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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

75.  For section 35A substitute the following section—

35A.    Further provisions with respect to variation etc. of orders by magistrates' courts in Northern Ireland.

(1) Notwithstanding anything in section 29(2) or 29A(6)(e) of this Act, a magistrates' court in Northern Ireland shall have jurisdiction to hear an application—

(a)for the variation or revocation of a registered order registered in that court, and

(b)made by the person against whom or on whose application the order was made,

notwithstanding that the person by or against whom the application is made is residing outside Northern Ireland.

(2) None of the powers of the court, or of the clerk, under section 34B of this Act shall be exercisable in relation to such an application.

(3) Where the respondent to an application for the variation or revocation of a registered order which is registered in a magistrates' court in Northern Ireland does not appear at the time and place appointed for the hearing of the application, but the court is satisfied—

(a)that the respondent is residing outside Northern Ireland, and

(b)that the prescribed notice of the making of the application and of the time and place appointed for the hearing has been given to the respondent in the prescribed manner,

the court may proceed to hear and determine the application at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the respondent had appeared at that time and place..

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