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Justice Act (Northern Ireland) 2015

Type Act of the Northern Ireland Assembly

Publication 2015-07-24

Last updated 2023-11-27

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

“country” includes territory;

“custodial sentence” means—a sentence of imprisonment;a sentence of detention in a young offenders centre;a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008;a sentence of detention under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998;an order under Article 39 of that Order sending the offender to a juvenile justice centre;an order under Article 44A of that Order sending the offender to secure accommodation;any other sentence under which a person is detained in custody;

“detained in a hospital” means detained in a hospital under Part 3 of the Mental Health (Northern Ireland) Order 1986;

“home address” has the meaning given by section 65(4);

“interim violent offences prevention order” means an order made under section 61;

“qualifying offender” has the meaning given by section 58(1);

“specified offence” has the meaning given by section 55(3) and (4);

“violent offences prevention order” has the meaning given by section 55(1).

(2) References in this Part to “D” in relation to a violent offences prevention order, or an application for such an order, are references to the person in relation to whom the order has effect or is sought.

(3) References in this Part to protecting the public from the risk of serious violent harm caused by a person are to be read in accordance with section 55(2).

(4) References in this Part to a finding of the kind mentioned in section 58(2)(b) or (c) or (3)(b) or (c) include references to a case where a decision on appeal is to the effect that there should have been such a finding in the proceedings concerned.

(5) References in this Part to an offender subject to notification requirements are to be read in accordance with section 64.

(6) Reference in this Part to a conviction include references to a finding of a court in summary proceedings, where the court makes an order under Article 44(4) of the Mental Health (Northern Ireland) Order 1986 that the accused did the act charged.

PART 9 — MISCELLANEOUS

Jury service

Removal of maximum age for jury service

77

In Article 3(1) of the Juries (Northern Ireland) Order 1996 (persons qualified and liable for jury service) for “aged between 18 and 70 years” substitute “ aged over 18 years ”.

Preparation of jury lists

78

In Article 4(2) of the Juries (Northern Ireland) Order 1996 (selection from register of electors) omit sub-paragraph (b)(i).

Persons disqualified for jury service

79

In Schedule 1 to the Juries (Northern Ireland) Order 1996 (persons disqualified for jury service) after paragraph 1 insert—

(1A) Any person who has at any time been convicted of an offence and had imposed on him an indeterminate custodial sentence under Article 13 of the Criminal Justice (Northern Ireland) Order 2008

Persons ineligible for jury service

80

(1) Schedule 2 to the Juries (Northern Ireland) Order 1996 (persons ineligible for jury service) is amended as follows.

(2) After the entry relating to the Policing Board insert— “ Members of the National Crime Agency and National Crime Agency officers. ”.

(3) Omit the following entries— “ A person appointed for the purposes of Article 7(6) of the Treatment of Offenders (Northern Ireland) Order 1976. ” “ Members of the Royal Irish Regiment. ”.

Persons excusable as of right from jury service

81

(1) Schedule 3 to the Juries (Northern Ireland) Order 1996 (persons excusable from jury service as of right) is amended as follows.

(2) For the entry relating to Representatives to the European Parliament substitute— “ Members of the European Parliament ”.

(3) For the entry relating to the Secretary and any Director of the Northern Ireland Audit Office substitute— “ The Deputy Comptroller and Auditor General for Northern Ireland and any Assistant Auditor General for Northern Ireland ”.

(4) For the entry relating to persons aged between 65 and 70 years and the heading immediately before it substitute—

Persons aged over 70 years

Unpaid community service after early release

82

In Article 19 of the Criminal Justice (Northern Ireland) Order 2008 after paragraph (1) insert—

(1A) The Department may by regulations, having consulted the Probation Board, provide for a community service scheme, under which a person released under paragraph (1) may be required to engage in unpaid community service for the remaining period of the fixed term they would have served but for their early release.

Personal samples, DNA profiles and fingerprints

Power to take further fingerprints or non-intimate samples

83

(1) In Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting)—

(a) in paragraphs (5A) and (5B) for the words after “investigation” in sub-paragraph (b) substitute

but— (i) paragraph (4A)(a) or (b) applies, or (ii) paragraph (5C) applies.

;

(b) after paragraph (5B) insert—

(5C) This paragraph applies where— (a) the investigation was discontinued but subsequently resumed, and (b) before the resumption of the investigation the fingerprints were destroyed pursuant to Article 63B(2).”

(2) In Article 63 of that Order (non-intimate samples)—

(a) at the end of paragraph (3ZA)(b) insert

, or (iii) paragraph (3AA) applies.

;

(b) in paragraph (3A)(b) for “insufficient; or” substitute “insufficient, or

(iii) paragraph (3AA) applies; or

;

(3AA) This paragraph applies where the investigation was discontinued but subsequently resumed, and before the resumption of the investigation— (a) any DNA profile derived from the sample was destroyed pursuant to Article 63B(2), and (b) the sample itself was destroyed pursuant to Article 63P(2), (3) or (10).

(3) In Schedule 2A to that Order (fingerprinting and samples: power to require attendance at police station)—

(a) in paragraph 1 (fingerprinting: persons arrested and released)—

(i) in sub-paragraph (2) for “Article 61(5A)(b)” substitute “ Article 61(5A)(b)(i) ”;

(ii) after sub-paragraph (3) insert—

(4) The power under sub-paragraph (1) may not be exercised in a case falling within Article 61(5A)(b)(ii) (fingerprints destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.

;

(b) in paragraph 2 (fingerprinting: persons charged, etc.)—

(i) in sub-paragraph (2)(b) for “Article 61(5B)(b)” substitute “ Article 61(5B)(b)(i) ”;

(ii) at the end of sub-paragraph (2) insert “, or

(c) in a case falling within Article 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which the investigation was resumed.

;

(i) in sub-paragraph (2) for “within Article 63(3ZA)(b)” substitute “ within Article 63(3ZA)(b)(i) or (ii) ”;

(ii) after sub-paragraph (3) insert—

(4) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3ZA)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.

;

(d) in paragraph 10 (non-intimate samples: person charged etc.)—

(i) in sub-paragraph (3) for “within Article 63(3A)(b)” substitute “ within Article 63(3A)(b)(i) or (ii) ”;

(ii) after sub-paragraph (4) insert—

(5) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3A)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.

