Made - - - - ***
Coming into operation - 25th February 2008
To be laid before Parliament
The Northern Ireland Supreme Court Rules Committee makes the following Rules in exercise of the powers conferred by sections 55 and 55A of the Judicature (Northern Ireland) Act 1978()
These Rules may be cited as the Rules of the Supreme Court (Amendment) 2008 and shall come into operation on 25th February 2008.
In Order 5—
for rule 6(2) substitute—
(2) Except as provided by paragraph (3), or under any other statutory provision, a body corporate may not begin or carry on any such proceedings otherwise than by a solicitor.;
after rule 6(2) insert—
(3) A body corporate may begin and carry on any such proceedings by an employee if—
(a) the employee has been authorised by the body corporate to begin and carry on proceedings on its behalf; and
(b) the Court grants leave for the employee to do so..
In Order 12—
for rule 1(2) substitute—
(2) A defendant to such an action who is a body corporate may only enter an appearance in the action or defend it by—
(a) a solicitor; or
(b) an employee if—
(i) the employee has been authorised by the body corporate to enter an appearance in the action or defend it on its behalf; and
(ii) the Court grants leave for the employee to do so.;
for rule 3(3) substitute—
(3) A memorandum of appearance must specify—
(a) in the case of a defendant appearing in person, the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent;
(b) in the case of a body corporate appearing by an employee, the registered or principal office of the body corporate within the jurisdiction or if it has no registered or principal office within the jurisdiction, the address of a place within the jurisdiction at or to which documents may be delivered or sent;
(c) in the case of a defendant appearing by a solicitor, a business address of his solicitor’s within the jurisdiction,
and where the defendant enters an appearance in person or by an employee the address within the jurisdiction specified under sub-paragraph (a) or (b) shall be the address for service, but otherwise the business address of the defendant’s solicitor shall be the address for service..
InOrder 64, rule 1(a) after the words “both days included”, insert the words “or on such other five days as the Lord Chief Justice may direct”.
In Order 93—
after rule 1(2)(p) insert—
(q) The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 and the Electricity Regulations (Northern Ireland) 2007.;
after rule 10 insert —
The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 and the Electricity Regulations (Northern Ireland) 2007
11. In rules 12 to 14—
“the 2007 Order” means the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007();
“the 2007 Regulations” means the Electricity Regulations (Northern Ireland) 2007();
“the Authority” means the Northern Ireland Authority for Utility Regulation; and
“the defendant” means the occupier of the premises to which the warrant relates.
12. An order under paragraph 16 or 17 of Schedule 1 to the 2007 Order, or under regulation 33(1) of the 2007 Regulations shall be registered by lodging in the Chancery Office a certified copy of the order.
13. The jurisdiction of the Court under paragraph 2 of Schedule 3 to the 2007 Order may be exercised by a judge in chambers.
14.—(1) An application for a warrant under paragraph 2 of Schedule 3 to the 2007 Order shall be made by originating summons.
(2) An originating summons under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the 2007 Order.
(3) An application shall be supported by an affidavit which shall state—
(a) that a warrant is sought under paragraph 2 of Schedule 3 to the 2007 Order;
(b) the address or other identification of the premises to which the warrant relates and the connection between the defendant and those premises;
(c) the details of any other possible occupants of those premises;
(d) the subject matter and purpose of the investigation to which the warrant relates and the nature of the suspected offences under paragraph 4 of Schedule 3 to the 2007 Order;
(e) the anticipated date for the execution of the warrant;
(f) the name(s) of the officer(s) of the Authority who will execute the warrant and whose name(s) will appear on the warrant;
(g) the position held by the named officer(s) of the Authority; and
shall be accompanied by a draft of the warrant being sought.
(4) A copy of the authorisation containing the name(s) of the named officer(s) of the Authority shall be annexed to the affidavit.
(5) Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.
(6) The summons, affidavit and draft warrant shall be lodged with the Court no less than two clear days before the date fixed for hearing of the summons.
(7) The warrant shall be in Form No. 75..
In Appendix A after Form No.74, insert the Form set out in the Schedule to these Rules.
Dated
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.
