Statutory Rules of Northern Ireland

2012 No. 273

Court Of Judicature, Northern Ireland

Procedure

The Rules of the Court of Judicature (Northern Ireland) (Amendment No.2) 2012

Made

4th July 2012

Coming into operation

1st August 2012

The Northern Ireland Court of Judicature Rules Committee(1) makes the following Rules in exercise of the powers conferred by sections 55 and 55A of the Judicature (Northern Ireland) Act 1978(2).

Citation and commencement

1. These Rules may be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment No.2) 2012 and shall come into operation on 1st August 2012.

Amendment to the Rules of the Court of Judicature (Northern Ireland) 1980

2. Order 116B of the Rules of the Court of Judicature (Northern Ireland) 1980(3) shall be amended as follows-

(a)in rule 13(2)(b), for "application" substitute "appeal";

(b)in rule 28-

(i)in paragraph (1)(b)(ii), insert "or" after "case;"; and

(ii)omit paragraphs (1)(b) (iii) and (1A).

Declan Morgan

John Gillen

W R B Stephens

F P Girvan

Dated 2nd July 2012

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.

J Djanogly

Parliamentary Under-Secretary of State

Ministry of Justice

Dated 4th July 2012

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make minor amendments to Order 116B of the Rules of the Court of Judicature (Northern Ireland) 1980 [S.R. 1980 No. 346] to provide greater clarity in relation to the process for an appeal to the High Court in respect of a designation decision under the Terrorist Asset-Freezing etc. Act 2010; and to omit the obligation in rule 28 (Search for lodging of and service of material) to lodge and serve material which the disclosing party does not rely upon, but which adversely affects the other party's case.

(1)

The Northern Ireland Supreme Court Rules Committee was re-named the Northern Ireland Court of Judicature Rules Committee in accordance with section 59(3) of the Constitutional Reform Act 2005 (c.4).

(2)

1978 c.23; to which the most recent relevant amendments were made by Article 15 of and Schedule 17 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.R. 2010. No. 976) and paragraphs 29 and 30 of Schedule 5 to the Constitutional Reform Act 2005 (c.4).

(3)

S.R. 1980 No. 346; the Rules of the Supreme Court (Northern Ireland) 1980 were re-named 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. 2008 No.479 and S.R. 2010 No. 430.