The Family Law (Northern Ireland) Order 1993

Article 16(1).

SCHEDULE 4 MINOR AND CONSEQUENTIAL AMENDMENTS

The Marriage (Declaration of Law) Act (Northern Ireland) 1944 (c. 7)

1.  In section 2 (marriages within certain degrees of relationship) for the words from “a marriage” to “(whether living or not)” in the second place where it occurs substitute “a marriage which, apart from Article 18 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984, would have been void by reason of the relationship of the persons to be married,”.

The Crown Proceedings Act 1947 (c. 44)

2.  In section 27(2) (attachment of moneys payable by the Crown), as it applies to the Crown in right of Her Majesty’s Government in the United Kingdom by virtue of Article 22 of the Crown Proceedings (Northern Ireland) Order 1981(1)—

(a) for “matrimonial causes rules made under Article 54 of the Matrimonial Causes (Northern Ireland) Order 1978” substitute “family proceedings rules made under Article 12 of the Family Law (Northern Ireland) Order 1993”;

(b) in paragraph (b), for “matrimonial causes rules” substitute “family proceedings rules”;

and Schedule 2 to that Order (which sets out the text of the Act as so applied) shall be modified accordingly.

The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (NI 35)

3.  In section 16(1) (interpretaion of Part II) in the definition of “collecting officer” for “Article 85(2)” substitute “Article 85(4)”.

The Statutory Rules (Northern Ireland) Order 1979 (NI 12)

4.  In Part I of Schedule 1 (rule-making authorities) for “The Northern Ireland Matrimonial Causes Rules Committee” substitute “The Northern Ireland Family Proceedings Rules Committee”.

The Domestic Proceedings (Northern Ireland) Order 1980 (NI 5)

5.  In Article 25 (supplementary provisions with respect to variation and revocation of orders), in paragraph (2) (power of court of summary jurisdiction under Article 86 of the 1981 Order to vary etc., order not to apply to order under Part I of this Order) after “money” insert “and the power of the clerk of petty sessions to vary such an order”.

6.  Article 36 (enforcement etc., of orders for payment of money)—

(a) in paragraph (1) (which applies Article 85 of the 1981 Order with modifications to orders under Part I of this Order)—

(i) for “the said section 95 shall have effect as if in subsection (3) thereof,” substitute “the said Article 85 shall have effect as if, in paragraph (8)”; and

(ii) for the words ““the applicant for the order”” there shall be substituted ““the person who applied for the order””;

(b) in paragraph (3) at the beginning insert “Subject to Article 85(14) of the Order of 1981,”.

7.  In Article 39 (provisions as to payments required to be made to a child, etc.), in paragraph (1) (which permits payments to be made to person with whom child has his home and permits the collecting officer under Article 85(5) of the 1981 Order to proceed in his own name for recovery of arrears)—

(a) in paragraph (ii) for the words from “(but without prejudice” onwards substitute “or request or authorise the collecting officer under paragraph (1) or paragraph (2) respectively of Article 85A of the 1981 order”;

(b) in paragraph (6) (definitions), in the definition of “collecting officer” for “Article 85(2) or (3)” substitute “Article 85(4)”.

The Judgments Enforcement (Northern Ireland) Order 1981 (NI 6)

8.  In Article 98(a)(ii) (power to make attachment of earnings orders) for “Article 54(3)(f) of the Matrimonial Causes (Northern Ireland) Order 1978” substitute “Article 12(3)(f) of the Family Law (Northern Ireland) Order 1993”.

The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8)

9.  In Article 13(2) (remuneration of person giving legal aid) for “Article 54(3)(g) of the Matrimonial Causes (Northern Ireland) Order 1978” substitute “Article 12(3)(g) of the Family Law (Northern Ireland) Order 1993”.

The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

10.  In Article 98 (enforcement of orders for periodical payment of money)—

(a) in paragraph (7) (court not to make an order of, or issue a warrant of, commitment in certain circumstances)—

(i) for “may” substitute “shall not”;

(ii) for “is not due” substitute “is due”;

(iii) at the end add

“and without prejudice to the preceding provisions of this paragraph, the court shall not make such an order or issue such a warrant—

(a) in a case where the court has power to do so, if it is of the opinion that it is appropriate—

(i) to make an attachment of earnings order; or

(ii) to order that payments under the order be made by any method of payment falling within Article 85(7); or

(b) where the sum in question comprises only interest which that person has been ordered to pay under Article 86A(1)”;

(b) after paragraph (8) insert—

“(8A) The commitment to prison of a person under paragraph (5) or (6)(a) shall not operate to discharge him from liability to pay the sum in respect of which the order or commitment was made or the warrant of commitment was issued; but where a person has been imprisoned under an order of commitment made in respect of his failure to pay any sum, then, notwithstanding anything in this Order, no such order shall be made in respect of that sum or any part of it.”;

(c) in paragraph (11) at the end insert—

• “so, however, that in the case of orders mentioned in sub-paragraph (a), (b) or (d), this Article shall apply subject to any modifications specified in the statutory provision mentioned in that sub-paragraph.”.

11.  In Article 99(7) (court not to make an order of, or issue a warrant of, commitment in certain circumstances)—

(a) for “may” substitute “shall not”;

(b) for “is not due” substitute “is due”.

12.  In Article 100(2) (definitions), in the definition of “collecting officer” for “Article 85(2) or (3)” substitute “Article 85(4)”.

13.  In Article 101(2) (attachment of earnings order) for the words from “made” onwards substitute “in accordance with Article 85(1)”.

The Fines and Penalties (Northern Ireland) Order 1984 (NI 3)

14.  After Article 17(2)(f) (power to alter sums specified in certain provisions) insert—

“(ff) Article 85B(3) of the Magistrates' Courts (Northern Ireland) Order 1981 (penalty for breach of maintenance order);”.

The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4)

15.  In Article 36(5)(a) (definition of rules of court in relation to declaration as to marital status) for “matrimonial causes rules made under Article 54 of the principal Order” substitute “family proceedings rules made under Article 12 of the Family Law (Northern Ireland) Order 1993”.

16.  In Article 40(2) (appeals) for “matrimonial causes rules made under Article 54 of the principal Order” substitute “family proceedings rules made under Article 12 of the Family Law (Northern Ireland) Order 1993”.

(1)

S.I. 1981/233