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COUNTY COURTS ACT (NORTHERN IRELAND) 1959

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - LONG TITLE

An Act to consolidate with amendments certain enactments relating to
county courts and courts of quarter sessions, and for related
purposes.
[31st December 1959]
Part I (ss.12) rep. by 1980 NI 3 art.69(2) sch.3

Appointment and assignment of judges.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 102

102.[(1) Her Majesty may appoint as judges such qualified persons as
may be recommended to Her by the Lord Chancellor.

(2) A judge shall sit in the county court in accordance with
directions given by the Lord Chancellor.

(3) A judge may, in accordance with such directions, sit as a
judge for any division.

(4) Subject to sub-sections (2) and (3), the Lord Chancellor shall
assign one judge to each division and may from time to time vary
any such assignment.

(5) The judge assigned to the division which is or includes

(a)the area of the city of Belfast shall be styled the Recorder of
Belfast;

(b)the area of the city of Londonderry shall be styled the Recorder
of Londonderry.]

[(6) In this Act "judge" means a county court judge, that is to
say a judge appointed under this section.]

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 103
Qualifications and disqualifications of judges.

103.(1) A person shall not be qualified to be appointed a judge
[unless

(a)he has practised for not less than ten years at the Bar of
Northern Ireland; or

(b)he has been a deputy judge for not less than three years.]

(2) A judge, so long as he holds office as such, shall not
practise at the bar or be directly or indirectly concerned as a
conveyancer, notary public or solicitor.

S.104 rep. by 1964 c.21 (NI) s.172 sch.7

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 105
Tenure and oaths of office and retirement of judges.

105.[(1) Subject to sub-section (1A), the Lord Chancellor may, if he
thinks fit, remove a judge from office on the ground of incapacity
or misbehaviour.

(1A) Sub-section (1) shall not apply to a judge holding office
immediately before 1st January 1974 but

(a)subject to paragraph (b), every such judge shall hold office
during good behaviour subject to a power of removal by Her Majesty
on an address presented to Her Majesty by both Houses of the
Parliament of the United Kingdom;

(b)where the Lord Chancellor is satisfied that by reason of
infirmity of mind or body any such judge is incapable of
discharging the duties of his office, and that the incapacity is
likely to be permanent, he may, upon hearing any representations
made by or on behalf of the judge, remove him from office.]

(2) ....

(3) Every judge shall as soon as he may after his appointment, and
before entering upon his office, take, before the Lord Chief Justice
or other judge of the Supreme Court, the oath of allegiance and
judicial oath as provided by the Promissory Oaths Act, 1868; and
that Act shall have effect accordingly.

(4) ... every judge ... shall vacate his office at the end of the
completed year of service in the course of which he attains the
age of seventy-two years:

Provided that any judge who, if he were so to vacate his office,
would not have completed fifteen years' service, may (subject to
sub-sections (1) [and (1A)]) continue in office until the end of
the completed year of service in which he completes fifteen years'
service or attains the age of seventy-five years, whichever first
occurs.[

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 106
Salaries and allowances of judges.

106.(1) There shall be paid to each judge such salary as may be
determined by the Lord Chancellor with the consent of the Minister
for the Civil Service.

(2) The salary payable to any judge shall begin from the date on
which the judge takes the oaths required by section 105(3).

(3) The Lord Chancellor with the approval of the Minister for the
Civil Service may allow to any judge, for the purpose of defraying
his travelling and subsistence expenses, such sum as appears
reasonable.][

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 107
Deputy judges.

107.(1) The Lord Chancellor may appoint as deputy judge

(a)a person who has previously held the office of judge;

(b)a person who has practised for not less than ten years at the
Bar of Northern Ireland;

(c)a resident magistrate;

(d)a solicitor who has practised for not less than ten years as a
solicitor in Northern Ireland.

(2) The appointment of a person as a deputy judge shall specify
the term for which he is appointed.

