The Family Proceedings Rules (Northern Ireland) 1996

Interpretation and application

4.1.—(1) In this Part of and in Appendix 3 to these Rules, unless a contrary intention appears—

“the Allocation Order” means the Children (Allocation of Proceedings) Order (Northern Ireland) 1996(1);

an Article or Schedule referred to by number means the Article or Schedule so numbered in the Order of 1995;

“an Article 8 order” has the same meaning as in Article 8(2);

“application” means an application made under or by virtue of the Order of 1995 or under these Rules and “applicant” shall be construed accordingly;

“authority” has the same meaning as in Article 2(2);

“child”, in relation to proceedings to which this Part applies—

(a)

means, subject to sub-paragraph (b), a person under the age of 18 with respect to whom the proceedings are brought, and

(b)

where the proceedings are under Schedule 1, also includes a person who has reached the age of 18;

“directions appointment” means a hearing for directions under rule 4.15;

“family care centre” means a county court which has been specified as a family care centre in the Allocation Order;

“guardian ad litem” means a guardian ad litem, appointed under Article 60, of the child with respect to whom the proceedings are brought;

“leave” includes permission and approval;

“parental responsibility” has the same meaning as in Article 6;

“Parties” means the respondents specified in column (iii) of Appendix 3 and the applicant;

“specified proceedings” has the same meaning as in Article 60(6) and Rule 4.3(2);

“welfare officer” means a person who has been asked to prepare a welfare report under Article 4.

(2) Except where the contrary intention appears, the provisions of this Part apply to proceedings in the High Court and a county court—

(a) on an application for an Article 8 order;

(b) on an application for a care order or supervision order under Article 50;

(c) on an application under Articles 7(1)(a), 7(4), 13(1), 16(6), 33, 44, 52(7), 53(2), 53(3), 53(4), 53(9), 55(1), 57(8)(b), 58(1), 58(2), 58(3), 58(4), 62(1), 62(12), 63, 64, 67(9), 69(1), 159(1), 163(1), 178(1);

(d) under Schedule 1, except, where financial relief is also sought by or on behalf of an adult;

(e) on an application under paragraph 6(3) of Schedule 3;

(f) on an application under paragraph 5(2) or 7(1) of Schedule 4; or

(g) on an application under paragraph 10(3) or 12(4) of Schedule 8.

(1)

S.R. 1996 No. 300