Valentine: All Laws of Northern Ireland

Commentary

Valentine’s All the Law of Northern Ireland covers the whole spectrum of Northern Irish law and is designed to enable practitioners to answer the full range of questions likely to arise in the course of their work. Written by Barry Valentine who has been a practising barrister in Northern Ireland since 1974 until 2015.

It is a collection of the complete text, up-to-date and as applying to Northern Ireland, of Acts, Orders, Rules and regulations relating to law, procedure and evidence, and a note of all Northern Ireland case law, relevant Irish case law. Most English case law is deliberately omitted, however, a few English cases are included if they are of fundamental importance, of particular importance in NI, or differ from NI case law.

GENSTATS is the bedrock of the work. It cross-references by hyperlink to material which is in the other subject matter areas.

It contains or cross-references in chronological order:

  • All the Acts of the NI Parliament/Assembly and SIs
  • All Westminster Acts which apply to NI in any way, though not necessarily the full text.

CRIMSTATS contains law relevant to criminal law and procedure arranged by subject-matter

SUBORDINATE LEGISLATION contains:

  • Virtually all the Statutory Rules and Orders of Northern Ireland (SRs) and important Statutory Instruments of UK (SIs)
  • Some SRs and SIs. Some SRs and SIs which are regarded as being in the nature of rules of procedure for courts and tribunals are contained in GENSTATS; there are cross-references to them in the Subordinate Legislation files. Some SRs and SIs which concern criminal law and procedure are contained in CRIMSTATS; there are cross-references to them in the Subordinate Legislation files.

There are also separate files on important legislation which has been repealed but whose provisions may still be relevant to the facts of a particular case, eg the Companies (NI) Order 1986 in Companies and Firms pre-2009 in GENSTATS.

In the subject-matter files in GENSTATS, statutes and cases have been tied to the equivalent headings in Halsbury’s Laws of England (denoted by *hl:), enabling the reader to go to Halsbury’s Laws of England to view the narrative statement of English law.

What it contains:

  • All NI statutes;
  • UK Acts which have a particular importance for the law or which have a particular application to Northern Ireland;
  • UK Statutory Instruments of particular interest; and
  • NI Statutory Rules & Orders.

What it does not contain:

  • Some NI statutes or parts thereof which are of only local, financial or administrative interest;
  • UK Acts and SIs which are of general application to the United Kingdom, have no particular interest to lawyers and which do not have a particular application to NI. For all such Acts a cross-reference is given to the appropriate Volume of Halsbury’s Statutes (‘HalsbyStats’) or Halsbury’s Statutory Instruments, where the full text can be found. UK-wide Acts and SIs are also available on the LexisLibrary.
  • Provisions in UK Acts which merely provide that the NI Parliament or Assembly, or the Secretary of State by Order-in-Council for NI, has power to pass legislation for the same purposes as the Act

  • Forms annexed to Rules are listed but only some important forms are set out in full;
  • European Union Directives and Regulations; and
  • International Treaties.

Where the symbol ?? appears, this means that there is some point or query about the text yet to be resolved.

The online version is up-to-date so far as reasonably practicable on materials available at the date published.

Please note that whilst legislation is almost completely up to date on the date of publication, there is a time lapse of some months in incorporating case law judgments. Statute law is usually as stated in the published material up to a few weeks before the date of each new version of this work. Case law will be as published in the Law Reports to date. As regard judgments as yet unreported in the Law Reports, there will be a time lag of about six months, especially in decisions at first instance, as they may be subject to appeal. An effort will be made to include more up-to-date decisions of the Court of Appeal and Supreme Court.

The author has sought to include at relevant points a note of all decisions of Northern Ireland Courts and the House of Lords/Supreme Court on appeal therefrom. At the moment this includes all such decisions since 1994 and all NI cases reported in the official Law Reports from the inception of the State in 1921, omitting those which appear to be overruled, obsolete or no longer authoritative. Many older decisions are made under statutes which have been repealed and their purport is described in the context of the equivalent statute that is now in force.

All legislation is printed with all amendments thereto in force to the date of publication. Thus for example, if s.10 of an Act of 2005 amends s.5 of an Act of 1996, the text of the amending provision will be found in s.5 of the 1996 Act, not in s.10 of the 2005 Act.