(3) Subject to sub-section (4), the Lord Chancellor may, with the
agreement of the deputy judge, from time to time extend, for such
period as he thinks appropriate, the term for which the deputy
judge is appointed.

(4) Except where an appointment is made under sub-section (1)(a),
neither the initial term for which a deputy judge is appointed nor
any extension of that term under sub-section (3) shall be such as
to continue his appointment as a deputy judge after the end of the
completed year of service in which he attains the age of
seventy-two years.

(5) A deputy judge shall, while he is so acting, have the like
authority, jurisdiction, powers and privileges as a judge in all
respects [and a reference in any statutory provision to, or which
is to be construed as a reference to, a county court judge shall,
for the purposes of or in relation to any proceedings in a county
court, be construed as including a reference to a deputy judge
appointed under this section].

(6) Where the hearing of any proceedings duly commenced before any
deputy judge is adjourned or judgment is reserved therein, that
deputy judge shall, notwithstanding anything in sub-section (2) or
(4), have power to resume the hearing and determine the proceedings
or, as the case may be, to deliver the judgment so reserved.

(7) There shall be paid to every deputy judge, except a resident
magistrate, such remuneration and allowances as the Lord Chancellor
may, with the concurrence of the Minister for the Civil Service,
determine.]

Part XII (ss.108115) rep. by 1964 c.21 (NI) s.172 sch.7; 1969 c.30
(NI) s.132 sch.6; SI 1973/2163 art.14(2) sch.6; 1978 c.23 s.122(2)
sch.7 Pt.II; 1980 NI 3 art.69(2) sch.3

Pensions of judges.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 116

116.(1) The [Minister for the Civil Service] may on the
recommendation of the [Lord Chancellor] grant to any judge an annual
sum by way of pension calculated in accordance with the provisions
of Part I of the Second Schedule

(a)if his office is vacated in pursuance of sub-section (4) of
section one hundred and five; or

(b)if the [Lord Chancellor] is satisfied by means of a medical
certificate that, by reason of infirmity of mind or body, he is
incapable of discharging the duties of his office, and that the
incapacity is likely to be permanent; or

(c)if he retires after fifteen years' service, and at the time of
retirement has attained the age of sixty-five.

Subs.(2)(3) rep. by 1978 c.23 s.122(2) sch.7 Pt.II

(4) A person to whom, in consequence of such incapacity as
aforesaid, a pension has been granted under this section shall,
until the date on which that person could have been granted a
pension under paragraph (a) or paragraph (c) of sub-section (1), be
liable to be required by the [Lord Chancellor] to resume the duties
of a judge with the salary attached thereto, and, if (being in a
competent state of health) he declines when so required to resume
those duties, or declines or neglects to execute those duties, he
shall forfeit his right to the pension so granted to him.

(5) Where a person resumes his duties as aforesaid, the payment of
the pension granted to him shall be suspended during the period of
his resumed service, but, subject to the provisions of sub-section
(4), at the end of that period the pension shall again be payable
and be recalculated in accordance with the provisions of Part I of
the Second Schedule, and for that purpose the period of his resumed
service shall be added to the period of his former service.

(6) The decision of the [Minister for the Civil Service] shall be
final on any question arising as to

(a)the application of any of the provisions of this section to any
person; or

(b)the amount of any pension under this section; or

(c)the reckoning of any service for the purpose of calculating such
a pension.

S.117 rep. by SI 1973/2163 art.14(2) sch.6; SR 1979/103. S.118 rep.
by 1978 c.23 s.122(2) sch.7 Pt.II

Application of succeeding provisions of this Part.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 119

119. The succeeding provisions of this Part shall ... apply in
relation to service

(a)as a county court judge;

Para.(b) rep. by SR 1979/103

S.120 rep. by 1980 NI 3 art.69(2) sch.3

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 121
Lump sum on retirement or death.

121.(1) Where a person on retirement becomes eligible for a pension
for service, he may be granted a lump sum equal to twice the
annual amount of that pension.

