The Family Proceedings (Amendment) Rules (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 324

family proceedings

supreme court

county courts

The Family Proceedings (Amendment) Rules (Northern Ireland) 2007

Made

2nd July 2007

Coming into operation

5th September 2007

To be laid before Parliament

The Family Proceedings Rules Committee make the following Rules in exercise of the powers conferred by Article 12 of the Family Law (Northern Ireland) Order 1993(1).

Citation and commencement

1.  These Rules may be cited as the Family Proceedings (Amendment) Rules (Northern Ireland) 2007 and shall come into operation on 5th September 2007.

Amendment to the Family Proceedings Rules (Northern Ireland) 1996(2)

2.  After rule 7.8 insert—

“Evidence

7.8A.   The court may allow a witness to give evidence through a video link or by any other method of direct communication.”

3.  In rule 8.44 (Service of a certificate under Article 41 of the Council Regulation)—

(a) in the heading, after “Article 41” insert “or Article 42”; and

(b) in paragraph 1, after “Article 41” insert “or Article 42”.

4.  In rule 8.45 (Registration of a certificate issued under Article 41 of the Council Regulation)—

(a) in the heading, after “Article 41” insert “or Article 42”; and

(b) after “Article 41” insert “or Article 42”.

5.  In rule 8.48 (Rectification of a certificate issued under Article 41 of the Council Regulation)—

(a) in the heading, after “Article 41” insert “or Article 42”; and

(b) in paragraph 1, after “Article 41” insert “or Article 42”.

Brian Kerr

Reginald Weir

Norman Lockie

Hilary Wells

Dated 28th June 2007

Signed by the authority of the Lord Chancellor

In exercise of the powers conferred by Article 12A(2) of the Family Law (Northern Ireland) Order 1993, I allow these Rules.

David Hanson

Minister of State

Ministry of Justice

Dated 2nd July 2007

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Family Proceedings Rules (Northern Ireland) 1996 (S.R. 1996 No. 322) which apply to proceedings in the High Court and county courts to:

• enable the court to allow a witness to give evidence by video link or any other means of direct communication; and

• make provision in relation to the service, registration and rectification of a certificate of a judgment issued pursuant to Article 42 of Council Regulation (EC) 2201/2003 of 27th November 2003.

(1)

S.I. 1993/1576 (N.I. 6); Article 12 was amended by paragraph 90 of Schedule 5 to the Constitutional Reform Act 2005 (c.4).

(2)

1996 No. 322 to which the most recent relevant amendments were made by S.R. 2005 No. 497.