Judicature (Northern Ireland) Act 1978
Judicature (Northern Ireland) Act 1978 (1978 c. 23)
- Judicature (Northern Ireland) Act 1978 (1978 c. 23)
- Part I Constitution of the Court of Judicature of Northern Ireland
- 1 The Court of Judicature.
- 2 The High Court.
- 3 The Court of Appeal.
- 4 The Crown Court.
- 5 Divisions of the High Court.
- 6 Judges of one court empowered to assist another.
- 7 Further assistance for transaction of judicial business.
- 8 Additional provisions as to persons rendering judicial assistance.
- 9 Qualification to be judge of High Court or Court of Appeal
- 10 Judicial precedence.
- 11 Exercise of functions of Lord Chief Justice.
- 12 Appointment of the Lord Chief Justice and Lords Justices of Appeal
- 12A Appointment of judges of the High Court
- 12B Tenure of office: Lord Chief Justice
- 12C Tenure of office: Lords Justices of Appeal and certain High Court judges
- 13 Tenure of office, oath, etc.
- 14 Vacation of office.
- 15 Power of judges to act in cases relating to rates and taxes.
- Part II The High Court
- General jurisdiction
- 16 General jurisdiction of the High Court and its judges.
- 17 Assignment of business to judges.
- Supervisory and declaratory jurisdiction
- 18 Application for judicial review.
- 19 Stay and interim relief.
- 20 Damages.
- 21 Power to remit matter or reverse or vary decision.
- 22 Extension of supervisory powers of High Court.
- 23 Declaratory judgments.
- 24 Injunction concerning public office.
- 25 Power of High Court to vary sentence on certiorari.
- 25A Transfer of judicial review applications to Upper Tribunal
- Jurisdiction in relation to persons under disability
- 26 Wards of court.
- 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 29 Co-ordination of exercise of jurisdiction in relation to persons under disability.
- Admiralty jurisdiction
- 30 High Court to have exclusive original jurisdiction in admiralty.
- Miscellaneous powers of High Court
- 31 Remittal and removal of proceedings.
- 32 Restriction on institution of vexatious actions.
- 33 Execution of instruments by order of court.
- 33A Power of High Court to award interest on debts and damages.
- Part III The Court of Appeal and the Supreme Court
- 34 General jurisdiction of Court of Appeal.
- 35 Appeals to Court of Appeal from High Court.
- 36 Composition of Court of Appeal.
- 37 Powers of a single judge in Court of Appeal.
- 38 Powers of court for purposes of appeals.
- 39, 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 41 Appeals to Supreme Court in other criminal matters.
- 42 Appeals to Supreme Court in civil cases.
- 43 Appeals to Supreme Court from High Court.
- 44 Appeal in cases of contempt of court.
- 45 Appeal in habeas corpus proceedings.
- Part IV The Crown Court
- 46 Exclusive jurisdiction in trial on indictment.
- 47 Exercise of jurisdiction by Crown Court.
- 48 Committal for trial on indictment.
- 49 Sentences imposed and other decisions made by Crown Court.
- 50 Right of audience.
- 51 Process to compel appearance before Crown Court.
- 51A Issue of witness summons on application to Crown Court.
- 51B Power to require advance production.
- 51C Summons no longer needed.
- 51D Application to make summons ineffective.
- 51E Issue of witness summons of Crown Court’s own motion.
- 51F Application to make summons ineffective.
- 51G Punishment for disobedience to witness summons.
- 51H Further process to secure attendance of witnesses.
- 52 Crown Court rules.
- 53 Crown Court Rules Committee.
- 53A Making of Crown Court rules
- Part V Practice, Procedure and Trials
- 54 The Court of Judicature Rules Committee.
- 55 Rules of Court.
- 55A Making of rules of Court
- 56 Control and publication of rules.
- 57 High Court and Court of Appeal to be continuing courts.
- 58 Sittings of High Court and Court of Appeal.
- 59 Award of costs.
- 60 Taxation of costs.
- 61 Trial with assessors.
- 62 Trial with and without jury.
- 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 64 Jury in civil actions.
- 65 Rules of court in relation to juries in civil actions.
- 66 Certain affidavits taken abroad admissible without proof of seal etc.
