Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979

Repeals, savings and transitional provisions N.I.

28.  Para. (1), with Schedule, effects repeals

(2) The repeal of those statutory provisions shall not affect their operation in relation to any application made thereunder (whether before or after the commencement of this Order) with reference to the death of any person who died before the commencement of this Order.

(3) Nothing in any repeal made by this Order shall affect any order made or direction given under any statutory provision repealed by this Order, and, subject to the provisions of this Order every such order or direction (other than an order made under section 3A of the Inheritance (Family Provision) Act (Northern Ireland) 1960 [1960 c.15] ) shall, if it is in force at the commencement of this Order or is made by virtue of paragraph (2), continue in force as if it had been made under Article 4(1)( a), and for the purposes of Article 8(7) the court in exercising its powers under that Article in relation to an order continued in force by this paragraph shall be required to have regard to any change in any of the circumstances to which the court would have been required to have regard when making that order if the order had been made with reference to the death of any person who died after the commencement of this Order.

(4) In the application of this Order to a former wife or former husband whose marriage with the deceased was dissolved or annulled, or to a wife or husband who was subject to a decree of judicial separation, under the Matrimonial Causes Act (Northern Ireland) 1939 [1939 c.13] before the commencement of Part III of the Matrimonial Causes (Northern Ireland) Order 1978 [1978 NI 15]

(a) the references in Article 16(1)( a) to a financial provision order under Article 25 and a property adjustment order under Article 26 of that Order shall include references to an order under section 19(1) or (2) (or under either of those subsections as applied by section 19(7)), or under section 19(4), 20 or 21, of that Act of 1939;

(b) the references in Article 18 to a secured periodical payments order under that Order shall include references to an order entitling the former wife or former husband to an annual sum of money from the deceased secured under an order made under subsection (1), or subsections (1) and (7), of section 19 of that Act of 1939 and an order in favour of a child under section 22(3) of that Act, and the reference in Article 18(1) to Article 33 of that Order shall include a reference to subsection (6) of the said section 19 as extended by section 5 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1951 [1951 c.7] ;

(c) the references in Article 20 to a secured periodical payments order under that Order shall include references to an order made under subsection (1), or subsections (1) and (7), of section 19 or under section 22(3) of that Act of 1939.