Northern Ireland Act 1962

JurisdictionUK Non-devolved
Citation1962 c. 30


Northern Ireland Act , 1962

(10 & 11 Eliz. 2.) CHAPTER 30

An Act to amend with regard to certain matters, and empower Her Majesty in Council to amend with regard to others, the law concerning the administration of justice in Northern Ireland; to enlarge the legislative power of the Parliament of Northern Ireland; to amend other law applicable to Northern Ireland; to lay down a rule for interpreting, in the application to Northern Ireland of Acts of Parliament, certain expressions commonly used therein; and to repeal obsolete, unnecessary or spent enactments applying to Northern Ireland.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Administration of Justice

Administration of Justice

S-1 Appeals to the House of Lords.

1 Appeals to the House of Lords.

(1) Subject to the provisions of this section, to any restriction imposed by an enactment of the Parliament of Northern Ireland which has effect by virtue of this section, and to any restriction imposed by virtue of section four of this Act, an appeal shall lie to the House of Lords from any order or judgment of the Court of Appeal made or given on or after such day as Her Majesty may by Order in Council appoint for the purposes of this section.

(2) No appeal shall lie under this section except with the leave of the Court of Appeal or of the House of Lords.

(3) Sections four and five of the Appellate Jurisdiction Act, 1876 (which respectively provide for the bringing of appeals under that Act by way of petition and regulate the composition of the House of Lords for the hearing and determination of such appeals) shall apply to an appeal under this section, and to the hearing and determination thereof, as they apply respectively to an appeal under that Act, and to the hearing and determination thereof.

(4) The House of Lords may by order provide for the hearing and determination by a Committee of that House of petitions for leave to appeal under this section from the Court of Appeal, and the said section five shall apply to the hearing of any such petition by a Committee of that House as, by virtue of the last foregoing subsection, it applies to the hearing and determination of an appeal under this section.

(5) Section eleven of the said Act of 1876 (which relates to the manner in which, and conditions on which, appeals lie to the House of Lords under that Act) shall have effect as if the references therein to that Act included references to this section.

(6) This section does not apply to an order or decision of the Court of Appeal from which an appeal lies under section one, thirteen or eighteen of the Administration of Justice Act, 1960.

(7) No appeal from an order or judgment of the Court of Appeal shall, unless it involves a decision of any question as to the validity of any law made by, or having the effect of an Act of, the Parliament of Northern Ireland, lie under this section in a case where, by any enactment in force immediately before the day appointed for the purposes of this section (other than section eleven of the Annual Revision of Rateable Property (Ireland) Amendment Act, 1860), it is expressly provided (whatever form of words is used) that that order or judgment is to be final.

(8) No limitation or restriction imposed by the Government of Ireland Act, 1920, on the power of the Parliament of Northern Ireland to make laws shall be construed so as to prevent that Parliament from making a law providing that an order or judgment of the Court of Appeal made or given in proceedings instituted under or by virtue of an enactment of that Parliament shall, unless it involves such a decision as is mentioned in the last foregoing subsection, be final, or so as ever to have prevented that Parliament from making a law providing that an order or judgment of that Court made or given as aforesaid should be final.

S-2 Restrictions on appeals to the Court of Appeal.

2 Restrictions on appeals to the Court of Appeal.

(1) No appeal to the Court of Appeal shall lie—

(a ) except as provided by the Administration of Justice Act, 1960, from any judgment of the High Court in any criminal cause or matter;

(b ) from an order allowing an extension of time for appealing from a judgment or order;

(c ) from an order of a judge giving unconditional leave to defend an action;

(d ) from an order or judgment of the High Court or any judge thereof where it is provided by or by virtue of any enactment (including an enactment contained in this Act) that that order or judgment or the decision or determination upon which it is made or given is to be final;

(e ) from a decree absolute for the dissolution or nullity of marriage by a party aggrieved thereby who, having had time and opportunity to appeal from the decree nisi on which the decree absolute was founded, has not appealed from that decree nisi;

