Search Legislation

The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

21.  In Schedule 1 (Forms)—

(a)after Form D1 insert the new Form D1A set out in Schedule 3 to these Rules;

(b)in Form D2 (Summons to Respondent on application for order for payments agreed by parties)—

(i)for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Article 8: Rule 4(2))” substitute—

  • [DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

  • (Article 8: Rule 4(2))]

  • [CIVIL PARTNERSHIP ACT 2004

  • (Part 2 of Schedule 16: Rule 4(2))]*; and

(ii)for “Article 8 of the above-mentioned Order” substitute “[Article 8 of the above-mentioned Order] [Part 2 of Schedule 16 to the above-mentioned Act]*”;

(c)In Form D3 (Respondent’s consent to Article 8 order and statement of financial resources)—

(i)for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Article 8(9): Rule 4(3))” substitute—

  • [DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

  • (Article 8(9): Rule 4(3))]

  • [CIVIL PARTNERSHIP ACT 2004

  • (Part 2 of Schedule 16: Rule 4(3))]*;

(ii)in the title, for “Article 8 order” substitute “[Article 8 order] [Part 2 order]*”; and

(iii)for “Article 8 of the above-mentioned Order” substitute “[Article 8 of the above-mentioned Order] [Part 2 of Schedule 16 to the above-mentioned Act]*”;

(d)in Form D3A (Declaration of Financial Resources of Child), for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Article 8(9): Rule 4(4))” substitute—

  • [DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

  • (Article 8(9): Rule 4(4))]

  • [CIVIL PARTNERSHIP ACT 2004

  • (Paragraph 11 of Schedule 16: Rule 4(4))]*;

(e)in Form D4 (Summons to Respondent on application for order for payments where parties are living apart by agreement)—

(i)for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Article 9: Rule 5(2))” substitute—

  • [DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

  • (Article 9: Rule 5(2))]

  • [CIVIL PARTNERSHIP ACT 2004

  • (Part 3 of Schedule 16: Rule 5(2))]*; and

(ii)for “Article 9 of the above Order” substitute “[Article 9 of the above Order] [Part 3 of Schedule 16 to the above Act]*”;

(f)in Form D5 (Notice to Respondent of decision to treat application for order under Article 9 as application for order under Article 4)—

(i)for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Article 9: Rule 5(4))” substitute—

  • [DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

  • (Article 9: Rule 5(4))]

  • [CIVIL PARTNERSHIP ACT 2004

  • (Paragraph 18 of Schedule 16: Rule 5(4))]*;

(ii)in the title, for “Article 9 as application for order under Article 4” substitute “[Article 9 as application for order under Article 4] [Part 3 of Schedule 16 to the Act of 2004 as application for order under Part 1 of Schedule 16]*”;

(iii)for “Article 9 of the above-mentioned Order” substitute “[Article 9 of the above-mentioned Order] [Part 3 of Schedule 16 to the above-mentioned Act]*”;

(iv)for “Article 9(4)” substitute “[Article 9(4)] [Paragraph 18 of Schedule 16 to the Act of 2004]*”;

(v)for “Article 4” substitute “[Article 4] [Part 1 of Schedule 16 to the Act of 2004]*”; and

(vi)for “Article 9” substitute “[Article 9] [Paragraph 18 of Schedule 16 to the Act of 2004]*”;

(g)in Form D6 (Order for financial provision)—

(i)for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Articles 4, 8 and 9: Rule 8(1))” substitute—

  • [DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

  • (Articles 4, 8 and 9: Rule 8(1))]

  • [CIVIL PARTNERSHIP ACT 2004

  • (Parts 1, 2 and 3 of Schedule 16: Rule 8(1))]*; and

(ii)for “Article [4] [8] [9] of the above-mentioned Order” substitute “[Article [4] [8] [9] of the above-mentioned Order] [Part [1] [2] [3] of Schedule 16 to the above-mentioned Act]*”;

(h)in Form D7 (Notice of courts powers with respect to children under the Children (Northern Ireland) Order 1995)—

(i)for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Article 10: Rule 9)” substitute—

  • [DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

  • (Article 10: Rule 9)]

  • [CIVIL PARTNERSHIP ACT 2004

  • (Paragraph 45 of Schedule 16: Rule 9)]*; and

(ii)for “Domestic Proceedings (Northern Ireland) Order 1980 substitute “[Domestic Proceedings (Northern Ireland) Order 1980] [Civil Partnership Act 2004]*”; and

(iii)at the end insert “*Delete whichever is inappropriate”.

(i)for Form F1 (Application for a non-molestation order/an occupation order) substitute the new Form F1 set out in Schedule 4 to these Rules;

(j)in Form F2 (Summons to Respondent on an application under the Family Homes and Domestic Violence (Northern Ireland) Order 1998), in note 4—

(i)for “box 1, 4 or 5” substitute “box 1, 4, 5 or 6”;

(ii)for “the length of time that has elapsed since the marriage was dissolved or annulled” substitute—

  • where you and the applicant were married, the length of time that has elapsed since the marriage was dissolved or annulled

  • where you and the applicant were civil partners, the length of time that has elapsed since the dissolution or annulment of the civil partnership;

(iii)after “divorce proceedings etc.)” insert “or under Part 2 of Schedule 15 to the Civil Partnership Act 2004 (Property adjustment on or after dissolution, nullity or separation)”; and

(iv)after “husband and wife” insert “or civil partners”; and

(k)in Form F3 (Notice to Mortgagees and Landlords), omit “matrimonial” in each place it appears.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources