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The Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2002

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Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2002 and shall come into operation on 21st June 2002.

(2) In these Rules “the principal Rules” means the Rules of the Supreme Court (Northern Ireland) 1980(1) and an Order referred to by number or an Appendix referred to by letter means the Order so numbered or the Appendix so lettered in the principal Rules.

Arrangement of Orders

2.  In the Arrangement of Orders at the beginning of the principal Rules—

(a)in the entry for Order 83 for the words “Reopening of agreements under The Consumer Credit Act 1974” there shall be substituted the words “The Consumer Credit Act 1974”; and

(b)in the entry for Order 112 for the words “blood tests” substitute the words “scientific tests”.

Consumer Credit Act 1974

3.  For Order 83 there shall be substituted the new Order set out in Schedule 1 to these Rules.

Mortgage Actions

4.  Order 88 shall be amended as follows—

(a)by substituting for rule 4B the following new rule—

4B.(1) Where the plaintiff—

(a)claims in a mortgage action delivery of possession of land which comprises or includes a dwelling house, or

(b)applies for the removal or variation of a stay or suspension contained in an order for delivery of possession as a result of such a claim made in a mortgage action,

he shall, not less than four clear days before the date fixed for the first hearing of the summons or application and unless the court otherwise directs, post to or insert through the letter box at the property a sealed envelope addressed to “The Occupier” and containing a notice in Form 10C of Appendix A.

(2) Paragraph (4) of rule 4 shall apply to service of a notice under this rule as it applies to service under paragraph (2) or (3) of that rule save that a copy of the notice in Form 10C shall be attached to the certificate proving service;

(b)by adding at the end of rule 5A the following new paragraph—

(3) In an action to which this rule applies the court may direct an account to be taken of all incumbrances subsequent as well as prior to or contemporaneous with the plaintiff’s demand and an inquiry as to their respective priorities and the court may make an order for delivery of possession conditional on the result of such an account and inquiry.

Tests for Determining Parentage

5.  In Order 112—

(a)for the heading, substitute “APPLICATIONS FOR USE OF SCIENTIFIC TESTS IN DETERMINING PARENTAGE”;

(b)for the words “blood samples”, wherever they appear, substitute the words “bodily samples”; and

(c)for the words “blood tests”, wherever they appear, substitute the words “scientific tests”.

Declaration as to Parentage, Legitimacy or Legitimation

6.  Rules 2 to 3A, 6(a) and 18(1) of Order 98 are hereby revoked.

Forms

7.  Appendix A shall be amended as follows—

(a)for Form No. 10C there shall be substituted the new Form 10C in Schedule 2 to these Rules;

(b)in the heading to Form No. 48 the words “[PARENTAGE] [LEGITIMACY OR LEGITIMATION]” shall be deleted; and

(c)Forms No. 48B and 48D are revoked.

Saving

8.  The amendments to the principal Rules made by these rules shall not apply in respect of proceedings commenced before 21st June 2002.

R. D. Carswell

Anthony Campbell

Brian Kerr

M. P. Girvan

Hugh P. Kennedy

Caroline McGonagle

Tony Caher

Dated 17th April 2002

I concur

Irvine of Lairg, C.

Dated 23rd May 2002.

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