- 67 Subpoenas in other parts of the United Kingdom.
- Part VI Departments and Officers
- 68 Departments.
- 68A Department of Justice’s duty
- 69 General Functions of the Department of Justice in relation to Courts and Judgments
- 70 Appointment and qualification of statutory officers.
- 71 Tenure of office of statutory officers.
- 72 Superannuation of statutory officers.
- 73 Restrictions on practice.
- 74 Deputies and temporary appointments.
- 75 Official Solicitor.
- 76 Property held by officers.
- Part VII Funds in Court
- 77 Accountant General.
- 78 Accounts of funds in court.
- 79 Accountant General to keep bank account.
- 80 Payments and transfers.
- 81 Investment of funds in court.
- 82 Rules as to funds in court.
- 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 84 Statutory deposits.
- 85 Provision for default to be made good.
- Part VIII Rules of Law in Judicial Matters Generally
- 86 Concurrent administration of law and equity to continue.
- 87 Assignment of debts and choses in action.
- 88 Certain stipulations not to be of the essence of contracts.
- 89 Merger.
- 90 Equitable waste.
- 91 Orders for sale, mandatory or other injunctions and receivers.
- 92 Damages in lieu of or in addition to injunction or specific performance.
- 93 Suits for possession of land by mortgagors.
- 94 Relief from ejectment.
- 94A Withdrawal of privilege against incrimination of self or spouse in certain proceedings.
- Part IX Inferior Courts
- County courts
- 95, 96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 97 Civil jurisdiction exercisable by circuit registrars.
- 98 Appointment and assignment of county court judges.
- 99 Qualifications of county court judges and deputy judges.
- 100 Appointment and assignment of resident magistrates.
- 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Supplementary
- 102 Supplementary.
- PART 9A Use of live links in court or tribunal proceedings: public participation & offences of recording etc
- 102A Enabling the public to see and hear proceedings
- 102B Offences of recording or transmission in relation to broadcasting
- 102C Offences of recording or transmitting participation through live link
- 102D Interpretation of Part 9A
- Part X Miscellaneous Matters
- 103 Appointment of justices of the peace.
- 103A Power of court of record to bind over
- 104 Under-sheriffs.
- 105 Solicitors to be officers of court.
- 106 Rights of audience in the High Court and Court of Appeal.
- 107 Qualification for holding office of solicitors who have been barristers and vice versa.
- 108 Election courts.
- 109 Enrolment etc. of instruments.
- 110 Court bonds.
- 111 Lost negotiable instruments.
- 112 Oaths and affidavits.
- 113 Appointment of conveyancing counsel.
- 114 Other law in Northern Ireland courts.
- 115 Official seals.
- 116 Fees.
- 117 Transfer of certain functions relating to courts to Lord Chancellor.
- 117A Allowances for judges.
- Part XI Interpretation and General
- 118 Application to the Crown.
- 119 Making and control of subordinate legislation.
- 120 Interpretation.
- 121 Financial provisions.
- 122 Minor and consequential amendments, transitional provisions and repeals.
- 123 Short title and commencement.
- SCHEDULES
- SCHEDULE 1 Appeals to Supreme Court in Certain Criminal Matters
- SCHEDULE 2 Departments of the Court of Judicature
- SCHEDULE 3 STATUTORY OFFICES
- SCHEDULE 4 Superannuation of Statutory Officers
- SCHEDULE 5 Minor and Consequential Amendments
- Part I General Amendments
- Part II Specific Amendments
- The Writ of Subpoena Act 1805
- The Tumultuous Risings (Ireland) Act 1831
- The Constabulary (Ireland) Act 1836
- The Parliamentary Documents Deposit Act 1837
- The Lands Clauses Consolidation Act 1845
- The Indictable Offences Act 1848
- The Railways Act (Ireland) 1851
- The Fines Act (Ireland) 1851
- The Petty Sessions (Ireland) Act 1851
- The Irish Bankrupt and Insolvent Act 1857
- The Landed Estates Court (Ireland) Act 1858
- The Railways Act (Ireland) 1860
- The Defence Act 1860
- The Tramways (Ireland) Act 1860
- The Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870
- The Bankruptcy (Ireland) Amendment Act 1872
- The Fines Act (Ireland) 1851, Amendment Act 1874
- The Appellate Jurisdiction Act 1876
- The Settled Estates Act 1877
- The Bills of Sale (Ireland) Act 1879
- The Settled Land Act 1882
- The Land Law (Ireland) Act 1887
- The Deeds of Arrangement Act 1887
- The Deeds of Arrangement Amendment Act 1890
- The Witnesses (Public Inquiries) Protection Act 1892
- The Life Insurance Companies (Payment into Court) Act 1896
- The Northern Ireland (Miscellaneous Provisions) Act 1932
- The Foreign Judgments (Reciprocal Enforcement) Act 1933
- . . .
