The Rules of the Supreme Court (Northern Ireland) (Amendment) 1996

Business of the Supreme Court

2.  Order 1 of the Rules of the Supreme Court (Northern Ireland) 1980(1) shall be amended as follows:

(a) by substituting for rule 12 the following new rule—

“Assignment to Family Division

12.   There shall be assigned to the Family Division—

(a) all causes and matters in relation to

(i) the grant and revocation of probate of wills and letters of administration of estates of deceased persons;

(ii) divorce, nullity of marriage, judicial separation, a decree of presumption of death and dissolution of marriage and any matters arising therefrom or connected therewith;

(iii) the inherent jurisdiction of the court with respect to children;

(b) proceedings under

(i) the Maintenance Orders (Facilities for Enforcement) Act 1920(2); Part II of the Maintenance Orders Act 1950(3); the Maintenance Orders Act 1958(4); the Maintenance and Affiliation Orders Act (Northern Ireland) 1966(5); and the Maintenance Orders (Reciprocal Enforcement) Act 1972(6);

(ii) Articles 107 to 110 of the Judgments Enforcement (Northern Ireland) Order 1981(7); in relation to orders made by the court in matrimonial proceedings for the payment of money or by the Enforcement of Judgments Office in relation to the enforcement of such orders;

(iii) Part II of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984(8) except where those proceedings have been assigned to the Chancery Division under rule 10 of this Order;

(iv) the Child Abduction and Custody Act 1985(9);

(v) the Family Law Act 1986(10);

(vi) the Mental Health (Northern Ireland) Order 1986(11);

(vii) the Enduring Powers of Attorney (Northern Ireland) Order 1987(12);

(viii) the Adoption (Northern Ireland) Order 1987(13);

(ix) Parts IV and V of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989(14);

(x) the Human Fertilisation and Embryology Act 1990(15) and the Adoption (Northern Ireland) Order 1987 as applied with modifications by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994(16);

(xi) the Children (Northern Ireland) Order 1995(17);

(c) all causes or matters which under, by virtue of or in pursuance of any statutory provision are assigned to the Family Division.”; and

(b) by substituting for rule 17 the following new rule—

“Office of Care and Protection

17.   There shall be transacted in the Office of Care and Protection all business in connection with—

(a) causes, matters or proceedings assigned to the Family Division under—

(i) rule 12(a)(iii);

(ii) rule 12(b)(iv) to (viii);

(iii) rule 12(b)(x); and

(b) proceedings assigned to the Family Division under—

(i) rule 12(b)(ix) where the application is under Article 33 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;

(ii) rule 12(b)(xi) except where by virtue of any statutory provision the proceedings are required to be brought in a pending cause which is assigned to the Family Division under rule 12(a)(ii).”.

(1)

S.R. 1980 No. 346; the relevant amending instruments are S.R. 1988 No. 71; S.R. 1989 No. 79; S.R. 1989 No. 224; S.R. 1989 No. 287; S.R. 1991 No. 232 and S.R. 1995 No. 2

(2)

1920 c. 23

(3)

1950 c. 37

(4)

1958 c. 39

(5)

1966 c. 36 (N.I.)

(6)

1972 c. 18

(7)

S.I. 1981/226 (N.I. 6)

(8)

S.I. 1984/1984 (N.I. 14)

(9)

1985 c. 60

(10)

1986 c. 55

(11)

S.I. 1986/595 (N.I. 4)

(12)

S.I. 1987/1627 (N.I. 16)

(13)

S.I. 1987/2203 (N.I. 22)

(14)

S.I. 1989/677 (N.I. 4)

(15)

1990 c. 37

(16)

S.I. 1994/2767

(17)

S.I. 1995/755 (N.I. 2)