The Rules of the Court of Judicature (Northern Ireland) (Amendment) 2014

Made: 4th August 2014

Coming into operation: 5th September 2014

The Northern Ireland Court of Judicature Rules Committee[^f00001] makes the following Rules in exercise of the powers conferred by sections 55 and 55A of the Judicature (Northern Ireland) Act 1978[^f00002].

Citation, commencement and interpretation

1

• (1) These rules shall be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment) 2014 and shall come into operation on 5th September 2014.

• (2) In these Rules, ‘the principal Rules’ means the Rules of the Court of Judicature (Northern Ireland) 1980[^f00003] and an Order, rule or Form referred to by number or an Appendix referred to by a letter means the Order, rule or Form so numbered or the Appendix so lettered in the principal Rules.

Amendments to the principal Rules

2

The principal Rules shall be amended as follows–

• (1) In the Arrangement of Orders –

• (a) omit the entry for Order 60; and

• (b) after the entry relating to Order 126, insert “127. Interpretation and Translation in Criminal Causes and Matters”.

• (2) Order 60 shall be omitted.

• (3) In Order 107 —

• (a) In rule 2(1)(b) for “magistrates” substitute “District Judges (Magistrates’ Courts)”; and

• (b) In rule 9(1), for “magistrates” substitute “District Judges (Magistrates’ Courts)”.

• (4) In Order 121, rule 5(1)(e), the words “or Order 60” shall be omitted;

• (5) After Order 126, insert Order 127 (Interpretation and Translation in Criminal Causes and Matters) as set out in the Schedule to these Rules.

• (6) In Appendix A, in Form 54, for “magistrates” substitute “District Judges (Magistrates’ Courts)”.

SCHEDULE

Signed

Declan Morgan — John Gillen — Mark Horner — Ian Wimpress — Dated 1st July 2014

In exercise of the powers conferred upon me by section 53A of the Judicature (Northern Ireland) Act 1978, I allow these Rules.

Sealed with the Official Seal of the Department of Justice on 4th August 2014.

David Ford — Minister of Justice

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No. 346) to—

• repeal Order 60 (Appeals to the Court of Appeal from the Restrictive Practices Court) and make minor consequential amendments arising from the repeal of the Restrictive Trade Practices Court Act 1976;

• make minor amendments to Order 107 (Commissioners for oaths and notaries public) and Form 54 to update references to “magistrates” to “District Judges (Magistrates’ Courts)”;

• insert a new Order 127 to give effect to Directive 2010/64/EU of the European Parliament and of the Council of 20th October 2010 on the right to interpretation and translation in criminal proceedings. Order 127 makes provision for interpretation and translation services, where necessary, for parties to proceedings in criminal cases or matters dealt with under the Rules.

Footnotes

[^f00001]: The Northern Ireland Supreme Court Rules Committee was renamed the Northern Ireland Court of Judicature Rules Committee in accordance with section 59(3) of the Constitutional Reform Act 2005 (c.4)

[^f00002]: 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) and paragraph 6 of Schedule 17, and paragraph 15 of Schedule 18, to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order (S.I. 2010 No. 976)

[^f00003]: S.R. 1980 No. 346; The Rules of the Supreme Court (Northern Ireland) 1980 were renamed in accordance with paragraph 3 of Schedule 11 to the Constitutional Reform Act 2005 (c.4). The most recent relevant amendments were made by S.R. 2013 No. 175 and S.R. 2013 No. 202.