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The Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005

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PART IN.I.INTRODUCTORY

Title and commencementN.I.

1.—(1) This Order may be cited as the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005.

(2) Subject to the following provisions of this Article, this Order comes into operation on such day or days as the Department may by order appoint.

F1(3) This Part comes into operation on the expiration of 7 days from the day on which this Order is made.

(4) Part IV and Articles 22 and 23 come into operation on the expiration of one month from the day on which this Order is made.

(5) An order made under paragraph (2) may contain such transitional provisions and savings as appear to the Department to be necessary or expedient in connection with the provisions brought into operation by the order.

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F1Partly exercised by SR 2005/494

InterpretationN.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order—

“the Department” means the Department of Finance and Personnel;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

PART IIN.I.DEEDS AND OTHER INSTRUMENTS

Formalities for deeds executed by individualsN.I.

3.—(1) An instrument executed by an individual after the coming into operation of this Article is a deed, notwithstanding that it has not been sealed, if, and only if, it satisfies the requirements of paragraph (2).

(2) The requirements referred to in paragraph (1) are that the instrument is—

(a)expressed to be a deed, or to be a conveyance, assurance, mortgage, settlement, covenant, bond, specialty or other instrument, according to the nature of the transaction intended to be effected, which is required by law to be a deed;

(b)signed—

(i)by the individual executing it in the presence of a witness who attests the signature; or

(ii)at the direction of the individual executing it and in his presence and the presence of two witnesses who each attest the signature; and

(c)delivered as a deed by the individual executing it or by a person authorised to do so on his behalf.

(3) Where an instrument under seal that constitutes a deed is required for the purposes of any statutory provision passed or made before the coming into operation of this Article, this Article shall have effect as to signing, sealing and delivery of an instrument by an individual in place of any provision of that statutory provision as to signing, sealing and delivery.

Para. 4— Amendments

(5) In this Article “individual” does not include a corporation sole.

Execution of instruments by liquidatorN.I.

4.—(1) In Schedule 2 to the Insolvency (Northern Ireland) Order 1989 (NI 19)—

(a)in paragraph 8 (execution of documents in the name and on behalf of company being wound up), the words from “and for that purpose” to the end of that paragraph shall cease to have effect;

(b)after that paragraph there shall be inserted—

8A.  Power to use the companyís seal. .

(2) F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

Execution of instrument by donee of power of attorneyN.I.

5.—(1) Section 7 of the Powers of Attorney Act (Northern Ireland) 1971 (c. 33) (execution of instruments, etc. by donee of power of attorney) shall be amended as follows.

(2) For subsection (1) there shall be substituted—

(1) If the donee of a power of attorney is an individual, he may, if he thinks fit—

(a)execute any instrument with his own signature, and

(b)do any other thing in his own name,

by the authority of the donor of the power; and any instrument executed or thing done in that manner shall, subject to subsection (1A), be as effective as if executed by the donee in any manner which would constitute due execution of that instrument by the donor or, as the case may be, as if done by the donee in the name of the donor. .

(3) After subsection (1) there shall be inserted—

(1A) Where an instrument is executed by the donee as a deed, it shall be as effective as if executed by the donee in a manner which would constitute due execution of it as a deed by the donor only if it satisfies the requirements of paragraph (2) of Article 3 of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005. .

(4) In subsection (2), the words “and, in the case of a deed, by affixing his own seal” shall cease to have effect.

Delivery of deed by agentN.I.

6.—(1) Any rule of law which requires authority by one person to another to deliver an instrument as a deed on his behalf to be given by deed is abolished.

(2) Where a solicitor, or an agent or employee of a solicitor, in the course of, or in connection with, a transaction involving the sale or other disposition of—

(a)an estate in land; or

(b)an interest in the proceeds of sale of land,

purports to deliver an instrument as a deed on behalf of a party to the instrument, it is to be conclusively presumed in favour of a purchaser that he is authorised so to deliver the instrument.

(3) In paragraph (2)—

“disposition” includes a conveyance and also a devise, bequest or appointment of property by will;

“purchaser” means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who, for valuable consideration, acquires an estate in land or an interest in the proceeds of sale of land; and, in relation to a legal estate, includes a chargee by way of legal mortgage.

(4) Nothing in this Article applies in relation to instruments delivered as deeds before the coming into operation of this Article.