Retention of material: persons convicted of an offence in England and Wales or Scotland

84

After Article 63G of the Police and Criminal Evidence (Northern Ireland) Order 1989 insert—

(63GA) (1) This Article applies to Article 63B material which does not fall within Article 63G (2). (2) If the material relates to a person who has been convicted under the law in force in England and Wales of a recordable offence within the meaning of section 118(1) of PACE (“an EW recordable offence”) Articles 63D, 63E, 63H and 63L apply as if— (a) references in Article 63D(2) and (14), 63E(2) 63H(1)(a)(ii) and (5) and 63L(3)(b) to a person being convicted of a recordable offence included references to a person being convicted of an EW recordable offence (and section 65B(1) of PACE (meaning of “convicted”) applies for that purpose); (b) references in Article 63D(14) to a qualifying offence included references to a qualifying offence within the meaning of section 65A of PACE; (c) references in Article 63D(14) and 63H(2) to (4) to a custodial sentence included references to a relevant custodial sentence within the meaning of section 63K(6) of PACE. (3) If the material relates to a person who has been convicted under the law in force in Scotland of an offence which is punishable by imprisonment (“a relevant Scottish offence”) Article 63D, 63E, 63H and 63L apply as if— (a) references in Article 63D(2) and (14), 63E(2) 63H(1)(a)(ii) and (5) and 63L(3)(b) to a person being convicted of a recordable offence included references to a person being convicted of a relevant Scottish offence; (b) references in Article 63D(14) to a qualifying offence included references to— (i) a relevant sexual offence and a relevant violent offence within the meaning of section 19A of the Criminal Procedure (Scotland Act) 1995; and (ii) an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008; (c) references in Article 63D(14) and 63H(2) to (4) to a custodial sentence included references to a sentence of imprisonment or detention. (4) In this Article “PACE” means the Police and Criminal Evidence Act 1984.

Retention of DNA profiles or fingerprints: persons given a prosecutorial fine

85

After Article 63K of the Police and Criminal Evidence (Northern Ireland) Order 1989 insert—

(63KA) (1) This Article applies to Article 63B material which— (a) relates to a person who is given a prosecutorial fine notice under section 18 of the Justice Act (Northern Ireland) 2015, and (b) was taken (or, in the case of a DNA profile, derived from a sample taken) from the person in connection with the investigation of the offence (or one of the offences) to which the notice relates. (2) The material may be retained— (a) in the case of fingerprints, for a period of 2 years beginning with the date on which the fingerprints were taken, (b) in the case of a DNA profile, for a period of 2 years beginning with— (i) the date on which the DNA sample from which the profile was derived was taken, or (ii) if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.

Power to retain DNA profile or fingerprints in connection with different offence

86

For Article 63N of the Police and Criminal Evidence (Northern Ireland) Order 1989 (Article 63B material obtained for one purpose and used for another) substitute—

(63N) (1) Paragraph (2) applies if— (a) Article 63B material is taken (or, in the case of a DNA profile, derived from a sample taken) from a person in connection with the investigation of an offence, and (b) the person subsequently— (i) is arrested for or charged with a different offence, (ii) is convicted of a different offence, (iii) is given a penalty notice or a prosecutorial fine notice in respect of a different offence; (iv) is given a caution in respect of a different offence committed when the person is under the age of 18; or (v) completes a diversionary youth conference process with respect to a different offence. (2) Articles 63C to 63M and Articles 63O and 63Q have effect in relation to the material as if the material were also taken (or, in the case of a DNA profile, derived from a sample taken)— (a) in connection with the investigation of the offence mentioned in paragraph (1)(b), (b) on the date on which the person was arrested for that offence or, if the person was not arrested, on the date on which the person— (i) was charged with the offence or given a penalty notice or prosecutorial fine in respect of the offence, or (ii) was cautioned in respect of the offence; or (iii) completed the diversionary youth conference process with respect to the offence. (3) Paragraph (3) of Article 63J applies for the purposes of this Article as it applies for the purposes of Article 63J.

Retention of personal samples that are or may be disclosable

87

In Article 63R of the Police and Criminal Evidence (Northern Ireland) Order 1989 (exclusions for other regimes)—

(a) in paragraph (5) (material that is or may become disclosable to the defence) for “Articles 63B to 63O and 63Q” substitute “ Articles 63B to 63Q ”;

(b) after that paragraph insert—

(5A) A sample that— (a) falls within paragraph (5), and (b) but for that paragraph would be required to be destroyed under Article 63P, must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken. (5B) A sample that once fell within paragraph (5) but no longer does, and so becomes a sample to which Article 63P applies, must be destroyed immediately if the time specified for its destruction under that Article has already passed.

Early guilty pleas

Sentencing court to indicate sentence which would have been imposed if guilty plea entered at earliest reasonable opportunity

88

(1) Subsection (2) applies where in any criminal proceedings a person (“D”) is convicted of an offence and—

(a) D did not at any stage of the proceedings plead guilty to the offence; or

(b) D's plea of guilty to the offence (or D's indication of intention to plead guilty) was not, in the opinion of the court, entered (or given) at the earliest reasonable opportunity.

(2) The court in sentencing D for the offence must indicate the sentence which the court would have imposed for the offence if D had pleaded guilty to the offence (or indicated D's intention to do so) at the earliest reasonable opportunity in the proceedings.

(3) For the purposes of this section—

(a) a plea of guilty which is changed to a plea of not guilty is to be disregarded;

(b) an indication of intention to plead guilty is to be disregarded if a plea of not guilty is actually entered.

Sexual offences against children

Meeting a child following sexual grooming etc.

89

In Article 22(1)(a) of the Sexual Offences (Northern Ireland) Order 2008 (meeting a child following sexual grooming etc.) for “on at least two occasions” substitute “ on one or more occasions ”.

Sexual communication with a child

90

(1) In the Sexual Offences (Northern Ireland) Order 2008 after Article 22 insert—

(22A) (1) A person aged 18 or over (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B), (b) the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and (c) B is under 16 and A does not reasonably believe that B is 16 or over. (2) For the purposes of this Article, a communication is sexual if— (a) any part of it relates to sexual activity, or (b) a reasonable person would, in all the circumstances but regardless of any person's purpose, consider any part of the communication to be sexual; and in sub-paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual. (3) A person guilty of an offence under this Article is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

(2) In Article 4 of that Order (meaning of “sexual”) after “except” insert “ Article 22A (sexual communication with a child) or ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In the Criminal Justice (Northern Ireland) Order 2008 in Part 2 of Schedule 2 (specified sexual offences) in paragraph 14A after the entry relating to Article 22 of the Sexual Offences (Northern Ireland) Order 2008 insert— “ Article 22A (sexual communication with a child), ”.

Avoiding delay in criminal proceedings

General duty to progress criminal proceedings

91

In relation to criminal proceedings in the Crown Court or a magistrates' court, it is the duty of the court, the prosecution and the defence to reach a just outcome as swiftly as possible.

Case management regulations

92

(1) The Department may make regulations in relation to the management and conduct of criminal proceedings in the Crown Court or a magistrates' court.

(2) The regulations may impose duties on—

(a) the court;

(b) the prosecution; and

(3) The regulations may confer functions on the court in relation to the active case management of criminal cases.

(4) Active case management includes in particular—

(a) the early identification of the real issues;

(b) the early identification of the needs of witnesses;

(c) achieving certainty as to what must be done, by whom, and when, in particular by the early setting of a timetable for the progress of the case;

(d) monitoring the progress of the case and compliance with directions;

(e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;

(f) discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and avoiding unnecessary hearings;

(g) encouraging the participants to co-operate in the progression of the case;

(h) making use of technology; and

(i) giving any direction appropriate to the needs of that case as early as possible.

