The Rules of the Supreme Court (Northern Ireland) (Amendment) 2009

Type Ni-Statutory-Rule
Publication 2009-05-20
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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Made: 20th May 2009

To be laid before Parliament

Coming into operation: 30th June 2009

The Northern Ireland Supreme Court Rules Committee makes the following Rules in exercise of the powers conferred by sections 55 and 55A of the Judicature (Northern Ireland) Act 1978[^f00001].

Citation, commencement and interpretation

1

Arrangement of Orders

2

The Arrangement of Orders at the beginning of the principal Rules is amended by adding, after the entry relating to Order 123, the following—

(124) Serious Crime Act 2007 – Serious Crime Prevention Orders.

Amendments to the principal Rules

3

The principal Rules shall be amended as follows—

“management receiver” means a receiver appointed under section 245E of the Act, or, as the case may be, under Article 150A of the Order in Council; “management receiving order” means an order made under section 245E of the Act, or, as the case may be, under Article 150A of the Order in Council;

(c) a management receiving order,

(a) specify the person nominated by the enforcement authority (“the nominee”) under section 246 of the Act or Article 151 of the Order in Council to act as interim receiver, or, as the case may be, under section 245E of the Act or Article 150A of the Order in Council to act as a management receiver;

; and

(1) An application for directions as to the exercise of the functions of— (a) an interim receiver under section 251 of the Act or Article 156 of the Order in Council; or (b) a management receiver under section 245G of the Act or Article 150C of the Order in Council, shall be made by way of summons.

; and

(ba) in the case of an application to vary or set aside a management receiving order, the management receiver (where he is not the applicant); and

SCHEDULE

Signed

Brian Kerr — Patrick Coghlin — Declan Morgan — John Gillen — Tony Caher — Dated 13th May 2009

Signed by the authority of the Lord Chancellor

In exercise of the powers conferred by section 55A (3) of the Judicature (Northern Ireland) Act 1978, I allow these Rules.

Bridget Prentice — Parliamentary Under-Secretary of State — Ministry of Justice — Dated 20th May 2009

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 (S.R. 1980 No. 346) in consequence of:

Footnotes

[^f00001]: 1978 c.23 to which the most recent relevant amendments were made by paragraphs 29 and 30 of Schedule 5 to the Constitutional Reform Act 2005 (c.4).

[^f00002]: S.R. 1980 No. 346 to which the most recent relevant amendments were made by S.R. 2003 No. 54.

[^f00003]: 2007 c.27.

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