It cannot be guaranteed that the law is exactly stated as it is on that date, because of possible delay in the publishing on the internet of very recent legislation.

In order to keep the text as clear as possible, the source of amendments is only noted where it seems helpful to do so. The source of all amendment to NI statutes to Dec 2005 can be found in the Cumulative Supplement to Statutes Revised (NI) 1981 and the government internet sites (see ospsi.gov.uk), to UK Acts in Halsbury’s Statutes (‘HalsbyStats’) and the other platforms in this Lexis-Nexis Butterworths internet site, or the Chronological Table of Statutes in NI. Source of important amendments made since 2011 is usually given. The date of coming into force of statute and the date from which a statute is amended or repealed is given where it is within the last few years or where it seems otherwise important (e.g. in the area of land law and wills). The source and date of all amendments to SRs and SIs is given as there is no other easily read published record thereof.

Where there is a prospective amendment or replacement of a statutory provision which appears not yet to be in force, the author has set out the statute in its original form and the amending provisions are found in the amending statute.

Provisions in a statute which apply only to England or Scotland are omitted.

Indirect amendments (i.e. where a statute has the effect of changing the effect of a large number of previous provisions without specifying each individually) are indicated by putting the changed words in square brackets. So also where old rules are operating under a new statute and there has been no express amendment to the rules updating the references to the statute, the author has updated them. Also the current officer or minister who exercises powers under older statutes is indicated, so far as the author can ascertain.

By virtue of the Interpretation Acts, where a statute is repealed and replaced, any reference to the repealed statute is impliedly amended by substitution of reference to the replacing statute and any rules or regulations made under it are impliedly deemed to continue to operate under the replacing statute. Every effort has been made in this work to identify and set out these modifications, using square brackets to indicate the implied amendment.

Note that in titles of Acts they are Acts of the UK Parliament unless the words ‘(Ireland)’ or ‘(Northern Ireland)’ appear after the word “Act”.

In cross-references:

  • 1988 c.1, means a UK Act 1988 Chapter 1
  • 1965 NI c.1 means an Act of the NI Parliament of 1965 Chapter 1
  • 1985 NI 1 means an Order in Council ranking as an NI statute, of 1985 given the NI number 1.
  • 2000 NI c.1 means an Act of the NI Assembly of 2000 Chapter 1
  • SR (NI) 1995/100 means an SR & O (NI) 1995 No.100
  • SI 1996/100 means a Statutory Instrument (UK) 1996 No.100
  • SR (UK) 1930/10 means a statutory SR of the UK before 1848

Barry Valentine’s Annotations to statutes or rules are marked in square brackets with the word ‘Annotation’.