(5) The regulations must in particular take account of the need to identify and respect the needs of—

(a) victims,

(b) witnesses, particularly those to whom Article 4(2) of the Criminal Evidence (Northern Ireland) Order 1999 may apply; and

(6) Before making any regulations under this section the Department must consult—

(a) the Lord Chief Justice;

(b) the Director of Public Prosecutions;

(d) the Law Society of Northern Ireland.

Public Prosecutor's summons

Public Prosecutor’s summons

93

(1) Where a complaint has been made by a Public Prosecutor to a lay magistrate ... that a person has, or is suspected of having, committed a summary offence ..., the Public Prosecutor may issue a summons directed to that person requiring that person to appear before a magistrates' court to answer to the complaint.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a Public Prosecutor has made a complaint to a lay magistrate ... that a person has, or is suspected of having, committed an indictable offence ... the Public Prosecutor may issue a summons requiring that person to appear before a magistrates' court.

(4) Where a Public Prosecutor is satisfied that a summons issued under subsection (1) has not been served, the Public Prosecutor may, without a complaint being made to a lay magistrate, re-issue the summons extending the time for the appearance of the person summoned.

(5) Any existing statutory provision which applies to a complaint made or summons issued under paragraph (1), (2), (3) or (4A) of Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 shall apply (with appropriate modifications) to a complaint made or summons issued by a Public Prosecutor under the corresponding subsection of this section.

(6) In this section “Public Prosecutor” has the meaning given in section 29(5) of the Justice (Northern Ireland) Act 2002.

Defence access to premises

94

(1) Where a person charged with an offence appears or is brought before a court in connection with that offence, the court may, on the application of that person, make an order under this section for access by or on behalf of that person to any premises specified in the order.

(2) Where a person convicted of an offence appeals against that conviction, the court to which the appeal lies may, on the application of that person, make an order under this section for access by or on behalf of that person to any premises specified in the order.

(3) In this section—

(a) in relation to an order made under subsection (1), “D” and “the court” mean, respectively, the person and the court referred to in that subsection;

(b) in relation to an order made under subsection (2), “D” and “the court” mean, respectively, the person and the court referred to in that subsection;

(d) “specified”, in relation to an order under this section, means specified in the order.

(4) The court shall not make an order under this section in relation to any premises unless it is satisfied that—

(a) access to the premises is required to ensure compliance with Article 6 of the European Convention on Human Rights; and

(b) the order is an appropriate means of securing such access.

(5) An order under this section for access to any premises authorises the specified persons—

(a) to enter those premises;

(b) to inspect those premises and anything on those premises;

(6) An order under this section does not of itself authorise the release of D from custody.

(7) An order under this section may include conditions in connection with the access granted by the order to any premises including conditions—

(a) requiring the specified persons to be accompanied by a police officer at all times while on the premises;

(b) as to the date and time of day when access to the premises is to take place;

(d) as to such other matters as the court thinks fit.

(8) An order under this section authorises entry to the specified premises on one occasion only; but nothing in this section prevents a court from making more than one order in relation to any premises.

(9) An application to a court for an order under this section in relation to any premises is to be made in accordance with the rules governing the practice and procedure of that court; and such rules may in particular provide for—

(a) notice of the making of the application to be served on the occupier of the premises and any other persons appearing to the court to have an interest in the matter; and

(b) for such persons to have an opportunity to make representations to the court as to the conditions to be imposed in relation to any order made under this section.

Court security officers

Powers of court security officers

95

At the end of Schedule 3 to the Justice (Northern Ireland) Act 2004 (court security officers) add—

(8) Any power of a court security officer exercisable in, or in relation to, the relevant building, is also exercisable in, or in relation to, any place within the boundary of the land on which the building stands; and references in this Schedule to a relevant building are to be construed accordingly

Causing or allowing child or vulnerable adult to suffer serious physical harm

96

(1) Section 5 of the Domestic Violence, Crime and Victims Act 2004 (offence of causing or allowing the death of a child or vulnerable adult) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) after “dies” insert “ or suffers serious physical harm ”;

(b) in paragraph (d) for “V's death” substitute “ the death or serious physical harm ”.

(3) In subsection (3)(a) for “V's death” substitute “ the death or serious physical harm ”.

(4) In subsection (4)(b) for “V's death” substitute “ the death or serious physical harm ”.

(5) In subsection (7) after “this section” insert “ of causing or allowing a person's death ”.

(6) After that subsection insert—

(8) A person guilty of an offence under this section of causing or allowing a person to suffer serious physical harm is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine, or to both.

(7) For the cross-heading before section 5 substitute “ Causing or allowing a child or vulnerable adult to die or suffer serious physical harm ”.

(8) Schedule 6 (which contains amendments consequential on this section) has effect.

Domestic violence protection notices and orders

97

Schedule 7 (which makes provision about domestic violence protection notices and orders) has effect.

Youth justice

Aims of youth justice system

98

In section 53 of the Justice (Northern Ireland) Act 2002 (Aims of youth justice system) for subsection (3) substitute—

(3) But all such persons and bodies must also— (a) have the best interests of children as a primary consideration; and (b) have regard to the welfare of children affected by the exercise of their functions (and to the general principle that any delay in dealing with children is likely to prejudice their welfare), with a view (in particular) to furthering their personal, social and educational development.

Amendment to section 10 of the Criminal Justice Act (Northern Ireland) 2013

99

(1) Section 10 of the Criminal Justice Act (Northern Ireland) 2013 (release on licence of child convicted of serious offence) is amended as follows.

(2) Omit subsection (5).

(3) For subsection (6) substitute—

(6) Subsection (7) applies where— (a) on commencement a person is detained in pursuance of a sentence under Article 45(2) of the 1998 Order, and (b) that person is a person whose licence has been revoked under Article 46(2) of the 1998 Order.

Salary of Lands Tribunal members

100

(1) Section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 is amended as follows.

(2) For subsections (5) and (5A) substitute—

(5) There shall be paid to the members of the Lands Tribunal appointed under section 1(2) such remuneration as the Department of Justice may determine.

Amendment to Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

101

(1) Section 21 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (independent guardian) is amended as follows.

(2) In subsection (4) for paragraph (a) (which requires arrangements to be made with a charity registered under the Charities Act (Northern Ireland) 2008) substitute—

(a) be made with a charity;

(3) In subsection (11) (definitions) after the definition of “administrative decision” insert—

“charity” means an institution which is— (a) a charity within the meaning of section 1 of the Charities Act (Northern Ireland) 2008 or treated as such a charity by virtue of the Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2013; (b) a charity within the meaning of section 1 of the Charities Act 2011; or (c) a charity within the definition set out in section 106 of the Charities and Trustee Investment (Scotland) Act 2005;

PART 10 — SUPPLEMENTARY PROVISIONS

Regulations, orders and directions

102

(1) Except as provided by subsection (2), regulations made by the Department under this Act are subject to negative resolution.

(2) Regulations under sections 65 to 69 shall not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

(3) Except as provided by subsections (4) to (6), orders made by the Department under this Act are subject to negative resolution.

(4) Subsection (3) does not apply to an order under section 106(2).

(5) An order under section 31(3) is subject to negative resolution only if it is made without a draft of the order having been laid before and approved by a resolution of the Assembly.

