors or are otherwise capable of being deposited in, or paid or transferred into, the XXX or the county court or are under the custody of the Court of Judicature or the county court, and regulating the evidence of such deposit, payment, delivery or transfer and, subject to the provisions of section 81, the manner in which money, securities and effects in court are to be dealt with, and in particular—

Rules under subsection (1) may make different provision in relation to the Court of Judicature and the county court.

Sections 1, 2, 12, 13 and 15 of the Administration of Justice Act 1965 (which make provision for the investment of funds in court in common investment schemes and by the National Debt Commissioners) shall have effect in Northern Ireland subject to the modifications and amendments set out in the following provisions of this section.

In sections 1, 12, 13 and 15 of that Act—

At the end of section 2 of that Act there shall be inserted:—.

In section 15—

Section 80(1) shall apply to a statutory deposit as it applies to the payment of money into the Court of Judicature; and section 80(2) and (3) shall apply to the deposit with the Accountant General of securities in lieu of money in exercise of a right to make such a deposit conferred by section 29 of the Tramways (Ireland) Act 1860 or by rules made by virtue of subsection (2).

Sections 81 and 82 shall apply to a statutory deposit and to securities which are in the hands of the Accountant General in consequence of a person’s having availed himself of such a right as is mentioned in subsection (1) and rules made under section 82 may include separate provisions with respect to such deposits and securities and, in particular, may authorise the deposit, under the statutory provisions mentioned in subsection (3), of securities in lieu of money.

In this section and sections 83 and 85 “statutory deposit” means money deposited with the Accountant General under or by virtue of— or any statutory provision which was re-enacted by any of those provisions.

Every court exercising jurisdiction in Northern Ireland in a civil cause or matter shall continue to administer law and equity upon the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.

Every such court shall give the same effect as heretofore:— and shall ensure that, as far as possible and subject to any statutory provision (including subsection (3)) to the contrary, all matters in dispute in a cause or matter before it may be completely and finally determined without further proceedings in respect thereof.

Without prejudice to any other powers exercisable by it, a court, acting on equitable grounds, may stay any proceedings or the execution of any of its process subject to such conditions as it thinks fit.

Nothing in this Act shall authorise a cause or proceeding pending in the High Court or the Court of Appeal to be stayed by prohibition or injunction.

Subject to subsections (2) and (3), any absolute assignment by writing under the hand of the assignor, not purporting to be by way of charge only, of any debt or other legal chose in action, of which express notice in writing is given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim the debt or chose in action, shall be effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer, as from the date of the notice,—

If the debtor, trustee or other person liable in respect of the debt or chose in action has had notice that the assignment is disputed by the assignor or anyone claiming under him, or of any other opposing or conflicting claims to the debt or chose in action, he shall be entitled, if he thinks fit, to call upon the several persons concerned to pursue their claims by interpleading, or he may, if he thinks fit, make an appropriate payment into court under the relevant provisions of the Trustee Acts (Northern Ireland) 1958 and 1962.

This section does not affect the provisions of the Policies of Assurance Act 1867.

The High Court and, in matters within its jurisdiction, the county court may at any stage of any proceedings— in any case where it appears to the court to be just and convenient to do so for the purposes of any proceedings before it and, if the case is one of urgency, the court may grant such an injunction before the commencement of the proceedings.

Any order, injunction or appointment under subsection (1) may be made either unconditionally or on such terms and conditions as the court thinks just (including, where an injunction is granted before the commencement of the proceedings, a condition requiring proceedings to be commenced).

If, whether before or at or after the hearing of any cause or matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the court thinks fit, whether the person against whom the injunction is sought is or is not in possession under any claim or title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under colour of any title, and whether the estates claimed by both or by either of the parties are legal or equitable.

The power of the High Court and, in matters within its jurisdiction, the county court, to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction, or otherwise dealing with, assets located within the jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled, resident or present within the jurisdiction.

