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

Explanatory Note

(This note is not part of the Rules.)

These Rules make amendments to two sets of rules, which apply in proceedings in magistrates' courts, in consequence of the Civil Partnership Act 2004 (c. 33). The Civil Partnership Act 2004 introduces a statutory civil registration procedure to allow same-sex couples to make a formal, legal commitment to each other by entering into a civil partnership. The Rules amend the Magistrates' Courts (Domestic Proceedings) Rules (Northern Ireland) 1996 to prescribe the procedures for proceedings under Schedule 16 to the 2004 Act. They also make minor consequential amendments to forms prescribed in the Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996.

The Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996 are also amended in consequence of Council Regulation (EC) No. 2201/2003 of 27th November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (“the new Council Regulation”). The new Council Regulation reproduced and repealed Council Regulation (EC) 1347/2000 extending it to include matters of parental responsibility where there are no matrimonial proceedings. The amendments insert new definitions relevant to the new Council Regulation, including a definition of “Member State”, which gives a list of the Member States who have signed up to the new Council Regulation so as to save cross-reference to other documents. They also make provision to prescribe the procedure for applications pursuant to Article 15 of the new Council Regulation, and in relation to applications for certified copies of judgments or for a certificate under Article 39 or 41 of the new Council Regulation.

The Rules also amend the Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996 consequential to amendments made to Article 7 (acquisition of parental responsibility) of the Children (Northern Ireland) Order 1995 by section 1 of the Family Law Act (Northern Ireland) 2001 and amend the prescribed forms to ensure that allegations of domestic violence are raised at the commencement of proceedings under Article 8 of the Children (Northern Ireland) Order 1995.

The Notes for Guidance in Form F1 of the Magistrates' Courts (Domestic Proceedings) Rules (Northern Ireland) 1996 are also amended in consequence of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005. The 2005 Order amended the definitions of the terms “relative” and “cohabitee” in the Family Homes and Domestic Violence (Northern Ireland) Order 1998; so as to allow exclusion zones of defined areas to be attached to non-molestation orders and to make it clear that protective orders made ex-parte can only be made for a short period and that, if a court makes such an order, it must specify a date for a full hearing.