(6) No order to which this subsection applies may be made unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

(7) Subsection (6) applies to—

(a) an order under section 4(7), 11(4), 50(11), 51(12) or paragraph 10 of Schedule 7;

(b) an order under section 6(2) containing provision which amends or repeals a provision of an Act of Parliament or Northern Ireland legislation.

(8) Regulations and orders made by the Department under this Act may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient.

(9) A power to give directions under this Act includes power—

(a) to amend or revoke the directions;

(b) to include in the directions such incidental, supplementary, transitional and saving provisions as appear to the person giving the directions to be necessary or expedient.

Interpretation

103

(1) In this Act—

“the Department” means the Department of Justice;

“Northern Ireland” has the meaning given by the Northern Ireland Act 1998;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954; and “existing statutory provision”, in any provision of this Act, means a statutory provision passed or made before the coming into operation of that provision.

(2) In any provision of this Act “commencement” means the date on which that provision comes into operation.

Transitional provisions, etc.

104

Schedule8 (which contains transitional provisions and savings) has effect.

Repeals

105

The statutory provisions set out in Schedule9 are repealed to the extent specified in the second column of that Schedule.

Commencement

106

(1) The following provisions of this Act come into operation on the day after this Act receives Royal Assent—

(a) section 36 and Schedule 3;

(b) sections 89 and 90;

(d) section 104 and Schedule 8;

(e) this section;

(f) paragraph 10 of Schedule 7 and section 97 so far as relating to that paragraph;

(g) in Schedule 9, Part 6 (and section 105 so far as relating to that Part).

(2) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.

(3) Without prejudice to section 102(8), an order under subsection (2) may contain such transitional or transitory modifications of this Act as appear to the Department to be necessary or expedient in connection with any provision brought into operation by the order.

Short title

107

This Act may be cited as the Justice Act (Northern Ireland) 2015.

SCHEDULE 1

The Gaming Act (Ireland) 1739 (c. 8)

1

In section 16 (bringing of actions) omit the words from “and shall be laid” to the end.

The Forcible Entry Act (Ireland) 1786 (c. 24)

2

In section 65 (indictments) for “some one or more of the justices of the peace of the county, county of the city or town where such indictment shall be made” substitute “a district judge (magistrates' courts)”.

The Parliamentary Representation Act (Ireland) 1800 (c. 29)

3

In section 7 (writs) for “crown office in Ireland” and “crown office of Ireland” substitute “ chief clerk ”.

The Tolls (Ireland) Act 1817 (c. 108)

4

In section 7 (schedule of tolls) for “chief clerk for the county court division where such custom, toll, or duty may be claimed,” substitute “ chief clerk ”.

The Tithe Rentcharge (Ireland) Act 1838 (c. 109)

5

In section 27 (recovery of rent-charge) omit “wherein the lands charged therewith may be situate”.

The Defence Act 1842 (c. 94)

6

In section 24 (compensation)—

(a) for “two justices of the peace of the county, riding, stewartry, city or place” substitute “ a court of summary jurisdiction ”;

(b) for “such justices” substitute “ that court ”.

The Fisheries (Ireland) Act 1842 (c. 106)

7

(1) In section 92 (byelaws) for the words from “deposited with” to “in each such petty sessions district” substitute “ deposited with the clerk of petty sessions who shall publish notice of the lodgement; ”.

(2) In section 103 omit “in the district where the same shall be seized”.

The Companies Clauses Consolidation Act 1845 (c. 16)

8

(1) In section 3 (interpretation) omit “acting for the place where the matter requiring the cognizance of any such justice shall arise and”.

(2) In section 161 (deposit of copies of special Act) for the words from “deposit in the office” to “into which the works shall extend” substitute “ deposit in the office of the chief clerk ”.

The Lands Clauses Consolidation Act 1845 (c. 18)

9

In section 150 (deposit of copies of special Act) for the words from “deposit in the office” to “into which the works shall extend” substitute “ deposit in the office of the chief clerk ”.

The Railways Clauses Consolidation Act 1845 (c. 20)

10

(1) In section 7 (correction of plans) for the words from “deposited with” to “shall be situate” substitute “ deposited with the chief clerk ”.

(2) In section 8 (deposit of plans) for the words from “deposited with” to “intended to pass” substitute “ deposited with the chief clerk ”.

(3) In section 11 (limitation of deviation)—

(a) for the words from “two or more justices” to “may be situated” substitute “ a court of summary jurisdiction ”;

(b) omit the words from “Provided also, that” to the end.

(4) In section 59 (consent to level crossing)—

(a) for the words from “any two or more justices” to “is situate, and assembled in petty sessions” substitute “ a court of summary jurisdiction ”;

(b) for “such justices” substitute “ that court ”.

The Ejectment and Distress (Ireland) Act 1846 (c. 111)

11

In section 16 for the words from “apply to any one” to “fixed in such summons” substitute “apply to a district judge (magistrates' courts) for the redress of his grievance, whereupon the district judge shall summon the person complained of to appear before a court of summary jurisdiction at a reasonable time to be fixed in the summons.”.

The Markets and Fairs Clauses Act 1847 (c. 14)

12

(1) In section 7 (correction of errors) for “the chief clerk for the county court division in which the lands affected thereby shall be situated” substitute “ the chief clerk ”.

(2) In section 50 (annual account) for “the chief clerk for the county court division in which the market or fair is situate” substitute “ the chief clerk ”.

(3) In section 58 (deposit of special Act) for the words from “deposit in” to “is situate” substitute “ deposit in the office of the chief clerk ”.

The Commissioners Clauses Act 1847 (c. 16)

13

(1) In section 95 for “the chief clerk for the county court division where the undertaking is situate” substitute “ the chief clerk ”.

(2) In section 110 (copies of special Act) for the words from “deposit in” to “is situate” substitute “ deposit in the office of the chief clerk ”.

The Harbours, Docks and Piers Clauses Act 1847 (c. 27)

14

(1) In section 7 (correction of plans) for the words from “be deposited in” to “are situate” substitute “ be deposited with the chief clerk ”.

(2) In section 8 (alterations to plans) for the words from “deposited with the said” to “is situate” substitute “ deposited with the chief clerk ”.

(3) In section 50 (annual account) for the words from “charge, to the” to “is situate” substitute “ charge, to the chief clerk ”.

(4) In section 97 (copies of special Act) for the words from “deposit in” to “is situate” substitute “ deposit in the office of the chief clerk ”.

The Towns Improvement Clauses Act 1847 (c. 34)

15

(1) In section 3 (interpretation)—

(a) in the definition of “justice” for the words from “shall mean” to “arises” substitute “ shall mean a lay magistrate ”;

(b) in the definition of “quarter sessions” for the words from “shall mean” to the end substitute “ shall mean the county court ”.

(2) In section 20 (correction of errors) for “the chief clerk for the county court division in which the lands affected thereby shall be situated” substitute “ the chief clerk ”.

(3) In section 214 (copies of special Act) for the words from “deposit in” to “is situated” substitute “ deposit in the office of the chief clerk ”.

The Cemeteries Clauses Act 1847 (c. 65)

16

(1) In section 7 (correction of errors) for the words from “deposited with” to “shall be situated” substitute “ deposited with the chief clerk ”.