Minister of State
Ministry of Justice
Dated
SCHEDULE Rule 6
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“No. 75 |
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Warrant for entry of premises issued under paragraph 2 of Schedule 3 to the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (O.93 r.14(7)) |
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In the High Court of Justice in Northern Ireland 20 , No. Division Applicant: Northern Ireland Authority for Utility Regulation TO: [insert name and address of defendant or, if a company, its registered office and registered number]. 1. This Warrant was issued by a judge of the High Court on the day of 20 , on the application of the Northern Ireland Authority for Utility Regulation (“the Authority”) under paragraph 2 of Schedule 3 to the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (“the 2007 Order”). The Warrant continues in force until the end of the period of one month beginning with the day on which it is issued. 2. This Warrant is issued in respect of an investigation by the Authority into [set out the subject matter and purpose of the investigation]. 3. On production of this Warrant, [insert name], who is an officer of the Authority [“named officer”] and [insert name], who is an officer of the Authority authorised in writing by the Authority to accompany the named officer, are authorised— (a) to enter the premises at [insert name] (“the premises”), using such force as is reasonably necessary for the purpose; (b) to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application referred to in paragraph 1 of this Warrant was granted (“the relevant kind”); (c) to take possession of any documents appearing to be of the relevant kind if— (i) such action appears to be necessary for preserving the documents or preventing interference with them; or (ii) it is not reasonably practicable to take copies of the documents on the premises provided that any document of which possession is taken may be retained for a period of three months; (d) to take any other steps which appear necessary for the purpose mentioned in paragraph 3(c)(i) above; |
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(e) to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of his knowledge and belief, where it may be found; (f) to require any information which is held in a computer and is accessible from the premises and which the named officer considers relates to any matter relevant to the investigation, to be produced in a form— (i) in which it can be taken away, and (ii) in which it is visible and legible. WARNING 4. Paragraph 4(1) of Schedule 3 to the 2007 Order provides that a person is guilty of an offence if he fails to comply with a requirement imposed on him under paragraph 1 or 2 of Schedule 3 to the 2007 Order. 5. If a person is charged with an offence under paragraph 4(1) of Schedule 3 to the 2007 Order in respect of a requirement to produce a document, it is a defence for him to prove— (a) that the document was not in his possession or under his control; and (b) that it was not reasonably practicable for him to comply with the requirement. 6. If a person is charged with an offence under paragraph 4(1) of Schedule 3 to the 2007 Order in respect of a requirement— (a) to provide information, (b) to provide an explanation of a document, or (c) to state where a document is to be found, it is a defence for him to prove that he had a reasonable excuse for failing to comply with the requirement. 7.A person guilty of an offence under paragraph 4(1) of Schedule 3 to the 2007 Order is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. 8. Under paragraph 4(7) of Schedule 3 to the 2007 Order, a person who intentionally obstructs any other person in the exercise of his powers under a warrant issued under paragraph 2 of Schedule 3 to the 2007 Order is guilty of an offence. |
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9.Under paragraph 4(8) of Schedule 3 to the 2007 Order, a person is guilty of an offence if, having been required to produce a document under paragraph 2 of Schedule 3 to the 2007 Order— (a) he intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it, or (b) he causes or permits its destruction, disposal, falsification or concealment. 10. Under paragraph 4(9) of Schedule 3 to the 2007 Order, if information is provided by a person to an investigating officer in pursuance of a requirement imposed under paragraph 2 of Schedule 3 to the 2007 Order, that person is guilty of an offence if— (a) the information is false or misleading in a material particular, and (b) he knows that it is or is reckless as to whether it is. 11. A person guilty of an offence under paragraph 4(7), 4(8) or 4(9) of Schedule 3 to the 2007 Order is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; or (b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both. 12. In this warrant— “document” includes information recorded in any form; “information” includes estimates and forecasts; “premises” does not include domestic premises unless— (a) they are also used in connection with the affairs of an undertaking, or (b) documents relating to the affairs of an undertaking are kept there, but does include any vehicle. Dated this day of 20 (signed)” |
(This note is not part of the Rules)
These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 so as to—
— allow a body corporate to be represented in the High Court by an employee whom they have authorised to act on their behalf and whom the Court has approved, and to provide that in such circumstances the address entered on the memorandum of appearance should be that of the registered or principal office of the body corporate within the jurisdiction (rules 2 and 3);
— allow flexibility in the sittings of the Supreme Court during Michaelmas term by providing that Halloween recess may fall on days other than those specified, where the Lord Chief Justice so directs (rule 4);
— provide for the registration of an order under paragraph 16 or 17 of Schedule 1 to the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 or regulation 33 (1) of the Electricity Regulations (Northern Ireland) 2007 (rule 5); and
— provide for the procedure on an application for a warrant under paragraph 2 of Schedule 3 to the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 and the form of a warrant (rules 5 and 6)