Office of Public Sector Information
SCHEDULE 5 continued PART 1 continued
48 The County Courts (Northern Ireland) Order 1980 is amended as follows.
49 In Article 2 (interpretation), in paragraph (5) omit “on the Lord Chancellor”.
50 In Article 3 (county courts to be held for divisions), in paragraph (1) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
51 In Article 4 (directions as to holding of courts), for “Lord Chancellor” in each place substitute “Lord Chief Justice”.
52 In Article 5 (directions for courts to sit otherwise in courthouses), for “Lord Chancellor” substitute “Lord Chief Justice”.
53 (1) Article 6 (appointment of days for holding of ordinary sittings) is amended as follows.
(2) In paragraph (1) for “Lord Chancellor” substitute “Lord Chief Justice”.
(3) In paragraph (2) for “Lord Chancellor shall consult the Lord Chief Justice and” substitute “Lord Chief Justice shall consult”.
54 In Article 7 (additional and extraordinary sittings), in paragraphs (1) and (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
55 In Article 22 (power to increase civil jurisdiction of county courts), after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
56 In Article 46 (as amended by section 73(2) of the Justice (Northern Ireland) Act 2002), in paragraph (1)(a) for “Lord Chancellor” substitute “Lord Chief Justice”.
57 In Article 47 (making of county court rules) for paragraphs (2) and (3) substitute—
“(2) County court rules must be certified under the hand of the members of the Rule Committee, or any three or more of them.
(3) After making and certifying county court rules the Rules Committee must submit them to the Lord Chancellor.
(4) The Lord Chancellor must, after consultation with the Lord Chief Justice, allow or disallow county court rules submitted to him.
(5) County court rules have effect only if the Lord Chancellor allows them.
(6) If the Lord Chancellor disallows county court rules, the Lord Chancellor must give the Rules Committee written reasons why he has disallowed them.
(7) County court rules allowed by the Lord Chancellor shall come into operation on such day as the Lord Chancellor shall direct.
(8) Paragraph (9) applies if the Lord Chancellor gives the Rules Committee written notice that he thinks it is expedient for county court rules to include provision that would achieve a purpose specified in the notice.
(9) The Rules Committee must make such county court rules as it considers necessary to achieve the specified purpose.
(10) Those rules must be—
(a) made within a reasonable period after the Lord Chancellor gives notice under paragraph (8);
(b) made in accordance with this Article.”
58 In Article 56 (swearing of affidavits before designated court officer), in subsection (1) for “Lord Chancellor” substitute “Lord Chief Justice”.
59 In Article 58 (furnishing of information by certain officers), at the end insert “and furnish to the Lord Chief Justice such information as may be prescribed or required by the Lord Chief Justice.”
60 (1) Article 4 of the Domestic Proceedings (Northern Ireland) Order 1980 (powers of court to make provision for domestic proceedings) is amended as follows.
(2) In paragraph (3) after “may” insert “, after consultation with the Lord Chief Justice,”.
(3) After paragraph (3) insert—
“(3A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (3)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
(4) In paragraph (4) for the words from the beginning to “under” substitute “Any order made under”.
61 The Magistrates' Courts (Northern Ireland) Order 1981 is amended as follows.
62 (1) Article 6A (costs in legal proceedings) is amended as follows.
(2) In paragraph (4) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
(3) After paragraph (4) insert—
“(4A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (4)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
63 (1) Article 11 (petty sessions and petty sessions districts) is amended as follows.
(2) In paragraph (2) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
(3) In paragraph (3) for “Lord Chancellor” in each place substitute “Lord Chief Justice”.
64 In Article 12 (holding of petty sessions in courthouse), in paragraph (a) for “Lord Chancellor” substitute “Lord Chief Justice”.
65 (1) Article 13 (magistrates' courts rules) is amended as follows.
(2) In paragraph (1) omit the words from “or as” to “Article 14”.
(3) In paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
(4) For paragraph (3) substitute—
“(3) It is for the Rules Committee to make such rules as are referred to in paragraph (1) (which may be known as “magistrates' courts rules”).
(3A) The Rules Committee may make magistrates' courts rules only—
(a) after consultation with the Lord Chancellor, and
(b) with the agreement of the Lord Chief Justice.
(3B) Paragraph (3C) applies if the Lord Chancellor gives the Rules Committee written notice that he thinks it is expedient for magistrates' courts rules to include provision that would achieve a purpose specified in the notice.
(3C) The Rules Committee must make such magistrates' courts rules as it considers necessary to achieve the specified purpose.
(3D) Those rules must be—
(a) made within a reasonable period after the Lord Chancellor gives notice under paragraph (3B);
(b) made in accordance with this Article.”
(5) In paragraph (5), after “member of the committee” insert “as the Lord Chief Justice shall designate”.
