Citation, commencement and interpretation

1.-(1) These Rules shall be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment No.2) 2015 and shall come into operation on 7th December 2015.

(2) In these Rules "the principal Rules" means the Rules of the Court of Judicature (Northern Ireland) 1980(4) and an Order or rule referred to by number means the Order or rule so numbered in the principal Rules.

Amendment to the principal Rules

2.  In Order 61A, for rule 3 substitute-

"Applications for leave to appeal under the Act

3.-(1) An application for leave to appeal under the Act shall be brought by ex parte motion entitled in the matter of the Act and specifying the grounds for the application and shall be supported by-

(a)an affidavit verifying the facts relied upon;

(b)a copy of the order to which the application relates; and

(c)if applicable, a copy of the judgment to which the application relates.

(2) In the case of an application for leave to appeal brought under section 26 or 28 of the Act, the ex parte motion shall be endorsed with the date and time of the person's arrest.

(3) The applicant shall lodge the ex parte motion and supporting documents-

(a)in the case of an application for leave to appeal under section 26 or 28 of the Act, within 7 days starting with the date on which the order was made;

(b)in the case of an application for leave to appeal under section 103 of the Act, within 14 days starting with the day on which the Secretary of State informs the person under section 100(1) or (4) of the Act of the order he has made in respect of the person;

(c)in the case of an application for leave to appeal under section 105 of the Act, within 14 days starting with the day on which the order for discharge is made;

(d)in the case of an application for leave to appeal under section 108 of the Act, within 14 days starting with the date on which the Secretary of State informs the person that he has ordered his extradition;

(e)in the case of an application for leave to appeal under section 110 of the Act, within 14 days starting with the day on which the Secretary of State informs the person acting on behalf of a category 2 territory of the order for discharge;

and shall at the same time send a copy to any party affected by the application.

(4) An application for leave to appeal may be determined by a judge in chambers.

(5) The decision on the application for leave to appeal shall be served on the applicant by the proper officer as soon as is practicable.

(6) Where leave to appeal is refused without a hearing on all or any of the grounds specified in the ex parte motion, the applicant may renew the application for leave to appeal on any refused ground at a hearing.

(7) Notice of a renewed application under paragraph (6) shall be served on any party affected by the application within 5 days of the decision refusing leave wholly or in part, together with-

(a)the ex parte motion and the supporting documents lodged under paragraph (1); and

(b)a copy of the decision.

(8) The applicant shall lodge the notice of renewal application within 5 days of the decision refusing leave to appeal and the notice lodged shall be endorsed with particulars of service on the other parties.

(9) Where leave to appeal is granted on all or any of the grounds in the ex parte motion-

(a)the ex parte motion shall be treated as the notice of appeal insofar as it relates to the grounds on which leave has been granted; and

(b)the applicant shall within 5 days of the decision granting leave serve on all parties to the appeal-

(i)the motion together with a copy of the supporting documents lodged under (1); and

(ii)a copy of the decision.

(10) Where an application for leave to appeal is renewed or where leave to appeal is granted, the respondent may lodge a response not less than 2 clear days before the hearing and shall at the same time serve a copy of the response on the other parties to the proceedings."

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No. 346) to amend Order 61A by substituting a new rule 3 to make provision for applications for leave to appeal to the High Court under sections 26, 28, 103, 105, 108 and 110 of the Extradition Act 2003 (c.41).