Unless an express declaration contained in the mortgage provides otherwise a mortgagor entitled for the time being to the possession or receipt of the rents and profits of any land as to which no notice of intention to take possession or to enter into the receipt of such rents and profits has been given by the mortgagee may—

An action, suit or proceeding brought by virtue of subsection (1) shall not be defeated by proof that the legal estate in the land the possession of which is sought to be recovered, or in respect of which the rents or profits are sought to be recovered, or in respect of which the trespass or other wrong has been committed, is vested in a mortgagee.

Where the defendant, or any other person having a specific interest in the lease or tenancy agreement, after a judgment or decree of any court for possession in favour of the landlord in any action of ejectment for non-payment of rent (including an action for forfeiture for non-payment of rent)— the court may on such application award or refuse an order for restoration of possession of the land and give such equitable relief as it thinks fit.

Unless and until application is made under subsection (1) the landlord shall hold the demised premises freed and discharged from the lease or tenancy agreement, subject, however, to any appeal from the original decree or judgment for possession in his favour.

This section applies to a grant at a fee farm rent or securing a rent by condition and, for the purposes of such application, references to the lease, to the landlord and to the demised premises shall be construed, respectively, as references to the grant, to the grantor and to the premises granted.

For the purposes of this section—

This section shall not operate to restrict any other power of the court to grant equitable relief.

In any proceedings to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose that person, or his or her spouse or civil partner, to proceedings for a related offence or for the recovery of a related penalty—

Subsection (1) applies to the following civil proceedings in the High Court, namely—

Subject to subsection (4), no statement or admission made by a person— shall, in proceedings for any related offence or for the recovery of any related penalty, be admissible in evidence against that person or (unless they married or became civil partners after the making of the statement or admission) against the spouse or civil partner of that person.

Nothing in subsection (3) shall render any statement or admission made by a person as there mentioned inadmissible in evidence against that person in proceedings for perjury or contempt of court.

In this section—

Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description.

Subject to the following provisions of this section there shall in Northern Ireland be a commission of the peace for each county court division and not, as heretofore, for each county and county borough.

The commission of the peace for a county court division shall be a commission under the Great Seal of Northern Ireland addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for the county court division.

Justices of the peace for a county court division shall be appointed on behalf and in the name of Her Majesty by instrument under the hand of the Lord Chancellor, and a justice so appointed may be removed from office in like manner.

A justice of the peace shall, within the county court division for which he is appointed, have all the jurisdiction and duties which were heretofore vested in or imposed on a justice of the peace acting for any area which included any part of that county court division.

Any act, matter or thing which by any statutory provision was heretofore required or authorised to be done before, or in the presence of, or to be served on, a justice of the peace acting for a county or county borough shall be required or authorised (as the case may be) to be done before, or in the presence of, or to be served on, a justice of the peace acting for any county court division in which that county or county borough or any part thereof is included.

In each county court division such one of the justices of the peace as may be designated by the Lord Chancellor shall be keeper of the rolls and shall exercise in relation to that county court division the functions heretofore exercised in relation to a county by the keeper of the rolls for that county.

There shall be transmitted to the keeper of the rolls for each county court division, and be enrolled in the records of the justices for that division, a copy of any instrument appointing or removing a justice of the peace in that division in accordance with this section; and the keeper of the rolls shall be notified in such manner as the Lord Chancellor may direct of any resignation or death of a justice so appointed, and shall cause to be kept and from time to time rectified a record of those for the time being holding office by virtue of any such appointment.

A record of all persons for the time being holding office as justice of the peace by virtue of appointments made in accordance with this section, together with the instruments of appointment or removal shall be kept in the office of the Clerk of the Crown for Northern Ireland.

The Lord Chancellor may by order make such incidental, consequential, transitional or supplementary provisions (including the amendment or repeal of any statutory provision) as appear to the Lord Chancellor to be necessary or proper for giving full effect to the provisions of this section.

In this and the next following section " county court division" means a division specified under section 1(1) of the County Courts Act (Northern Ireland) 1959.