(2) In section 60 (annual accounts) for the words from “charge, to the” to “is situated” substitute “ charge, to the chief clerk ”.

(3) In section 66 (copies of special Act) for the words from “deposit in” to “is situated” substitute “ deposit in the office of the chief clerk ”.

The Vagrancy (Ireland) Act 1847 (c. 84)

17

In section 8 (interpretation) for the words from “any justice” to “town corporate” substitute “any lay magistrate or district judge (magistrates' courts)”.

The Town Police Clauses Act 1847 (c. 89)

18

In section 77 (copies of special Act) for the words from “deposit in” to “is situated” substitute “ deposit in the office of the chief clerk ”.

The Railway Act (Ireland) 1851 (c. 70)

19

(1) In section 4 (deposit of maps) for the words from “or so much thereof as relates” to the end substitute “ with the chief clerk ”.

(2) In section 8 (notice of appointment of arbitrator) for the words “with the chief clerks for the county court division” substitute “ with the chief clerk ”.

(3) In section 11 (retention of documents) for the words from the beginning to “hereby” substitute “ The chief clerk is hereby ”.

The Fines Act (Ireland) 1851 (c. 90)

20

(1) In section 6 (enforcement) for “two justices of the county” substitute “district judge (magistrates' courts)”.

(2) In section 8 (penalties) for “two justices of the county” substitute “district judge (magistrates' courts)”.

The Summary Jurisdiction (Ireland) Act 1851 (c. 92)

21

In section 1 (jurisdiction of justices) omit—

(a) “within his or their respective jurisdictions”; and

(b) “(when the case shall be heard in any petty sessions district)”.

The Petty Sessions (Ireland) Act 1851 (c. 93)

22

(1) In section 26(3) (execution of warrants) for the words from “at any place” to “adjoining county” substitute “ at any place ”.

(2) In section 28 (backing of warrants) for the words from “are not to be found” to “in any of the places” substitute “ are in any of the places ”.

(3) In section 31 (execution of warrant) for the words from “or peace officers” to the end substitute “to execute the warrant by arrest, committal, or levy, as the case may be, and in the case of a warrant to arrest any person and convey him when arrested before any district judge (magistrates' courts) to be dealt with according to law.”.

The Boundary Survey (Ireland) Act 1854 (c. 17)

23

In section 12 (alteration of boundary) for the words from “transmitted to” to “way relate” substitute “ transmitted to the chief clerk ”.

The Towns Improvement (Ireland) Act 1854 (c. 103)

24

In section 1 (interpretation) omit the definition of “assistant barrister”.

The Boundary Survey (Ireland) Act 1859 (c. 8)

25

In section 4 (publication of order) for the words from “transmitted to” to “way relate” substitute “ transmitted to the chief clerk ”.

The Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)

26

In section 3 (offenders) for the words from “taken before” to the end substitute “taken before a district judge (magistrates' courts) to be dealt with according to law.”.

The Tramways (Ireland) Act 1860 (c. 152)

27

In section 33 (entry to land)—

(a) for the words from “under the hand” to “not having” substitute “under the hand of a district judge (magistrates' courts) who does not have”;

(b) for the words from “fixed by” to “same district” substitute “fixed by a district judge (magistrates' courts)”.

The Landlord and Tenant Law Amendment Act (Ireland) 1860 (c. 154)

28

(1) In section 35 (restraint of waste)—

(a) for the words from “satisfy” to “of the county” substitute “satisfy a district judge (magistrates' courts)”;

(b) for the words from “at the next” to “premises are situate” substitute “ at the next petty sessions ”.

(2) In sections 63 and 69 (deposit of sums due) for “chief clerk for the county court division” substitute “ chief clerk ”.

(3) In section 79 (view of lands) for the words from “lawful for” to “shall be situate and” substitute “lawful for a district judge (magistrates' courts)”.

(4) In Schedule (A) (forms) omit “for the county of M,” (wherever occurring).

The Railways Act (Ireland) 1864 (c. 71)

29

In section 14 (value of crops) for the words from “determined by” to the end substitute “determined by a district judge (magistrates' courts)”.

The Dockyard Ports Regulation Act 1865 (c. 125)

30

Omit section 22 (jurisdiction of justices over vessels).

The Promissory Oaths Act 1871 (c. 48)

31

In section 2 (persons who may take oaths) for the words from “or at the” to the end substitute “ or at the county court ”.

The Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871 (c. 49)

32

In section 23 (register books) for the words from “information thereof to” to “solemnized” substitute “information thereof to a district judge (magistrates' courts)”.

The Public Health (Ireland) Act 1878 (c. 52)

33

(1) In section 2 (interpretation) omit the definition of “court of quarter sessions”.

(2) In section 269 (appeals) for subsection (1) substitute—

(1) The appeal shall be made to the county court.

The Settled Land Act 1882 (c. 38)

34

In section 46(10) (payment into court) for the words from “be exercised by” to the end substitute “ be exercised by the county court ”.

The Married Women's Property Act 1882 (c. 75)

35

In section 17 (summary decision of questions) for the words from “in a summary way” to “and the court” substitute “ in a summary way to the High Court or a county court and the court ”

The Explosive Substances Act 1883 (c. 3)

36

In section 6(1) (inquiry into crimes) omit—

(a) “for the county, borough, or place in which the crime was committed or is suspected to have been committed”;

(b) “in the said county, borough, or place”.

The Bills of Sale (Ireland) Act (1879) Amendment Act 1883 (c. 7)

37

In section 11 (registration) for the words from “transmit” to the end of the first paragraph substitute “ transmit an abstract in the prescribed form of the contents of such bill of sale to the chief clerk. ”.

The Local Government (Ireland) Act 1898 (c. 37)

38

In section 69 (boundaries)—

(a) in subsection (3) omit the words from “provided that” to the end;

(b) omit subsections (4) and (5).

The Open Spaces Act 1906 (c. 25)

39

In section 4(2) (transfer of open space) omit the words from “of the district” to the end.

The Summary Jurisdiction (Ireland) Act 1908 (c. 24)

40

In sections 1(2) and 2(2) (habitual drunkards) for the words from “anyone holding” to the end substitute “ any justice of the peace ”.

The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

41

In section 11(b) omit the words “and as if after the words “petty sessions” there were inserted “ for the petty sessions district for which the court which made the order acts ”.”.

The Government Annuities Act 1929 (c. 29)

42

In section 48(1) (power to recover in county court) omit the words from “of the district in which the contract” to the end.

The Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 (c. 13)

43

Omit section 42 (abolition of town courts).

The Water Supplies and Sewerage Act (Northern Ireland) 1945 (c. 17)

44

In section 16(1) (interpretation) omit the definition of “County Court”.

The Agriculture Act (Northern Ireland) 1949 (c. 2)

45

In section 17 (appeals) omit—

(a) in subsection (1) the words “having jurisdiction for the area in which the land to which the notice relates is situate”;

(b) subsection (3).

The Maintenance Orders Act 1950 (c. 37)

46

(1) In section 17(1)(b) (registration of maintenance orders) omit “acting for the same petty sessions district as the court which made the order”.

