- Latest available (Revised)
- Original (As made)
Family Homes and Domestic Violence (Northern Ireland) Order 1998, Section 39 is up to date with all changes known to be in force on or before 29 June 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
39.—(1) Subject to any express provisions to the contrary made by or under this Order, an appeal shall lie to the High Court against—
(a)the making by a county court of any order under this Order; or
(b)any refusal by a county court to make such an order,
as if the decision had been made in the exercise of the jurisdiction conferred by Part III of the [1980 NI 3.] County Courts (Northern Ireland) Order 1980 and the appeal were brought under Article 60 of that Order.
(2) An appeal shall not lie to the High Court under paragraph (1)—
(a)on an appeal from a court of summary jurisdiction; or
(b)where the county court is a divorce county court exercising jurisdiction under the [1978 NI 15.] Matrimonial Causes (Northern Ireland) Order 1978 in the same proceedings.[F1 or]
[F1(c)where the county court is a civil partnership proceedings county court exercising jurisdiction under the Civil Partnership Act 2004.]
(3) Subject to any express provisions to the contrary made by or under this Order, an appeal shall lie to the county court against—
(a)the making by a court of summary jurisdiction of any order under this Order; or
(b)any refusal by a court of summary jurisdiction to make such an order.
(4) If the court of summary jurisdiction referred to in paragraph (3) is a family proceedings court—
(a)the county court to which the appeal under that paragraph lies shall be such county court as may be specified by order made by the Lord Chancellor[F2, after consultation with the Lord Chief Justice,] for the purposes of this paragraph; and
(b)section 178 of the [1968 c. 34 (N.I.).] Children and Young Persons Act (Northern Ireland) 1968 shall not apply where such a county court deals with such an appeal;
and except to the extent that the Lord Chancellor[F3, after consultation with the Lord Chief Justice,] by order otherwise provides, the jurisdiction of any such specified county court under this Order shall be exercisable throughout Northern Ireland (and accordingly Article 3(3)(b) of the [1980 NI 3.] County Courts (Northern Ireland) Order 1980 (jurisdiction exercisable throughout county court division) shall not apply.
(5) Where a court of summary jurisdiction has power, in relation to any proceedings under this Order, to decline jurisdiction because it considers that the case can more conveniently be dealt with by another court, no appeal shall lie against any exercise of that power by that court of summary jurisdiction.
(6) Without prejudice to Article 61 of the County Courts (Northern Ireland) Order 1980 (cases stated), rules of court shall make provision for an appeal to the Court of Appeal from any order made by a county court under this Order, or from the dismissal of any application for such an order, upon a point of law, a question of fact or the admission or rejection of any evidence, where the county court is a divorce county court exercising jurisdiction under the [1978 NI 15.] Matrimonial Causes (Northern Ireland) Order 1978 in the same proceedings[F1 or a civil partnership proceedings county court exercising jurisdiction under the Civil Partnership Act 2004 in the same proceedings].
(7) In paragraphs (8) to (10) “appellate court” means the High Court or the county court, as the case may be.
(8) On an appeal under this Article, the appellate court may make such orders as may be necessary to give effect to its determination of the appeal.
(9) Where an order is made under paragraph (8), the appellate court may also make such incidental or consequential orders as appear to it to be just.
(10) Any order of the appellate court made on an appeal under this Article (other than one directing that an application be re-heard by the county court or a court of summary jurisdiction) shall, for the purposes—
(a)of the enforcement of the order, and
(b)of any power to vary, revive or discharge orders,
be treated as if it were an order of the court from which the appeal was brought and not an order of the appellate court.
(11) The Lord Chancellor may[F4, after consultation with the Lord Chief Justice,] by order make provision as to the circumstances in which appeals may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under Article 34(5).
[F5(11A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (4) or (11)—
(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]
(12) Except to the extent provided for in any order made under paragraph (11), no appeal may be made against any decision of a kind mentioned in that paragraph.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: