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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 116

Enforcement of orders other than for the payment of money.

116.(1) The provisions of any enactments regulating the duties of the Royal
Ulster Constabulary with respect to warrants and the execution thereof shall
apply in relation to warrants issued under this Act to members of the Royal
Ulster Constabulary.

(2) Without prejudice to subsection (1), where for any reason the person to
whom a warrant is addressed is unable to execute it within the time fixed by
the warrant (or if no time has been so fixed, within a reasonable time), he
shall return the warrant to the resident magistrate or other justice of the
peace who issued it or who made the conviction or order upon which it was
issued together with a certificate in the prescribed form of the reasons why
the warrant has not been executed.

(3) The resident magistrate or other justice of the peace by whom a warrant
has been issued or who made the conviction or order upon which it was issued
may examine on oath the person to whom a warrant has been addressed concerning
the reasons why it has not been executed and may re-issue the warrant or may
issue any other warrant for the same purpose.

[(4) Without prejudice to sections 157 and 159, where the resident magistrate
or other justice of the peace who issued the warrant or made the conviction or
order upon which it was issued is unable to exercise his functions under
subsection (3) by reason of his having died, ceased to hold office or become
disqualified for holding office, or is for any other reason unable to perform
the functions of his office, his functions under that subsection shall be
exercisable by any resident magistrate.]

© 1964 Crown Copyright

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