EscrowsN.I.

7.—(1) An instrument operating as an escrow may be revoked by the person delivering it at any time before it has effect.

(2) An instrument executed by a corporation is, and always has been, capable of operating as an escrow in the same circumstances and with the same consequences as an instrument executed by an individual.

Abolition of rule in Pigot's CaseN.I.

8.—(1) The rule of law known as the rule in Pigotís Case (which deals with the consequences of alterations in certain documents) is abolished.

(2) A material alteration to any document to which this paragraph applies does not, by itself, invalidate the document or render it voidable, or otherwise affect any obligation under the document.

(3) Paragraph (2) applies to the following documents—

(a)a deed;

(b)a contract in writing;

(c)any other document evidencing a contractual intention.

(4) This Article applies to alterations made before or after the coming into operation of this Article, but does not apply to proceedings instituted before this Article comes into operation.

Abolition of rule in Bain v. FothergillN.I.

9.  The rule of law known as the rule in Bain v. Fothergill (which restricts the damages recoverable for breaches of contract occasioned by defects in title to land) is abolished in relation to contracts made after the coming into operation of this Article.

PART IIIN.I.FAMILY HOMES AND DOMESTIC VIOLENCE

Interpretation of Part IIIN.I.

10.  In this Part, “the 1998 Order” means the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (NI 6).

Amendment of definition of “relative”N.I.

11.  In Article 2(2) of the 1998 Order (interpretation), in the definition of “relative”

(a)in paragraph (b), for “or nephew” there shall be substituted “ , nephew or first cousin ”;

(b)at the end of paragraph (b) there shall be inserted—

or

(c)the father-in-law, mother-in-law, brother-in-law or sister-in-law of that person, ;

(c)for “paragraph (a) or (b)” there shall be substituted “ paragraph (a), (b) or (c) ”.

“Cohabitees” to include same-sex couplesN.I.

12.—(1) In Article 2(2) of the 1998 Order (interpretation)—

(a)at the beginning of the definition of “cohabitee” and “former cohabitee” there shall be inserted “cohabit,” ;

(b)in the definition of “relative” (as amended by Article 11), for “is living or has lived with another person as husband and wife” there shall be substituted “ is cohabiting or has cohabited with another person ”.

(2) In Article 3(1) of the 1998 Order (meaning of “cohabitees”, “relevant child” and “associated persons”)—

(a)in sub-paragraph (a), for the words after “ “cohabitees” are” to the end of that sub-paragraph there shall be substituted “ two persons who, although not married to each other, are living together as husband and wife or (if of the same sex) in an equivalent relationship; ”;

(b)in sub-paragraph (b), for “former cohabitees” is to be read accordingly, but there shall be substituted “cohabit” and “former cohabitees” are to be read accordingly, but the latter expression”.

(3) In Article 14 of the 1998 Order (one cohabitee or former cohabitee with no existing right to occupy)—

(a)in paragraph (1)(c), for the words from “live together as” to the end there shall be substituted “ cohabit or a home in which they at any time cohabited or intended to cohabit. ”;

(b)in paragraph (6)(e), after “relationship” there shall be inserted “ and in particular the level of commitment involved in it ”;

(c)in paragraph (6)(f) for the words “lived together as husband and wife” there shall be substituted “ cohabited ”.

(4) In Article 16 of the 1998 Order (neither cohabitee nor former cohabitee entitled to occupy), in paragraph (1)(a), for the words “live or lived together as husband and wife” there shall be substituted “ cohabit or cohabited ”.

(5) Article 19 of the 1998 Order (additional considerations if parties are cohabitees or former cohabitees) shall cease to have effect.

(6) In Schedule 2 to the 1998 Order (transfer of certain tenancies on divorce etc. or on separation of cohabitees)—

(a)in paragraph 3(2), for the words “live together as husband and wife” there shall be substituted “ cohabit ”;

(b)in paragraph 4(1)(b), for the words “lived together as husband and wife” there shall be substituted “ cohabited ”.

Non-molestation ordersN.I.

13.  In Article 20 of the 1998 Order (non-molestation orders), after paragraph (6) there shall be inserted—

(6A) A non-molestation order may exclude the respondent from a defined area in which a dwelling-house is included, any other defined area and any premises specified in the order. .

Ex parte ordersN.I.

