28Provisions relating to determining substituted proceedings

#### 28 Provisions relating to determining substituted proceedings 28 Provisions relating to determining substituted proceedings > > (1) The following provisions apply in relation to substituted proceedings— > > > > > (a) the District Court is to be constituted as provided by its relevant courts legislation instead of as provided by this Act or enabling legislation, > > > > > (b) the legislation applicable to appeals against decisions of the District Court applies to decisions of the Court instead of appeal provisions specified by or under this Act, enabling legislation or any other legislation, > > > > > (c) the practice and procedure applicable in the District Court under its relevant courts legislation (and any laws applicable in relation to contempt of court) apply to the substituted proceedings instead of the practice and procedure specified by or under this Act, enabling legislation or any other legislation, > > > > > (d) the District Court may make orders giving effect to any settlement reached by the parties even if that settlement was reached before the substituted proceedings commenced, > > > > > (e) any other provisions (including by way of modifications to the provisions of this Act, enabling legislation or other legislation) as may be prescribed by the regulations in respect of the substituted proceedings of the kind concerned. > > > (2) Without limiting subsection (1)(e), the provisions that may be prescribed by the regulations for the purposes of the paragraph include provisions for or with respect to the following— > > > > > (a) the parties to substituted proceedings, > > > > > (b) fees and costs payable in respect of substituted proceedings, > > > > > (c) enabling a person or body to determine a matter for the District Court, > > > > > (d) the updating of references in provisions of this Act, enabling legislation or other legislation conferring or imposing functions exercisable in substituted proceedings by the District Court instead of some other person or body. > > > (3) The Minister is not to recommend the making of a regulation for the purposes of subsection (1)(e) unless the Minister certifies that— > > > > > (a) if the proposed provisions affect the exercise of jurisdiction or functions by the Commission—the President has agreed to the provisions, and > > > > > (b) if the proposed provisions affect the exercise of jurisdiction or functions by the District Court—the Chief Judge of the District Court has agreed to the provisions.