(2) In section 22(1J)(a) (discharge and variation of maintenance orders) omit the words from “and as if” to the end.

The Foyle Fisheries Act (Northern Ireland) 1952 (c. 5)

47

(1) In section 6 (deposit of certain documents) for paragraphs (a) and (b) substitute—

(a) with the chief clerk and clerk of petty sessions; and

(2) In section 55(11) omit the words from “sitting for the petty sessions district” to the end.

(3) In section 64 (disposal of things seized) omit “sitting for the petty sessions district in which it was seized”.

The Interpretation Act (Northern Ireland) 1954 (c. 33)

48

(1) Section 42 (definitions for judicial purposes) is amended as follows.

(2) In subsection (1) in the definition of “county court” omit “for a division”.

(3) Omit subsection (2).

The Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1958 (c. 9)

49

In section 16(2) for the words from “clerk of the petty sessions district” to the end substitute “ clerk of petty sessions ”.

The Coroners Act (Northern Ireland) 1959 (c. 15)

50

(1) In section 18 (jury to be summoned in certain cases) for subsection (3) substitute—

(3) In subsection (1) the reference to the Juries Officer is a reference to the Juries Officer for the division which includes the place specified by the coroner under that subsection; and “Juries Officer” and “division” have the same meanings as in the Juries (Northern Ireland) Order 1996.

(2) In section 31(2) (verdicts)—

(a) omit “county court”;

(b) at the end add “; and in this subsection “Juries Officer” and “division” have the same meanings as in the Juries (Northern Ireland) Order 1996.”.

The County Courts Act (Northern Ireland) 1959 (c. 25)

51

In section 102 (appointment and assignment of judges)—

(a) in subsection (3) for “for any division” substitute “ in any county court ”;

(b) in subsection (4) for “shall assign one or more judges to each division” substitute “ may assign a judge to one or more division ”;

(c) in subsection (6) at the end add “ and “division” means an administrative court division specified under section 2 of the Justice Act (Northern Ireland) 2015 for all or the residual purposes of a county court. ”.

The Northern Ireland Act 1962 (c. 3)

52

In section 29(1) (interpretation) omit the definition of “county court”.

The Agricultural Produce (Meat Regulation and Pig Industry) Act (Northern Ireland) 1962 (c. 13)

53

In section 13(4)(b) (licences, etc.) omit the words from “for the division in which are situated” to the end.

The Electoral Law Act (Northern Ireland) 1962 (c. 14)

54

In section 110(2) (recovery of sums) omit the words from “acting for” to “was arrested”.

The Caravans Act (Northern Ireland) 1963 (c. 17)

55

(1) In section 7(1) (appeal against conditions of site licence) for “the court of summary jurisdiction acting for the petty sessions district in which the land is situated” substitute “ a court of summary jurisdiction ”.

(2) In section 8(2) (appeal against alteration of site licence) for “the court of summary jurisdiction acting for the petty sessions district in which the land to which the site licence relates is situated” substitute “ a court of summary jurisdiction ”.

The Agricultural Marketing Act (Northern Ireland) 1964 (c. 13)

56

In section 13(5) (appeals) omit the words from “for any division” to the end.

The Magistrates' Courts Act (Northern Ireland) 1964 (c. 21)

57

(1) Omit section 3 (justices of the peace).

(2) In section 9 (appointment and assignment of district judges (magistrates' courts))—

(a) in subsection (4) for “in any petty sessions district” substitute “in any magistrates' court”;

(b) in subsection (5) for “petty sessions districts” substitute “ divisions ”;

(6) In subsection (5) “division” means an administrative court division specified under section2 of the Justice Act (Northern Ireland) 2015 for all or the residual purposes of a magistrates' court.

The Fisheries Act (Northern Ireland) 1966 (c. 17)

58

(1) In section 170 (appointment of private water bailiffs)—

(a) in subsection (2) omit the words from “sitting for” to the end;

(b) in subsection (5) for the words from “within the petty sessions district” to “district is one, the court” substitute “ a court of summary jurisdiction ”;

(2) In section 180 (disposal of things seized) omit the words from “sitting for the petty sessions district” to “was seized”.

(3) In section 188 (offences at sea)—

(a) in subsection (1) for the words from the beginning to “in that district” substitute “ The jurisdiction of any court of summary jurisdiction or lay magistrate ” and omit “within that district”;

(b) in subsection (2) for the words “any resident magistrate or justice of the peace” substitute “ lay magistrate ” and omit the words “within the petty sessions district for which that court sits or in which that magistrate or justice has authority”.

(4) In section 197(1) omit “for the petty sessions district in which that person resides, or in which the offence was committed”.

(5) In Schedule 5A (renewal of appointment of private water bailiff) in paragraph 5 in the definition of “the court” omit the words from “sitting for the petty sessions district” to the end.

The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35)

59

In section 11(2)(b) (registration of orders) omit “acting for the petty sessions district in which the defendant appears to be”.

The Medicines Act 1968 (c. 67)

60

In Schedule 3 (sampling) in paragraph 28(2) omit the words from “for the district” to the end.

The Treatment of Offenders Act (Northern Ireland) 1968 (c. 29)

61

In section 21 (suspended sentences)—

(a) in subsection (1) omit the words from “having jurisdiction in the county court division” to “he is convicted”;

(b) in subsection (3) omit “having jurisdiction in the place where he is arrested”.

The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

62

(1) In section 178 (assessors for county court)—

(a) in subsection (1) omit “appropriate”;

(b) in subsection (4) omit the definition of “appropriate lay magistrate”.

(2) In Schedule 2 (constitution of juvenile court)—

(a) in paragraph 3(1) omit the words from “for the county court division” to “adjoins that county court division”;

(b) omit paragraph 7;

The Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24)

63

In section 67(6)(a) (dissolution of society) omit “for the district where the registered office of the society is situate”.

The Immigration Act 1971 (c. 77)

64

(1) In section 25D (detention of ship, aircraft or vehicle) in subsection (6) for paragraph (c)(i) and (ii) substitute—

(i) if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;

(2) In section 28K (execution of warrant) in subsection (9)(b) omit “for the petty sessions district in which the premises are situated”.

(3) In Schedule 2 (control on entry)—

(a) in paragraph 24(2)(a) omit “acting for the petty sessions area in which he is arrested”;

(b) in paragraph 33(2)(a) omit “acting for the petty sessions area in which he is arrested”.

(4) In Schedule 3 (deportation)—

(a) in paragraph 6(3)(b) omit “acting for the county court division where the person to whom the application relates resides”;

(b) in paragraph 8(1) omit “for the petty sessions district in which he was arrested”.

The Civil Evidence Act (Northern Ireland) 1971 (c. 36)

65

In section 8(5) (findings of adultery and paternity as evidence in civil proceedings)—

(a) in the definition of “matrimonial proceedings” omit “divorce”; and

(b) omit the words “ “divorce county court” has the same meaning as in the Matrimonial Causes (Northern Ireland) Order 1978 and”.

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

66

(1) In section 9(1ZB)(b) (variation and revocation of registered orders) omit the words from “and as if” to the end.