The Lord Chancellor may by order authorise any person appointed as an under-sheriff in Northern Ireland to discharge the duties of that office for or in relation to any county court division instead of for or in relation to a county or county borough.

The Lord Chancellor may by order abolish the office of under-sheriff and transfer all or any of the functions of that office to such other person or body as may be specified in the order.

An order under this section may—

Any court of record in Northern Ireland having a criminal jurisdiction has, as ancillary to that jurisdiction, the power— a person who or whose case is before the court by requiring him to enter into his own recognisances or to find sureties (or both) and committing him to prison if he does not comply.

A magistrates’ court is not to be regarded as a court of record for the purposes of subsection (1).

Any person duly admitted as a solicitor in Northern Ireland or entitled to practise therein as a solicitor shall be an officer of the Court of Judicature, but nothing in this subsection shall affect the operation of any statutory provision (including a provision contained in this Act) which imposes on officers of a court restrictions as to practice as solicitors.

References in any statutory provision in force in Northern Ireland to attorneys or proctors shall be construed as references to solicitors of the Court of Judicature.

A solicitor of the Court of Judicature shall have a right of audience in any proceedings in the High Court or the Court of Appeal respecting— without being required to instruct counsel, or other counsel as the case may be, and may act and plead therein as counsel might have acted or pleaded.

Where in any proceedings in the High Court or the Court of Appeal (other than proceedings to which subsection (1) relates) a solicitor has had no reasonable opportunity, having regard to all the circumstances, of adequately instructing counsel, the court, if of opinion that it is desirable in the interests of justice to do so, may grant the solicitor a right of audience as ample as that which counsel would have enjoyed.

A solicitor of the Court of Judicature shall have a right of audience in any enquiries or proceedings before a statutory officer sitting in the exercise of his jurisdiction whether original or delegated; and any such officer may in his discretion permit such right of audience to be enjoyed by an experienced solicitor’s clerk acting on behalf of his principal.

Nothing in this section shall take away or affect the inherent powers of any court or judge to confer a right of audience.

This section applies—

On or before 1st October in each year the judges of the High Court and the Court of Appeal shall select two of their number to be judges for the trial of parliamentary election petitions for the purposes of section 123 of the Representation of the People Act 1983 and section 72(2) of the Electoral Law Act (Northern Ireland) 1962.

In the event of the death, retirement or unavailability through illness or other cause of any judge selected pursuant to this section, the judges of the High Court and the Court of Appeal shall as soon as may be convenient select one of their number to replace or act for him.

The Lord Chief Justice may make regulations with respect to the enrolment, engrossment, filing or registration in the Court of Judicature of documents to which subsection (2) refers and specifying the form in which certificates of enrolment, engrossment, filing or registration are to be granted or the manner in which the respective rolls, registers or files of documents may be inspected.

Any document which is required or authorised by any statutory provision or rule of law or practice to be enrolled or engrossed or filed or registered in any manner in the Court of Judicature(not being a document required to be filed or registered pursuant to rules of court) shall be deemed to have been duly enrolled, engrossed, filed or registered as the case may be, in compliance therewith if it is written on such material and has been filed or registered in such manner as may be authorised by regulations under this section and for this purpose “written” shall be taken as including typewritten, printed, engraved, lithographed, photographed or represented or reproduced by any mode of representing or reproducing words in a visible form.

Except as provided by subsection (2), nothing in regulations made under this section shall prejudice or affect the operation of any statutory provision requiring or authorising the enrolment, engrossment, filing or registration of deeds in the Court of Judicature.

Rules of court may provide that bonds to be given for the purposes of any proceedings in the High Court or the Court of Appeal— as may be prescribed.

The bond of a surety company prescribed under subsection (1) shall be sufficient without any other surety or any affidavit of justification but in other cases rules of court may prescribe or the court ordering the bond may require that one or more than one surety be joined in the bond.

Where a bond has been given for the purpose of proceedings in any court and it appears to the court, upon application made to it, that a condition of the bond has been broken, the court may order either—