(2) Where a person was serving at the time of his death and, if
he had then retired on the ground of permanent infirmity, would
have become eligible for a pension for that service, his
representative may be granted a lump sum equal to

(a)twice the annual amount of the pension for which he would have
been so eligible; or

(b)his last annual salary;

(3) Where a person on retirement becomes eligible for a pension for
service but dies so soon thereafter that the sums paid or payable
to him on account of that pension plus an amount equal to twice
the annual amount of that pension fall short of his last annual
salary for such service, there may be granted to his representatives
a lump sum equal to the deficiency.

Power to grant widows' and children's pensions.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 122

122. Subject to the provisions of sections one hundred and
twenty-one to one hundred and thirty-three, on the death after the
commencement of this Part of a person (in this Part referred to as
"the deceased") who

(a)had become eligible for a pension for service; or

(b)was serving at the time of his death and would, if he had then
retired on the ground of permanent infirmity, have become eligible
for a pension for such service;

(i)where he leaves a widow, a pension to that widow (in this Part
referred to as a "widow's pension"); and

(ii)where he had a wife at any time during his service (whether or
not the marriage continued until his death and whether or not a
widow's pension is or can be granted), a pension for the benefit
of the children of the marriage and of children adopted by him
during the marriage (in this Part referred to as a "children's
pension").

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 123
Widow's pension.

123.(1) A widow's pension may not be granted if the marriage with
the deceased took place after his retirement.

(2) The widow's pension shall determine on her death or remarriage
but may, if the [Minister for the Civil Service] specially directs,
be paid in respect of any period after re-marriage when she has no
husband.

(3) The annual amount of the widow's pension may be one-third of
the annual amount of the personal pension.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 124
Children's pension: beneficiaries.

124.(1) A children's pension may be granted if, and be paid so
long as and whenever, there are persons for whose benefit it can
enure.

(2) Subject to the provisions of this section, the persons for
whose benefit a children's pension can enure are any such children
as are referred to in section one hundred and twenty-two who are
for the time being in their period of childhood and full-time
education.

(3) A children's pension cannot enure for the benefit of any person
conceived, or adopted by the deceased, after the end of the service
of the deceased.

(4) A children's pension cannot enure for the benefit of a female
person who at the time of the death of the deceased was married
and if, after the death of the deceased, a female person marries,
she shall thereupon cease to be a person for whose benefit a
children's pension can enure.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 125
Meaning of ""period of childhood and full-time education''.

125.(1) A person shall be deemed for the purposes of section one
hundred and twenty-four to be in his period of childhood and
full-time education while either

(a)he is under the age of sixteen; or

(b)he is receiving full-time instruction at any university, college,
school or other educational establishment; or

(c)he is undergoing training by any person (hereinafter referred to
as "the employer") for any trade, profession or vocation in such
circumstances that

(i)he is required to devote the whole of his time to the training
for a period of not less than two years; and

(ii)while he is undergoing the training, the emoluments receivable by
him, or payable by the employer in respect of him, do not exceed
[#104] a year, exclusive of any emoluments receivable or payable by
way of return of any premium paid in respect of the training:

Provided that a person shall not be deemed for the purposes of
this section to satisfy the conditions specified in paragraph (b) or
the conditions specified in paragraph (c), unless there has up till
then been no time since he attained the age of sixteen when he
did not satisfy one or other of those conditions. Any period of
whole-time service in the armed forces of the Crown under the
National Service Acts, 1948 to 1955, shall be ignored for the
purposes of this proviso.

(2) In sub-section (1) the expression "emolument" means any salary,
fees, wages, perquisites or profits or gains whatsoever, and includes
the value of free board, lodging or clothing, and, for the purposes
of sub-paragraph (ii) of paragraph (c) of that sub-section, where a
premium has been paid in respect of the training of a person, all
emoluments at any time receivable by him, or payable by the
employer in respect of him, shall be deemed to be receivable or
payable by way of return of the premium, unless and except to the
extent that the amount thereof exceeds in the aggregate the amount
of the premium.

