Northern Ireland (Miscellaneous Provisions) Bill (HC Bill 9)
SCHEDULE continued
Northern Ireland (Miscellaneous Provisions) BillPage 20
substitute—
“(3A)
After making magistrates’ courts rules the Rules Committee must
submit them to the relevant authority.
(3AA)
The relevant authority must, after consultation with the Lord
5Chief Justice, allow or disallow rules submitted to it.
(3AB)
Magistrates’ courts rules have effect only if the relevant authority
allows them.
(3AC)
If the relevant authority disallows rules submitted to it, it must
give the Rules Committee written reasons why it has disallowed
10them.”
(2) After Article 13 of that Order insert—
“Control of magistrates’ courts rules
13A
(1)
Magistrates’ courts rules that are required under Article 13 to be
submitted to the Lord Chancellor are subject to annulment in
15pursuance of a resolution of either House of Parliament in the
same manner as a statutory instrument and section 5 of the
Statutory Instruments Act 1946 applies accordingly.
(2)
Magistrates’ courts rules that are required under Article 13 to be
submitted to the Department of Justice are subject to negative
20resolution.”
Inquests
5
(1)
In section 36 of the Coroners Act (Northern Ireland) 1959 (c. 15)1959 (c. 15) (rules and
fees), for subsections (1C) and (1D) substitute—
“(1C)
After making rules under subsection (1)(b) the Lord Chief Justice
25must submit them to the relevant authority.
(1CA) The relevant authority must allow or disallow rules submitted to it.
(1CB)
Rules made under subsection (1)(b) have effect only if the relevant
authority allows them.
(1D)
If the relevant authority disallows rules submitted to it, it must give
30the Lord Chief Justice written reasons why it has disallowed them.”
(2) After section 36 of that Act insert—
“36A Control of rules
(1)
The following rules are subject to annulment in pursuance of a
resolution of either House of Parliament in the same manner as a
35statutory instrument—
(a) rules made by the Lord Chancellor under section 36(1)(a);
(b)
rules made under subsection (1)(b) of section 36 that are
required under that section to be submitted to the Lord
Chancellor;
40and section 5 of the Statutory Instruments Act 1946 applies
accordingly.
Northern Ireland (Miscellaneous Provisions) BillPage 21
(2) The following rules are subject to negative resolution—
(a)
rules made by the Department of Justice under section
36(1)(a);
(b)
rules made under subsection (1)(b) of section 36 that are
5required under that section to be submitted to that
Department.”
Application of amendments made by Schedule
6
The amendments made by this Schedule have effect in relation to rules made
on or after the day on which this Schedule comes into force.