(2) Omit section 17(4) (proceedings in magistrates' courts).

(3) In section 18(2) (rules) after “subsection (1) above” insert “ (other than paragraph (a)) ”.

(4) In section 26(6)(b) (applications for recovery) for the words from “of the court” to the end substitute “ of petty sessions ”.

(5) In section 28D (sending applications)—

(a) in subsection (1) omit “acting for the petty sessions district in which the respondent is residing”;

(b) omit subsections (4) and (5).

(6) Omit section 47(3) (interpretation).

67

In Schedule 6 (removal to suitable premises), in paragraph 1 for the words from “apply to the court of summary jurisdiction” to the end substitute “ apply to a court of summary jurisdiction for an order under paragraph 2 ”.

The Drainage (Northern Ireland) Order 1973 (NI 1)

68

In Schedule 5 (duties of occupiers), in paragraph 6(d) omit the words from “for the division” to “is situate”.

The Consumer Credit Act 1974 (c. 39)

69

(1) In section 140B (powers of court) omit subsection (7).

(2) In section 143 (jurisdiction of county court) omit paragraphs (a) and (b).

The Friendly Societies Act 1974 (c. 46)

70

(1) In section 93(3) (dissolution) for the words from “make an application” to “county court or sheriff” substitute “ make an application to the county court, and on any such application the county court ”.

(2) Omit section 102 (jurisdiction of magistrates' courts in Northern Ireland).

The Treatment of Offenders (Northern Ireland) Order 1976 (NI 4)

71

In Article 5 (liability to be dealt with)—

(a) in paragraph (1)(b) omit the words from “having jurisdiction in the county court division” to “was convicted”;

(b) in paragraph (2)(b) omit “acting for the same county court division as that court”.

The Criminal Damage (Compensation)(Northern Ireland) Order 1977 (NI 14)

72

In Article 2 (interpretation) omit paragraph (3).

The Rates (Northern Ireland) Order 1977 (NI 28)

73

In Article 32(3) (recovery of rates) omit the words from “having jurisdiction” to the end.

The Judicature (Northern Ireland) Act 1978 (c. 23)

74

(1) Omit section 103 (justices of the peace).

(2) In section 120(1) (interpretation)—

(a) in the definition of “county court” omit “for a division”;

(b) in the definition of “division” omit the words in brackets.

(3) In Schedule 6 (transitional provisions), omit paragraph 8.

The Interpretation Act 1978 (c. 30)

75

In Schedule 1 (definitions), in paragraph (b) of the definition of “county court”, omit “for a division”.

The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15)

76

(1) In Article 2(2) (interpretation) omit the definition of “divorce county court”.

(2) In Article 35(4) (order for repayment of sums paid under certain orders) omit the words from “and, accordingly” to the end.

(3) In Article 37(3) (alteration of agreements) omit the words from “and at least” to “for which the court acts”.

(4) In Article 38(1) (alteration of agreements after death) omit the words from “and, accordingly” to the end.

(5) In Article 40(3) (orders for repayment of certain sums) omit the words from “and, accordingly” to the end.

(6) In Article 48 (the court)—

(a) in paragraph (1) for sub-paragraph (b) substitute—

(b) a county court.

;

(b) omit paragraphs (1A), (1B) and (2);

(d) in paragraphs (3)(a) and (c) omit “divorce” (wherever occurring);

(e) in paragraph (4) omit “divorce” and “which is exercisable by county courts generally”;

(f) in paragraph (5) omit “If an order is made under paragraph (1),” and “divorce” (wherever occurring);

(g) in paragraph (8) omit “divorce”;

(h) in paragraph (9) omit “divorce”.

The Protection of Children (Northern Ireland) Order 1978 (NI 17)

77

(1) In Article 4(1) (entry, search and seizure) omit “in the petty sessions district for which he acts”.

(2) In the Schedule (forfeiture proceedings) in paragraph 12 omit the words from “for the petty sessions district” to the end.

The Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (NI 8)

78

(1) In Article 2(2) (interpretation) omit the definitions of “civil partnership proceedings county court” and “divorce county court”.

(2) In Article 17(1) (restriction imposed on divorce proceedings) omit “divorce” in the second place where it occurs.

(3) In Article 17ZA (restriction imposed on civil partnership proceedings) omit “civil partnership proceedings”.

The Administration of Estates (Northern Ireland) Order 1979 (NI 14)

79

In Article 12(1) (jurisdiction of county court) omit “for the division in which the deceased, at the time of his death, had a fixed place of abode”.

The County Courts (Northern Ireland) Order 1980 (NI 3)

80

(1) In Article 2(2) (interpretation)—

(a) for the definition of “chief clerk” substitute—

“chief clerk” means an officer of the Department designated as such by the Department;

”

(b) in the definition of “court” omit “for a division”;

“the Department” means the Department of Justice;

;

(d) for the definition of “division” substitute—

“division” means an administrative court division specified under section 2 of the Justice Act (Northern Ireland) 2015 for any purposes of a county court;

(e) in the definition of “the Office” omit “for the division in which those proceedings are taken”.

(2) In Article 3 (county courts)—

(a) in the heading omit “to be held for divisions”;

(b) omit paragraph (1);

(2) A court shall be held at such place or places in each division as may be specified in directions given under Article 4. (3) A court held under paragraph (2) shall— (a) be called a county court and be a court of record; and (b) have throughout Northern Ireland the jurisdiction and powers conferred on a county court by this Order or any other statutory provision.

(3) In Article 4 (directions of Lord Chief Justice) omit paragraph (d).

(4) In Article 6 (holding of ordinary courts)—

(a) in paragraph (1)(a) for “for each division” substitute “ in each division ”; and

(b) omit paragraph (2).

(5) In Article 8 (adjournments) omit paragraphs (5) to (8).

(6) In Article 10 (general civil jurisdiction) omit paragraphs (3) and (3A).

(7) In Article 21(1) (transfer of certain money from High Court to county court) for “the county court of the division in which that person resides or such other” substitute “ such ”.

(8) In Article 25 (transfer from one county court to another) omit paragraph (2).

(9) In Article 34(2) (powers of county court) for the words from the beginning to “in his division” substitute “ A judge shall have jurisdiction in any proceedings pending in a county court ”.

(10) In Article 63 (cases stated)—

(a) in paragraph (1)(a) omit “having jurisdiction in the county court division in which the county court sat”;

(b) in paragraph (7) for “the resident magistrate or justice of the peace who fixed the amount of the recognisance or any other resident magistrate or justice of the peace having jurisdiction in the place where the recognisance was taken” substitute “a district judge (magistrates' courts) or lay magistrate” and omit “ for the county court division in which the recognisance was taken ”.

The Domestic Proceedings (Northern Ireland) Order 1980 (NI 15)

81

(1) In Article 29 (case more suitable for High Court) omit the words “acting for the same petty sessions district as the first-mentioned court”.

(2) In Article 30 (powers of High Court and county court)—

(a) in paragraph (1) omit “divorce”;

(b) in paragraph (2) omit “(whether or not it is a divorce county court)”;

(3) In Article 32(1) (jurisdiction)—

(a) omit “and without prejudice to Article 77(3) of the Magistrates' Court (Northern Ireland) Order 1981”;

(b) omit the words from “if at the date of the making of the order” to the end.