(3) As respects any period during which neither of the conditions
specified in paragraphs (b) and (c) of sub-section (1) is satisfied
in relation to a person, the [Minister for the Civil Service] may,
if it thinks fit, and is satisfied that that person's full-time
education ought not to be regarded as completed, direct either

(a)that that period shall be ignored for the purposes of the
proviso to sub-section (1); or

(b)that that period shall be so ignored and shall also be treated
as part of his period of childhood and full-time education for all
the other purposes of section one hundred and twenty-four.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 126
Children's pension: rate and mode of payment.

126.(1) Only one children's pension shall be granted in respect of
the service of any one person, but

(a)the rate thereof may vary according to the number of persons for
whose benefit it can for the time being enure; and

(b)it shall be paid to such person or persons as the [Minister for
the Civil Service] may from time to time direct, and different
parts thereof may be directed to be paid to different persons; and

(c)the person to whom all or any part thereof is paid shall apply
the sum paid to him, without distinction, for the benefit of all
the persons for whose benefit the pension can for the time being
enure or for the benefit of such of them as the [Minister for the
Civil Service] from time to time directs.

(2) Where the deceased leaves no widow and, if he leaves a widow,
after her death, the annual amount of a children's pension

(a)while the persons for whose benefit it can enure are three or
more in number, may amount to one-third of the annual amount of
the personal pension;

(b)while the said persons are two in number, may amount to
one-quarter of the annual amount of the personal pension;

(c)while there is only one such person, may amount to one-sixth of
the annual amount of the personal pension.

(3) Subject to the provisions of sub-section (4), where the deceased
leaves a widow, the annual amount of a children's pension during
her life

(a)while the persons for whose benefit it can enure are four or
more in number, may amount to one-third of the annual amount of
the personal pension;

(b)while the said persons are three in number, may amount to
one-quarter of the annual amount of the personal pension;

(c)while the said persons are two in number, may amount to
one-sixth of the annual amount of the personal pension;

(d)while there is only one such person, may amount to one-twelfth
of the annual amount of the personal pension.

(4) Notwithstanding anything in the foregoing provisions of this
section, where the deceased leaves a widow who remarries, no
children's pension shall be payable as respects any period when she
has a husband unless the [Minister for the Civil Service] specially
directs that such a pension shall be so payable, but, if the
[Minister for the Civil Service] does specially so direct, it may,
if it thinks fit, further direct that sub-section (2) shall apply
as respects any such period notwithstanding that the widow is alive.

S.127 rep. by 1980 NI 3 art.69(2) sch.3

Persons serving again after retirement.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 128

128. Where any person after retirement resumes his service, that
retirement shall be left out of account for all the purposes of
sections one hundred and twenty-one to one hundred and thirty-three
except that

(a)if a lump sum was granted on that retirement without any
contribution being made, then unless that person on resumption of
his service, or within three months of his marrying while again
serving, refunds [to the Consolidated Fund of the United Kingdom] by
way of contribution one-half of the lump sum, no pension shall be
granted to any widow or child of his; and

(b)any lump sum granted on that retirement, less any refund, shall
be set off against any lump sum to be granted in respect of his
service.

Saving for allocation of pension.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 129

129. The fact that this Part applies to a person shall not affect
any rights of his under [section 44 of the Superannuation Act
(Northern Ireland) 1967] (which provides for the partial allocation
of superannuation benefits to wives and dependants) and any
calculations to be made under this Part shall be made as if any
surrender under that section of a part of a pension had not been
made.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 130
Saving for reduction in respect of national insurance pension.

130. In making any calculation under this Part any abatement of a
pension falling to be made under regulations made under sub-section
(4) of section sixty-six of the National Insurance Act (Northern
Ireland), 1946 (which authorises the modification of any pensions
scheme in connection with the passing of that Act) shall be left
out of account.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 131
Effect under this Act of certain nullity decrees.

