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The Family Homes and Domestic Violence (Northern Ireland) Order 1998

Status:

This is the original version (as it was originally made).

The Insolvency (Northern Ireland) Order 1989 (NI 19)

In Article 309 (rights of occupation, etc., of bankrupt’s spouse)—

(a)in paragraph (1), for “rights of occupation under the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984” substitute “matrimonial home rights under the Family Homes and Domestic Violence (Northern Ireland) Order 1997”;

(b)in paragraph (2)—

(i)for “rights of occupation under the Order of 1984” substitute “matrimonial home rights under the Order of 1998”;

(ii)in sub-paragraph (b), for “Article 4” substitute “Article 11”;

(c)in paragraph (4), for “Article 4 of the Order of 1984” substitute “Article 11 of the Order of 1998”.

In Article 310 (rights of occupation of bankrupt)—

(a)in paragraph (2), for “rights of occupation under the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984” substitute “matrimonial home rights under the Family Homes and Domestic Violence (Northern Ireland) Order 1997”;

(b)for paragraph (3) substitute the following paragraph

(3) The Order of 1998 has effect, with the necessary modifications, as if—

(a)the rights conferred by sub-paragraph (a) of paragraph (2) were matrimonial home rights under that Order,

(b)any application for leave such as is mentioned in that sub-paragraph were an application for an order under Article 11 of that Order, and

(c)any charge under sub-paragraph (b) of that paragraph on the estate or interest of the trustee were a charge under that Order on the estate or interest of a spouse.;

(c)in paragraph (4), for “Article 4 of the Order of 1984” substitute “Article 11 of the Order of 1998”;

(d)in paragraph (5), for “Article 4 of the Order of 1984” substitute “Article 11 of the Order of 1998”.

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