ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954

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ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 5



5.(1) The Ministry may require a council to deliver to it, within such
reasonable time as the Ministry may specify, a statement setting out full
particulars of all estates and interests in or attaching to courthouses and
courtrooms owned by or let to the council and of all property, rights and
liabilities held, enjoyed or incurred in connection therewith, and may require
such further information to be supplied and documents (including plans, title
deeds, agreements and other documents) to be handed over to the Ministry as
may appear to the Ministry to be necessary for the due transfer of any
property, rights or liabilities under this Part of this Act.

(2) Where, with the permission of the Ministry, the council retains after the
appointed day possession of any document relating to the title to, or to the
tenancy of, or to the control or management of, any courthouse or courtroom or
to any right or liability connected therewith, the council shall be deemed to
have given to the Ministry an acknowledgment in writing to production of that
document and to delivery of copies thereof and an undertaking in writing for
the safe custody thereof, and section nine of the Conveyancing and Law of
Property Act, 1881, shall, notwithstanding anything in sub-section (13)
thereof, apply to that acknowledgment and undertaking.

(3) In the construction and for the purposes of any enactment, judgment,
decree, order, award, deed or other instrument or document (including a policy
of insurance) passed or made before the appointed day in relation to any
courthouse or other property, rights or liabilities transferred under this
Part of this Act, references to the council from whom such property, rights
and liabilities are transferred shall be construed as references to
the Ministry.

(4) Without prejudice to the generality of the preceding provisions of this
section

(a)where any property or right transferred under this Part of this Act or the
title to any such property or right is entered on any register kept in
pursuance of any enactment, the name of the Ministry shall at its request be
substituted for that of the council on such register and it shall be the duty
of the person keeping such register to comply with such request and to take
such other action as may be necessary on his part to give effect to any
transfer effected under this Part of this Act;

(b)where under this Part of this Act any right or liability of a council
becomes a right or liability of the Ministry, the Ministry and all other
persons shall, as from the appointed day, have the like rights, powers and
remedies for ascertaining, perfecting and enforcing that right or liability as
if the right or liability had remained a right or liability of the council;

Para.(c) spent

(5)Any question as to whether any property, right or liability has been or
will be transferred under this Part of this Act and any dispute arising
between the Ministry and a council with respect to any courthouse or courtroom
(including a dispute arising with respect to apportionment of liabilities) may
in accordance with county court rules be referred to and determined by the
judge of the county court having jurisdiction in the area in which the
courthouse concerned is situated, and the determination of such judge on such
reference shall be final.

S.6 rep. by SLR 1976

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Northern Irish Legislation

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 5