131. Where a marriage which is voidable but not void from the
beginning, is declared to be null by any court of competent
jurisdiction, the same results shall follow under sections one
hundred and twenty-two to one hundred and thirty-three as would have
followed thereunder if the marriage had not been voidable and had
been dissolved at the date of the declaration of nullity.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 132
Recommendation of Lord Chancellor in certain cases.

132. The grant under the foregoing provisions of this Part of a
lump sum or widow's or children's pension conditional on eligibility
for a pension for service as a judge shall require the
recommendation of the [Lord Chancellor].

S.133 rep. by 1980 NI 3 art.69(2) sch.3[

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 134
Evidence of health.

134. Before recommending any person to Her Majesty for appointment
as a county court judge, the Lord Chancellor shall take steps to
satisfy himself that that person's health is satisfactory.]

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 135
Interpretation of this Part.

135.(1) In this Part the expression

"derivative benefit" means any lump sum under this Part or any
widow's or children's pension;

"service" includes service before the commencement of this Act, and
in relation to any derivative benefit or any contribution taking the
form of a reduction in a derivative benefit the said expression has
the same meaning as it has in relation to the personal pension;

"the personal pension" in relation to any derivative benefit or
contribution taking the form of a reduction in a derivative benefit
means the pension for which eligibility is a condition of the
granting of the derivative benefit.

Subs.(2) rep. by 1980 NI 3 art.69(2) sch.3

(3) Any reference in this Part to a person's adopting a child
shall be construed as a reference

(a)to his adopting a child (whether alone or jointly with any other
person) in pursuance of an adoption order made under the Adoption
of Children Act (Northern Ireland), 1950, or under any corresponding
enactment of the Parliament of the United Kingdom; or, as the case
may be,

(b)to his adopting a child (whether alone or jointly with any other
person) in accordance with the law of the place where he was
domiciled at the time of the adoption.

Charges on Consolidated Fund.

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 136

136. [There shall be charged on and paid out of the Consolidated
Fund of the United Kingdom]

(a)the salaries payable to judges under section one hundred and six;

(b)the pensions payable under section one hundred and sixteen to
persons who have held office as judges;

(c)any ... derivative benefits (as defined in section one hundred
and thirty-five) ...

Para.(d) rep. by 1980 NI 3 art.69(2) sch.3

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 137
Payments out of voted moneys.

137. There shall be defrayed out of moneys [provided by the
Parliament of the United Kingdom all expenses] (other than those
provided for by section one hundred and thirty-six) incurred in
carrying this Act into effect, and in particular (but without
prejudice to the generality of the foregoing words)

(a)the remuneration and expenses of persons acting as deputy judges
under section one hundred and seven, and the expenses of judges
under sub-section (3) of section one hundred and six;

Paras.(b)(c) rep. by 1978 c.23 s.122(2) sch.7 Pt.II; paras.(d)(g)
rep. by 1980 NI 3 art.69(2) sch.3

Ss.139153 rep. by 1969 c.30 (NI) s.132 sch.6; SI 1973/2163 art.14(2)
sch.6; SLR 1976; 1978 c.23 s.122(2) sch.7 Pt.II; 1980 NI 3
art.69(2) sch.3

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 154
Short title and construction.

154.(1) This Act may be cited as the County Courts Act (Northern
Ireland), 1959 [and shall be construed as one with the County
Courts (Northern Ireland) Order 1980].

Subs.(2) rep. by 1978 c.23 s.122(2) sch.7 Pt.II; subs.(3) rep. by
SLR 1973

First Schedule rep. by 1978 c.23 s.122(2) sch.7 Pt.II

When the number of completed years of service in the office of a
judge is as specified in the first column of the following table,
the annual pension shall not exceed the fraction of the last annual
salary respectively specified in the second column of that table:

Part II rep. by SR 1979/103