Abbreviations

AndersonLegal Costs in Northern Ireland (SLS 1993)
ArchboldArchbold Criminal Pleading and Practice
Bar HandbookCode of Conduct of the Bar of Northern Ireland (1990)
BlackstoneCriminal Practice
CarletonJurisdiction and Procedure in the County Courts in Ireland (2nd ed., Dixon, Dublin 1891)
CCACourt of Criminal Appeal
CC judgecounty court judge
CC RulesCounty Court Rules
CF RulesCourt Funds Rules (NI) 1979
Chronological Table NIChronological Table of Statutes in NI (HMSO)
Civil Proceedings-The County Court,Civil Proceedings - The County Court, by B.J.A.C. Valentine (SLS 1999)
Civil Proceedings-The Supreme Court,Civil Proceedings - The Supreme Court, by B.J.A.C. Valentine (SLS 1997)
Connolly ImmigrationImmigration Law of Northern Ireland by Fionnuala Connolly (SLS 2011)
CopingerLaw and Practice of the County Courts in Ireland (Dublin 1858)
Crim LRCriminal Law Review (monthly journal)
CRUCompensation Recovery Unit
Cumulative Supplement (NI)Cumulative Supplement to Statutes Revised (NI) 1981 (HMSO) [was published annually]
DaniellChancery Practice (1914)
Deasy’s ActLandlord and Tenant Law Amendment (Ireland) Act 1860
ECHREuropean Convention on Human Rights 1950
ECtHREuropean Court of Human Rights
EJ OfficeEnforcement of Judgments Office
EUEuropean Union (formerly European Community)
F & P OrderFines and Penalties (NI) Order 1984
FP RulesFamily Proceedings Rules (NI) 1996
GabbettTreatise on the Criminal Law by Joseph Gabbett (Dublin 1843) Vol. 1
GrattanSuccession Law in Northern Ireland (SLS 1996)
Halsbury’s SIsHalsbury’s Statutory Instruments (22 vols.)
Halsbury’s LawsHalsbury’s Laws of England and Wales (5th ed. 2008-, unless otherwise stated)
HalsbyStatsHalsbury’s Statutes of England and Wales 4th ed. (50 vols.)
*hl:Halsbury’s Laws of England and Wales (5th ed. 2008-, unless otherwise stated)
High CA IrHigh Court of Appeal in Ireland which was the appellate court from Northern Ireland and Southern Ireland 1920-1922
HR PracticeHuman Rights Practice (Sweet & Maxwell, loose-leaf. 2000-)
HubandJuries in Ireland (revised ed. 1911)
Hunter Northern Ireland Personal Insolvency (SLS 1992)
Index to SROsIndex to Statutory Rules and Orders in Force in Northern Ireland to 31.12.2004 (HMSO)
IrIreland
JSBCompendium of Sentencing Cases (Judicial Studies Board, NI), Vol. 1, January 1998 [now on NI Courts and tribunals website]
LA Gen RegsLegal Aid (General) Regulations (NI) SR (NI) 1965/217
LefroyCriminal Law of Ireland (2nd ed., Barton, 1862)
Levellevel of fine on the standard scale
LexisNexisThe Butterworths (LNB) subscription website which contains UK Acts and SIs as they apply to the UK as a whole
LPCLand Purchase Commission
NAVnet annual value for rating
NINorthern Ireland
NILQNorthern Ireland Legal Quarterly
O’ConnorO’Connor’s Irish Justice of the Peace (2nd ed. 1915)
OsborneCounty Courts in Ireland (Equity and Probate) (2nd ed., by AB Babington, 1910)
PACEPolice and Criminal Evidence (NI) Order 1989
RsCJRules of the Court of Judicature
SIUK Statutory Instrument
SRNI Statutory Rule and Order
SR (UK) UK Statutory Rule and Order (up to 1948)
TFEUTreaty on the Functioning of the European Union, the latest name for the Treaty of Rome 1957
White BookThe (English) Supreme Court Practice, published up to 1999 (1999 ed. unless otherwise stated) (Vol.1 unless otherwise stated)
Wylie’s Land LawIrish Land Law by JCW Wylie (Butterworths 3rd ed. 1997) (last edition which covers both parts of Ireland)
Wylie’s ConveyancingIrish Conveyancing Law by JCW Wylie (PB 1st ed. 1978) (covers both parts of Ireland)
Wylie Irish Judicature Acts (1905 ed.)The Judicature Acts (Ireland) and Rules of the Supreme Court 1905 (Dublin 1906)

Barry Valentine is the author of the following published text books:

  • County Court Procedure in Northern Ireland (SLS Publications NI, 1985) consultant editor T.F Glass
  • Civil Proceedings: the County Court (SLS Legal Publications NI, 1999)
  • Civil Proceedings: the Supreme Court (SLS Legal Publications NI, 1997) and Supplement 2000 [‘Supreme Court’ sis the former title of the Court of Judicature.]
  • Criminal Procedure in Northern Ireland (SLS Publications NI, 1990) consultant editor Judge A.R.Hart QC, and ‘PACE’ Supplement 1990
  • Criminal Procedure in Northern Ireland (SLS Legal Publications NI, 2nd ed. 2010)
  • Booklet of Criminal Offences in NI (various editions from 1988, last ed. LSNI 2013)
  • Cricket’s Dawn that Died – The Australians in England 1938 (Breedon Books 1991)

© Barry Valentine 2014

All statutory material is Crown Copyright and is reproduced by permission. Contains public sector information licensed under the Open Government Licence v2.0. and similar permission for Irish statute law