66 Omit Article 14 (recommendations by Rules Committee to Lord Chancellor).
67 In Article 15 (rules under or for the purpose of particular enactments), in paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
68 In Article 37 (discharge or committal for trial), in paragraph (5) omit “Without prejudice to Article 14,”.
69 In Article 168 (directions), omit “on the Lord Chancellor”.
70 The Pensions Tribunals (Northern Ireland) Rules 1981 is amended as follows.
71 In rule 2 (interpretation), in paragraph (1)—
(a) for the definition of “the Chairman” substitute—
““the Chairman” means the person who is chairman of a Tribunal in accordance with the Schedule to the Act (including any directions under paragraph 3A of that Schedule)”;
(b) in the definition of “the Deputy President” omit “by the Lord Chief Justice of Northern Ireland”;
(c) in the definition of “the President” omit “by the Lord Chief Justice of Northern Ireland”.
72 In rule 2A (functions of the President), in paragraph (2) after “Lord Chief Justice of Northern Ireland” insert “after consultation with the Lord Chancellor”.
73 The Mental Health (Northern Ireland) Order 1986 is amended as follows.
74 (1) Article 83 (procedure of tribunal) is amended as follows.
(2) In paragraph (1) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
(3) After paragraph (1) insert—
“(1A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (1)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
75 (1) Schedule 3 (Mental Health Review Tribunal for Northern Ireland) is amended as follows.
(2) In paragraph 1—
(a) in sub-paragraph (a) after “suitable” insert “after consultation with the Lord Chief Justice”;
(b) In sub-paragraph (b) and (c) omit “after consultation with the Head of the Department”.
(3) After paragraph 1 insert—
“1A (1) The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph 1(a)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).
(2) As part of the selection process for an appointment under paragraph 1(b) or (c) the Northern Ireland Judicial Appointments Commission shall consult the Head of the Department.”
76 In Schedule 6 to the Mental Health (Northern Ireland) Order 1986 (transitional provisions), omit paragraph 19.
77 The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.
78 In Article 80A (evidence through live links), in paragraph (6) after “Lord Chancellor” insert “, after consultation with the Lord Chief Justice,”.
79 In Article 81 (evidence through television links), in paragraph (8) after “Lord Chancellor” insert “, after consultation with the Lord Chief Justice,”.
80 The Insolvency (Northern Ireland) Order 1989 is amended as follows.
81 In Article 359 (insolvency rules), after paragraph (1) insert—
“(1A) Rules that affect court procedure may be made under paragraph (1) only with the concurrence of the Lord Chief Justice.
(1B) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (1A)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
82 (1) Article 360 (committee to review insolvency rules) is amended as follows.
(2) In paragraph (1) for “continue to be a committee appointed by the Lord Chancellor” substitute “be a committee appointed by the Lord Chief Justice”.
(3) In paragraph (2)(f) for “Lord Chancellor” substitute “Lord Chief Justice”.
(4) After paragraph (2) insert—
“(3) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
83 (1) Article 364 (insolvent partnerships) is amended as follows.
(2) In paragraph (1) after “concurrence of” insert “the Lord Chief Justice and”.
(3) After paragraph (1) insert—
“(1ZA) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (1)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
84 (1) Article 365 (insolvent estates of deceased persons) is amended as follows.
(2) In paragraph (1) after “concurrence of” insert “the Lord Chief Justice and”.
(3) After paragraph (1) insert—
“(1ZA) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (1)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
85 The Child Support (Northern Ireland) Order 1991 is amended as follows.
86 (1) Article 10 (role of the courts with respect to maintenance for children) is amended as follows.
(2) In paragraph (5), after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.
(3) After paragraph (5) insert—
“(5A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (5)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
87 (1) Article 42 (jurisdiction of courts in certain proceedings under this Order) is amended as follows.
(2) In paragraphs (1) and (3) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
(3) In paragraph (4) after “Lord Chancellor considers appropriate” insert “, after consultation with the Lord Chief Justice,”.
(4) After paragraph (4) insert—
“(5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this Article—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
88 (1) In the Registered Homes (Northern Ireland) Order 1992, Article 30 (constitution of panels for chairmen and members of Social Care Tribunals) is amended as follows.
(2) In paragraph (3) after “suitable” insert “after consultation with the Lord Chief Justice”.
(3) After paragraph (3) insert—
“(3A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (3)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
89 The Family Law (Northern Ireland) Order 1993 is amended as follows.
90 (1) Article 12 (family proceedings rules) is amended as follows.
(2) In paragraph (1) for the words from “which” to “court” substitute “which may make rules of court in accordance with Article 12A”.
(3) In paragraph (3) for “rules of court made under this Article” substitute “family proceedings rules”.
(4) In paragraph (4) for “Rules of court made under this Article” substitute “Family proceedings rules”.
(5) In paragraph (5)—
(a) after “this Article” insert “and Article 12A”;
(b) at the end insert—
““family proceedings rules” means rules of court made under this Article.”
91 After Article 12 insert—
(1) After making family proceedings rules the Committee must submit them to the Lord Chancellor.
(2) The Lord Chancellor may allow or disallow family proceedings rules submitted to him.
(3) Family proceedings rules have effect only if allowed by the Lord Chancellor.
(4) If the Lord Chancellor disallows family proceedings rules, the Lord Chancellor must give the Committee written reasons why he has disallowed them.
