The Magistrates' Courts (Northern Ireland) Order 1981 No. 1675 (NI. 26)

PART VIII N.I. CIVIL PROCEEDINGS UPON COMPLAINT

Modifications etc. (not altering text)

C1 Pt. VIII (arts. 77-90) applied (1.10.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 58, 100(5), Sch. 5 paras. 5(3), 10(2) (with s. 101(2)); S.I. 2009/1493, art. 2(a)(c)

C2 Pt. VIII (arts. 77-90) applied (prosp.) by Charities Act (Northern Ireland) 2008 (c. 12), ss. 147(4), 185(1)

C3 Pt. VIII referred to by S.I. 1996/3158 (N.I.), art. 76D(4)(b) (as inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 2; S.R. 2016/126, art. 2)

Jurisdiction exercisable upon civil complaint N.I.

Time within which civil complaint must be made to give jurisdiction N.I.

78.—(1) Subject to this Article and Article 98(1) and to Article 35 of the Domestic Proceedings (Northern Ireland) Order 1980F1 and without prejudice to the provisions of any other enactment as to the time within which proceedings may be commenced, a court of summary jurisdiction shall not have jurisdiction to hear and determine a complaint in a civil matter unless the complaint is made within six months from the time when the cause of complaint arose, or, where the cause of complaint is a continuing one, from the time such cause last ceased to continue.

(2) Nothing in this Article shall prevent a court of summary jurisdiction from exercising the powers referred to in Article 86 at any time after an order for the periodical payment of money has been made.

F1 1980 NI 5

Modifications etc. (not altering text)

C4 Art. 78(1) excluded (19.10.2023) by Protection from Stalking Act (Northern Ireland) 2022 (c. 17), ss. 12(3), 22(2); S.R. 2023/174, art. 2