(f ) without the leave of the court or judge making the order, from an order of the High Court or any judge thereof made with the consent of the parties or as to costs only which by law are left to the discretion of the court;

(g ) from any order made in chambers which has not been drawn up as an order of the court, without the leave of the judge by whom the order was made or of the Court of Appeal;

(h ) without the leave of the judge or of the Court of Appeal, from any interlocutory order or interlocutory judgment made or given by a judge of the High Court, except in the following cases, namely,—

(i) where the liberty of the subject or the custody of infants is concerned;

(ii) where an injunction or the appointment of a receiver is granted or refused;

(iii) in the case of a decision determining the claim of any creditor or the liability of any director or other officer under the Companies Act (Northern Ireland), 1960, in respect of misfeasance or otherwise;

(iv) in the case of a decree nisi in a matrimonial cause or a judgment or order in an Admiralty action determining liability;

(v) in the case of an order on a special case stated under the Arbitration Act (Northern Ireland), 1937;

(vi) in such other cases as may be prescribed by rules made under subsection (1) of section seven of this Act, being cases appearing to the authority making the rules to be of the nature of final decisions;

(i ) from the decision of the High Court on any question of law, whether on appeal or otherwise, under sections one hundred and seven to one hundred and thirty-six of the Representation of the People Act, 1949.

(2) An order refusing unconditional leave to defend an action shall not be deemed to be an interlocutory order within the meaning of the foregoing subsection.

(3) No limitation or restriction imposed by the Government of Ireland Act, 1920, on the power of the Parliament of Northern Ireland to make laws shall be construed so as to prevent that Parliament from making a law providing that an order or judgment of the High Court made or given in proceedings instituted under or by virtue of an enactment of that Parliament shall be final or so as ever to have prevented that Parliament from making a law providing that an order or judgment of that Court made or given as aforesaid should be final.

(4) Nothing in this section or in any law made by the Parliament of Northern Ireland shall affect the operation of sub-paragraph (2) of paragraph 6 of the First Schedule to the Irish Free State (Consequential Provisions) Act, 1922 (Session 2) (which provides for an appeal to the Court of Appeal where a decision of a court in Northern Ireland involves the decision of any question as to the validity of any law made by, or having the effect of an Act of, the Parliament of Northern Ireland and an appeal would not otherwise lie).

(5) As from the day appointed for the coming into operation of subsection (1) of this section, section twenty-four (appeals from the High Court to the Court of Appeal) of the Supreme Court of Judicature Act (Ireland), 1877, shall have effect with the substitution, for the words ‘save as hereinafter mentioned’, of the words ‘save as provided by section two of the Northern Ireland Act, 1962’.

(6) Subsection (1) of this section shall come into operation on such day as Her Majesty may by Order in Council appoint, but no restriction thereby imposed shall apply to an order or judgment of the High Court made or given before that day.

S-3 Powers of Her Majesty to transfer appellatejurisdiction of High Court to Court of Appeal.

3 Powers of Her Majesty to transfer appellatejurisdiction of High Court to Court of Appeal.

(1) Her Majesty may, by Order in Council, transfer to the Court of Appeal any jurisdiction which, under any enactment passed before the passing of this Act, is exercisable by the High Court or a judge thereof upon an appeal from the decision or determination of any inferior court or any tribunal, authority or person.

(2) An Order in Council under this section may make provision for any incidental or supplementary matters for which it appears to Her Majesty in Council to be necessary or expedient for the purposes of the Order to provide, and may amend or repeal any such enactment as aforesaid so far as may be necessary or expedient in consequence of provision made by the Order.

(3) In this section ‘appeal’ includes an appeal by way of case stated.

S-4 Power of Her Majesty to amend law with respect toremittals to, and removals from, county court, and destination of appealstherefrom.

4 Power of Her Majesty to amend law with respect toremittals to, and removals from, county court, and destination of appealstherefrom.

(1) Her Majesty may, by Order in Council,—

(a ) confer on the High Court power to remit to a county court, in whole or in part, any...

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