(4) In Article 34(1) (constitution of courts) omit “acting for the same petty sessions district as that court”.

The Betting and Gaming Duties Act 1981 (c. 63)

82

In Schedule 1 (betting duties) in paragraph 15(5) omit “situated in the same petty sessions district as those premises”.

The Road Traffic (Northern Ireland) Order 1981 (NI 1)

83

(1) In Article 7(1) (review of test) omit “acting for the petty sessions district in which he resides”.

(2) In Article 16(1) (driving licence appeals) omit “acting for the petty sessions district in which he resides”.

(3) In Article 76(1) (vehicle licence appeals) omit “acting for the petty sessions district in which the holder of or applicant for the licence resides”.

(4) In Article 79A(5) (taxi driver's licence appeals) omit “acting for the petty sessions district in which he resides”.

The Judgments Enforcement (Northern Ireland) Order 1981 (NI 6)

84

(1) In Article 2(2) (interpretation) omit the definition of “appropriate county court”.

(2) In Article 6(c) (judgments to which Order does not apply) omit “divorce” and “civil partnership proceedings”.

(3) In Article 17(6) (limitation on enforcement) for the words from “means” to the end substitute

means— (a) where the judgment was given by a county court, any county court, (b) where the judgment was given by a court of summary jurisdiction, any court of summary jurisdiction, (c) in any other case, the court by which the judgment was given.

(4) In Articles 52(1) and (3) (order charging land) omit “appropriate”.

(5) In Article 96A (maintenance orders) in paragraphs (1), (3)(a), (7) and (9) for “divorce county court or civil partnership proceedings county court” (wherever occurring) substitute “ county court ”.

(6) In Article 98(a)(ii) (attachment of earnings order) omit “divorce” and “civil partnership proceedings”.

(7) In Article 107(1)(c) (committal for default) omit “divorce” and “civil partnership proceedings”.

(8) In Article 110(c) (appeal from committal order) omit “appropriate”.

The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8)

85

(1) In Article 28 (free legal aid)—

(a) in paragraph (4)(a) omit “for the relevant petty sessions district”;

(b) in paragraph (5) for “any court acting for the relevant petty sessions district” substitute “ a court of summary jurisdiction ”.

(2) In Article 30 (free legal aid on appeal)—

(a) in paragraph (1) omit “acting for the same petty sessions district” and “acting for that district”;

(b) in paragraph (2)(b) omit “for the relevant petty sessions district”.

(3) In Article 39 (interpretation) omit the definition of “relevant petty sessions district”.

The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

86

(1) In Article 2(3) (definitions)—

(a) omit the definitions of “chief clerk” and “county court division”;

(b) after the definition of “decree” insert—

“the Department” means the Department of Justice;

(2) For Article 2 (4) (references to officers of the court) substitute—

(4) References in this Order— (a) to chief clerks and to clerks of petty sessions are references to officers of the Department designated as such by the Department; (b) to clerks of petty sessions include references to officers of the Department designated by the Department as assistant or deputy clerks of petty sessions.

(3) Omit Article 4 (local jurisdiction of justices of the peace).

(4) For Article 11 and the Part heading immediately above it substitute

(11) (1) Sessions for the holding of courts of summary jurisdiction shall continue to be known as petty sessions and are so referred to in this Order. (2) The Lord Chief Justice may give directions as to— (a) the places at which petty sessions are to be held; (b) the days on which petty sessions are to be regularly held; (c) the ordinary hours of sitting of courts of summary jurisdiction; (d) such other incidental, consequential, transitional or supplementary matters as appear to the Lord Chief Justice to be necessary or proper.

(5) For Article 16 substitute—

(16) (1) A magistrates' court has jurisdiction— (a) to conduct a preliminary inquiry or a preliminary investigation into any indictable offence; (b) to hear and determine a complaint charging any summary offence. (2) A district judge (magistrates' courts) exercising the powers conferred by Article 45 and 46 has jurisdiction to try summarily any indictable offence. (3) References above to offences are to offences, wherever committed, which are cognisable under the law of Northern Ireland.

(6) Omit Article 17 (offences committed on boundaries, etc.).

(7) In Article 18(4)(b) (summary trial) omit the words “sitting for the petty sessions district for which the resident magistrate or lay magistrate acted”.

(8) For Article 20 substitute—

(20) (1) On a complaint being made to a lay magistrate that a person has, or is suspected of having, committed a summary offence, the lay magistrate may issue a summons directed to that person requiring him to appear before a magistrates' court to answer to the complaint. (2) On a complaint being made to a lay magistrate that a person has, or is suspected of having, committed an indictable offence, the lay magistrate may either— (a) issue a summons requiring him to appear before a magistrates' court; or (b) issue a warrant to arrest that person and bring him before a magistrates' court (3) Where the offence charged in the complaint is an indictable offence, a warrant under this Article may be issued by a lay magistrate at any time notwithstanding that a summons has previously been issued and whether before or after the time mentioned in such summons for the appearance of the person summoned. (4) Where a lay magistrate is satisfied that a summons issued under paragraph (1) has not been served, the lay magistrate may, without a complaint being made to him, re-issue the summons extending the time for the appearance of the person summoned. (5) Where a district judge (magistrates' courts) is satisfied that a person suspected of having committed a summary offence cannot for any reason be served with a summons, the district judge (magistrates' courts) may issue a warrant for the arrest of that person notwithstanding that a summons has not been first issued. (6) A warrant may be issued in respect of any offence notwithstanding that the offence was committed outside Northern Ireland if an indictment for the offence may legally be preferred in Northern Ireland. (7) A warrant shall not be issued under this Article unless the complaint is in writing and substantiated on oath.

(9) In Article 32(1)(a) (documents) omit “for the district in which the preliminary inquiry is to be held”.

(10) Omit Article 36 (adjournment of committal proceedings).

(11) In Article 47 (remands)—

(a) in paragraph (1)(a) omit “for the county court division for which the court is acting or before any other magistrates' court having jurisdiction to conduct the proceedings”;

(b) in paragraph (4E)(a) for the words from “the magistrates' court which” to the end substitute “a magistrates' court”;

(12) In Article 52 (sentencing of person convicted by another court) omit the words from “acting for the same petty sessions district” to the end.

(13) In Article 72 (issue of process) in paragraphs (1) and (2) omit the words from “acting for the petty sessions district” to the end.

(14) In Article 75 (transfer to county court) omit paragraph (3).

(15) In Article 77 (jurisdiction on civil complaint) omit paragraph (3).

(16) In Article 79 (issue of summons) omit “for a county court division” and “sitting for that county court division”.

(17) In Article 85(4) (orders for periodic payment) omit the words from “of the petty sessions district” to the end.

(18) In Article 85A (proceedings by collection officer)—

(a) in paragraphs (1), (2) and (3) omit “of the relevant court”;

(b) in paragraph (4)(a) omit “of a relevant court”;

(19) In Article 85B (breach of maintenance order)—

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