Statutory Rules of Northern Ireland
FAMILY PROCEEDINGS
Made
10th July 2004
To be laid before Parliament
Coming into operation
6th September 2004
The Lord Chancellor, in exercise of the powers conferred on him by Article 164(5) of, and Schedule 7 to, the Children (Northern Ireland) Order 1995(1), hereby makes the following Order:
1. This Order may be cited as the Declarations of Parentage (Allocation of Proceedings) (Amendment) Order (Northern Ireland) 2004 and shall come into operation on 6th September 2004.
2. The Declarations of Parentage (Allocation of Proceedings) Order (Northern Ireland) 2002(2), is hereby amended:
(1) by inserting after Article 5 the following new Article 5A –
5A.—(1) A family proceedings court (the “transferring court”) shall transfer proceedings under Article 31B of the Order of 1989 to another family proceedings court (the “receiving court”) where –
(a)one of the persons named in the application is a child, and the court considers that the transfer would be in the interests of the child –
(i)because it is likely to significantly accelerate the determination of the proceedings,
(ii)because it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in the receiving court, or,
(iii)for some other reason, and
(b)the receiving court consents to the transfer.”;
(2) by substituting in Schedule 1, for the word “Omagh” the words “East Tyrone”; and
(3) by inserting in Schedule 2, after the words “Craigavon county court” the words “Dungannon county court”.
Signed by the authority of the Lord Chancellor
Lord Filkin
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 10th July 2004
(This note is not part of the Order.)
This Order amends the Declarations of Parentage (Allocation of Proceedings) Order (Northern Ireland) 2002:
to provide in certain circumstances for the transfer of proceedings under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (Declarations of Parentage) from one family proceedings court to another family proceedings court;
to specify Dungannon county court as a family care centre; and
to designate the juvenile court for the petty sessions district of East Tyrone as a family proceedings court, in place of the juvenile court for the petty sessions district of Omagh.
S.I. 1995/755 (N.I. 2); Schedule 7 was amended by section 66(7) of, and paragraph 7 of Schedule 8 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)