The Rules of the Supreme Court (Northern Ireland) (Amendment) 2003

Made: 3rd February 2003

To be laid before Parliament

Coming into operation: 28th February 2003

We, the Northern Ireland Supreme Court Rules Committee, being the authority having for the time being power under section 55 of the Judicature (Northern Ireland) Act 1978[^f00001] to make, amend or revoke rules regulating the practice and procedure of the Supreme Court of Judicature of Northern Ireland, hereby, with the concurrence of the Lord Chancellor, exercise those powers as follows: –

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Rules of the Supreme Court (Northern Ireland) (Amendment) 2003 and subject to paragraph (2) shall come into operation on 28th February 2003.

• (2) Rule 4(2) shall come into operation on the same day as section 190 of the Proceeds of Crime Act 2002[^f00002] comes into force.

2

In these Rules, “the principal rules” means the Rules of the Supreme Court (Northern Ireland) 1980[^f00003] and an Order referred to by a number or an Appendix referred to by a letter means the Order so numbered or the Appendix so lettered in the principal rules.

Arrangement of Orders

3

The Arrangement of Orders at the beginning of the principal rules shall be amended by adding after the entry relating to Order 122, the following –

(123) The Proceeds of Crime Act 2002 – Civil Recovery

Amendment of the principal Rules

4

• (1) After Order 122 there shall be added the Order set out in Schedule 1 to these Rules.

• (2) Order 116 shall be amended by inserting, after rule 41, the Part set out in Schedule 2 to these Rules.

Amendment of Appendix A

5

In Appendix A after Form No. 71 there shall be inserted the Forms set out in Schedule 3 to these Rules.

SCHEDULE 1

SCHEDULE 2 — RULES TO BE INSERTED IN ORDER 116

SCHEDULE 3

Signed

R. D. Carswell — Antony Campbell — Brian Kerr — F. P. Girvan — Declan Morgan — Mark Horner — Caroline McGonagle — Tony Caher — Dated 29th January 2003

I concur,

Irvine of Lairg, C. — Dated 3rd February 2003

Explanatory note

(This note is not part of the Rules.)

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 so as to:

• insert a new Order 123 into the principal rules which prescribes the practice and procedure to be used in proceedings under Parts 5 and 8 of the Proceeds of Crime Act 2002;

• insert into Order 116 a new Part III which prescribes the practice and procedure to be used in proceedings under Part 4 of the Proceeds of Crime Act 2002; and

• make consequential amendments to the principal rules.

Footnotes

[^f00001]: 1978 c. 23

[^f00002]: 2002 c. 29

[^f00003]: S.R.1980 No. 346 to which the most recent relevant amendments have been S.R. 2000 No. 243 and S.R.2000 No. 393

[^f00004]: 2002 c. 29

[^f00005]: 2002 c. 29

[^f00006]: S.I. 2002/3133