(5) Paragraph (6) applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for family proceedings rules to include provision that would achieve a purpose specified in the notice.
(6) The Committee must make such family proceedings rules as it considers necessary to achieve the specified purpose.
(7) Those rules must be—
(a) made within a reasonable period after the Lord Chancellor gives notice under paragraph (5);
(b) made in accordance with this Article.”
92 (1) In Schedule 2 (Northern Ireland Family Proceedings Rules Committee), paragraph 2 is amended as follows.
(2) That paragraph becomes sub-paragraph (1) of paragraph 2.
(3) In that sub-paragraph—
(a) in sub-paragraph (c) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”;
(b) in sub-paragraph (f) for “Lord Chancellor” substitute “Lord Chief Justice”.
(4) After that sub-paragraph insert—
“(2) The Lord Chief Justice may nominate any of the following to exercise his functions under this paragraph—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
93 The Children (Northern Ireland) Order 1995 is amended as follows.
94 In Article 4 (reports on child’s welfare), in paragraph (2) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
95 In Article 60 (representation of child and his interests in certain proceedings), in paragraph (8) for “Lord Chancellor” substitute “Lord Chief Justice”.
96 In Article 166 (appeals), in paragraph (14) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
97 In Article 169 (evidence given by, or with respect to, children), in paragraph (5) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.
98 In Article 170 (privacy for children involved in certain proceedings), in paragraph (5) after “requires it” insert “and if the Lord Chief Justice agrees”.
99 After Article 181 insert—
(1) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise a delegable function—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).
(2) In paragraph (1) “delegable function” means a function under any of these provisions of this Order—
(a) Article 4(2);
(b) Article 166(14);
(c) Article 169(5);
(d) Article 170(5);
(e) in Schedule 1, paragraph 6(2);
(f) in Schedule 7—
(i) paragraph 1(1), (2) and (4);
(ii) paragraph 2(1) and (5);
(iii) paragraph 3;
(iv) paragraph 4(4), (6)(a) and (7).”
100 In paragraph 6 of Schedule 1 (financial provision for children: provisions relating to lump sums), in sub-paragraph (2) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
101 (1) Schedule 7 (commencement of proceedings) is amended as follows.
(2) In paragraph 1 (commencement of certain proceedings in particular court), in sub-paragraphs (1), (2) and (4) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
(3) In paragraph 2 (transfer of proceedings)—
(a) in sub-paragraph (1) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”;
(b) in sub-paragraph (5) after “Lord Chancellor thinks appropriate” insert “, after consultation with the Lord Chief Justice,”.
(4) In paragraph 3 (emergency protection orders), after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
(5) In paragraph 4 (general)—
(a) in sub-paragraph (4) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice”;
(b) in sub-paragraph (6)(a) after “Lord Chancellor considers expedient” insert “, after consultation with the Lord Chief Justice”;
(c) in sub-paragraph (7) after “Lord Chancellor by order otherwise provides” insert “, after consultation with the Lord Chief Justice”.
102 (1) In the Education (Northern Ireland) Order 1996, Article 22 (constitution of Special Educational Needs Tribunal for Northern Ireland) is amended as follows.
(2) In paragraph (3)(a) after “suitable” insert “after consultation with the Lord Chief Justice”.
(3) After paragraph (3) insert—
“(3A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (3)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
103 (1) The Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 is amended as follows.
(2) In the Schedule, in rule 6 (appointment of tribunal)—
(a) in paragraph (3)(a) omit “but”;
(b) omit paragraph (3)(b).
104 The Northern Ireland Act 1998 is amended as follows.
105 In section 90 (effect of certificates), in subsection (2) for “made by the Lord Chancellor” substitute “made under section 91”.
106 (1) Section 91 (the National Security Certificates Tribunal) is amended as follows.
(2) In subsection (2), after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice of Northern Ireland,”.
(3) After subsection (2) insert—
“(2A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
107 (1) Section 92 (appeals from the Tribunal) is amended as follows.
(2) In subsection (3) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice of Northern Ireland,”.
(3) After subsection (3) insert—
“(3A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (3)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
108 (1) In Schedule 11 (tribunal established under section 91 of the Act), paragraph 5 (times and places of sittings in accordance with directions) is amended as follows.
(2) That paragraph becomes sub-paragraph (1) of paragraph 5.
(3) In that sub-paragraph, for “Lord Chancellor” substitute “Lord Chief Justice”.
(4) After that sub-paragraph insert—
“(2) The Lord Chief Justice may nominate any of the following to exercise his functions under this paragraph—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
109 The Family Homes and Domestic Violence (Northern Ireland) Order 1998 is amended as follows.
110 (1) Article 34 (jurisdiction of courts and procedure) is amended as follows.
(2) In paragraphs (3), (4) and (5) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
(3) In paragraph (7) after “Lord Chancellor thinks appropriate” insert “, after consultation with the Lord Chief Justice,”.
(4) In paragraph (9) after “Lord Chancellor” insert “, after consultation with the Lord Chief Justice,”.
Constitutional Reform Act 2005