Joint Committee on Statutory Instruments Seventh Report


APPENDIX 1

Memorandum by the Northern Ireland Court Service

CROWN COURT (AMENDMENT NO. 2) RULES (NORTHERN IRELAND) 1999 (S.R. 1999/491)

  1. This Memorandum is submitted at the request of the Joint Committee on Statutory Instruments in response to their letter of 12 January 2000 in which they asked for a Memorandum on the following point, arising in connection with the above Rules:

    "In Form 11, explain the relevance of the reference to paragraph 7 of Schedule 10 to the Northern Ireland Act 1998 (reference of devolution issue to Court of Appeal)".

  2. Form 11 is the form of order providing for the referral of a devolution issue from the Crown Court to the Judicial Committee of the Privy Council. Such an order would be made in accordance with paragraph 33 of Schedule 10 as reflected in rule 69(1) of the Rules. The reference in Form 11 to paragraph 7 of Schedule 10 is, therefore, an error. Paragraph 7 is irrelevant, relating as it does to the referral of a devolution issue to the Court of Appeal. The correct reference should have been to paragraph 33.

  3. The Court Service apologises for the unsatisfactory drafting and undertakes to correct the error at the earliest opportunity.

12 January 2000


 
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