14.  In Article 23 of the 1998 Order (ex parte orders), in paragraph (3), for the words from “afford” to the end of that paragraph, there shall be substituted “ specify a date for a full hearing. ”.

OffencesN.I.

15.—(1) In Article 25 of the 1998 Order (offences) after the words “any person who” there shall be inserted “ without reasonable excuse ”.

(2) In that Article—

(a)for “level 4” there shall be substituted “ level 5 ”;

(b)for “three months” there shall be substituted “ six months ”.

(3) Nothing in paragraph (2) affects the punishment for an offence committed before the coming into operation of that paragraph.

PART IVN.I.EQUAL TREATMENT OF SPOUSES, ETC.

Abolition of presumption of advancementN.I.

16.—(1) The presumption of advancement is abolished in relation to married or engaged couples.

(2) Paragraph (1) shall not have effect in relation to anything done before the coming into operation of this Article or anything done pursuant to any obligation incurred before the coming into operation of this Article.

Abolition of common law duty to maintainN.I.

17.  Any rule of common law that a husband must maintain his wife is abolished.

Housekeeping allowanceN.I.

18.  If any question arises (whether during or after a marriage) as to the right of a party to a marriage to money derived from any allowance made by either party for the expenses of the matrimonial home or for similar purposes, or to any property acquired out of such money, the money or property shall, in the absence of any agreement between them to the contrary, be treated as belonging to each party in equal shares.

PART VN.I.MISCELLANEOUS AMENDMENTS AND REPEALS

Repeal of the Colonial Solicitors Act 1900N.I.

19.—(1) The Colonial Solicitors Act 1900 (c. 14) shall cease to have effect.

(2) Any admission or thing done under or for the purposes of the Colonial Solicitors Act 1900 shall be treated as an admission or thing done under or for the purposes of Article 5 of the Solicitors (Northern Ireland) Order 1976 (NI 12).

(3) In Article 5 of the Solicitors (Northern Ireland) Order 1976, paragraph (5) shall cease to have effect.

Repeal of the Trading Stamps Act (Northern Ireland) 1965N.I.

20.—(1) Subject to paragraph (2), the Trading Stamps Act (Northern Ireland) 1965 (c. 6) shall cease to have effect.

(2) Section 9 of that Act continues to have effect for the purposes of the Consumer Transactions (Restrictions on Statements) Order 1976 (S.I. 1976/1813).

Amendment of legislation to make provision for trading stampsN.I.

21.—(1) In the Consumer Transactions (Restrictions on Statements) Order 1976 (S.I. 1976/1813)—

(a)in Article 2(1), in the definition of “statutory rights”, for the words from “section 4(1)(c) of the Trading Stamps Act 1964” to the end of that definition, there shall be substituted “ sections 4, 9, 11D, or 11J of the Supply of Goods and Services Act 1982. ”;

(b)in Article 3(a)(ii), for the words from “a warranty” to “1973” there shall be substituted “ a term implied by sections 4, 9, 11D, or 11J of the Supply of Goods and Services Act 1982 ”.

(2) In the Supply of Goods and Services Act 1982 (c. 29)—

(a)section 1(2)(c) shall cease to have effect;

(b)in section 6—

(i)in subsection (1), for the words “an excepted contract” there shall be substituted “ a hire-purchase agreement ”;

(ii)subsection (2) shall cease to have effect; and

(iii)in subsection (3), the words “(subject to subsection (2) above)” shall cease to have effect; and

(c)in section 18(1), the definitions of “redemption” and “trading stamps” shall cease to have effect.

Amendment of the Census Act (Northern Ireland) 1969N.I.

22.  For section 5 of the Census Act (Northern Ireland) 1969 (c. 8) (statistics between one census and another) there shall be substituted—

  • 5. The Registrar General shall—

    (a)

    collect and publish from time to time any available statistical information concerning the population of Northern Ireland in the interval between one census and another, and otherwise further the supply of, and provide for the better co-ordination of, such information; and

    (b)

    make arrangements with public authorities (within the meaning of the Northern Ireland Act 1998) for the purpose of acquiring any materials or information for the purposes of paragraph (a). .

Amendment of the Damages Act 1996N.I.

23.  In section 2A of the Damages Act 1996 (c. 48), in subsection (6), after “section” there shall be inserted “ and section 2 ”.

Article 24— Repeals

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