- The Pensions Appeal Tribunals Act 1943
- . . .
- The Maintenance Orders Act 1950
- The Administration of Justice Act 1956
- The Geneva Conventions Act 1957
- The Administration of Justice Act 1960
- The Professions Supplementary to Medicine Act 1960
- The Veterinary Surgeons Act 1966
- The Arbitration (International Investment Disputes) Act 1966
- The Family Law Reform Act 1969
- The Administration of Justice Act 1969
- The Taxes Management Act 1970
- The Administration of Justice Act 1970
- The Misuse of Drugs Act 1971
- The Tribunals and Inquiries Act 1971
- The Administration of Justice Act 1973
- The Social Security (Northern Ireland) Act 1975
- The House of Commons Disqualification Act 1975
- The Northern Ireland Assembly Disqualification Act 1975
- The Northern Ireland (Emergency Provisions) Act 1978
- The Habeas Corpus Act (Ireland) 1781
- The Bankruptcy Amendment Act (Northern Ireland) 1929
- The Motor Vehicles and Road Traffic Act (Northern Ireland) 1929
- The Planning and Housing Act (Northern Ireland) 1931
- The Evidence Act (Northern Ireland) 1939
- The Matrimonial Causes Act (Northern Ireland) 1939
- The Landlord and Tenant (War Damage) Act (Northern Ireland) 1941
- The Criminal Justice Act (Northern Ireland) 1945
- The Prison Act (Northern Ireland) 1953
- The Administrration of Justice Act (Northern Ireland) 1954
- The Interpretation Act (Northern Ireland) 1954
- The Trustee Act (Northern Ireland) 1958
- The Coroners Act (Northern Ireland) 1959
- The County Courts Act (Northern Ireland) 1959
- The Resident Magistrates’ Pensions Act (Northern Ireland) 1960
- The Electoral Law Act (Northern Ireland) 1962
- The Magistrates’ Courts Act (Northern Ireland) 1964
- The Lands Tribunal and Compensation Act (Northern Ireland) 1964
- The Charities Act (Northern Ireland) 1964
- The Maintenance and Affiliation Orders Act (Northern Ireland) 1966
- The Costs in Criminal Cases Act (Northern Ireland) 1968
- The Treatment of Offenders Act (Northern Ireland) 1968
- The Children and Young Persons Act (Northern Ireland) 1968
- The Grand Jury (Abolition) Act (Northern Ireland) 1969
- The Judgments (Enforcement) Act (Northern Ireland) 1969
- The Nurses and Midwives Act (Northern Ireland) 1970
- The Registration of Deeds Act (Northern Ireland) 1970
- The Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971
- The Payments for Debt (Emergency Provisions) Act (Northern Ireland) 1971
- The Northern Ireland (Crown Proceedings) Order 1949
- The Prosecution of Offences (Northern Ireland) Order 1972
- The Health and Personal Social Services (Northern Ireland) Order 1972
- The Treatment of Offenders (Northern Ireland) Order 1976
- The Solicitors (Northern Ireland) Order 1976
- The Sexual Offences (Northern Ireland) Order 1978
- SCHEDULE 6 Transitional Provisions
- Part I General
- Part II The Crown Court
- Part III Statutory Officers
- SCHEDULE 7 REPEALS
- PART I ACTS OF THE PARLIAMENT OF ENGLAND, GREAT BRITAIN AND THE UNTIED KINGDOM
- PART II ACTS OF THE IRISH PARLIAMENT AND PARLIAMENT OF NORTHEN IRELAND.
- PART III ORDERS IN COUNCIL