The Registration of Deeds (Amendment) Regulations (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 5

FAMILY LAW

REGISTRATION OF DEEDS

The Registration of Deeds (Amendment) Regulations (Northern Ireland) 2007

Made

9th January 2007

Coming into operation

1st April 2007

The Department of Finance and Personnel in exercise of the powers conferred(1) by section 19(1) of the Registration of Deeds Act (Northern Ireland) 1970(2) and by Articles 6(7) and 7(4) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998(3) makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Registration of Deeds (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 1st April 2007.

Interpretation

2.  In these Regulations—

“the 1984 Order” means the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984(4);

“the Registration of Deeds Regulations” means the Registration of Deeds Regulations (Northern Ireland) 1997(5);

“the 1998 Order” means the Family Homes and Domestic Violence (Northern Ireland) Order 1998.

3.  A reference to a regulation or a form is a reference to a regulation or a form in the Registration of Deeds Regulations.

Amendment of the Registration of Deeds Regulations

4.  The Registration of Deeds Regulations are amended in accordance with the Schedule.

Sealed with the Official Seal of the Department of Finance and Personnel on 9th January 2007.

L.S.

A senior officer of the

Department of Finance and Personnel

SCHEDULE AMENDMENT OF THE REGISTRATION OF DEEDS REGULATIONS

1.  In Regulation 2(1) (Interpretation)—

(1) Delete the definition of “the Matrimonial Charges Index”.

(2) Delete the definition of the Family Law (Miscellaneous Provisions) Northern Ireland Order 1984.

(3) After the definition of the Insolvency (Northern Ireland) Order 1989 insert “the 1998 Order” means the Family Homes and Domestic Violence (Northern Ireland) Order 1998.

(4) After the definition of the Registration of Deeds Act (Northern Ireland) 1970 insert “the Registry of Deeds Index” has the meaning assigned to it by Regulation 9(1).

2.  In Regulation 13 (Registration, etc of matrimonial charges)—

(1) In the heading and in paragraph (1) after the word “matrimonial” insert “or civil partnership”.

(2) In paragraph (1) for the words “the 1984 Order” substitute “the 1998 Order”.

(3) In paragraph (2)(b) delete the words (“the Matrimonial Charge Index”) and insert (“the Registry of Deeds Index”).

3.  In Regulation 14 (Cancellation and vacation of registration on foot of subsequent registration)—

(1) In paragraphs (1) and (2) after the word “matrimonial” insert “or civil partnership”.

(2) In paragraph (1) after the word “spouse” insert “or civil partner”.

(3) In each place where the words “the 1984 Order” occur, substitute “the 1998 Order”.

(4) In paragraph (2) for the words “the Matrimonial Charges Index” substitute “the Registry of Deeds Index”.

4.  In the Schedule to the Registration of Deeds Regulations—

(1) For Form 6 substitute—

FORM 6 Notice of a matrimonial or civil partnership charge (regulation 13(1))

(2) For Form 7 substitute—

FORM 7 Renewal of the registration of a matrimonial or civil partnership charge (regulation 13(1))

THE FAMILY HOMES AND DOMESTIC VIOLENCE (NORTHERN IRELAND) ORDER 1998

(“The 1998 Order”)

(3) For Form 8 substitute—

FORM 8 Vacation or variation of the registration of a matrimonial or civil partnership charge or the postponement of its priority (regulation 13(1))

(4) For Form 9 substitute—

FORM 9 Certificate of Registrar (regulation 14(1))

Explanatory Note

(This note is not part of the Rules)

These Regulations make amendments to the Registration of Deeds Regulations (Northern Ireland) 1997 consequential upon the Family Homes and Domestic Violence (NI) Order 1998 and relevant provisions of the Civil Partnership Act 2004 which came into force in Northern Ireland on 5th December 2005.

(1)

By the Departments (Northern Ireland) Order 1982 S.I. 1982/338 (N.I. 6) Art. 5 and Part II of Sch. 1 and the Departments (Transfer and Assignment of Functions) Order 1999 S.R. 1999 No. 481, Art. 6 and Part II of Sch. 4

(2)

1970 c. 25 (N.I.) Section 19(1) was amended by Article 49 of S.I. 1992/811 (N.I. 7)

(3)

S.I. 1998/1071 (N.I. 6) and the Departments (Transfer and Assignment of Functions) Order 1999 S.R. 1999 No. 481, Art. 6 and Part II of Sch. 4

(4)

S.I. 1984/1984 (N.I. 14)

(5)

S.R. 1997 No. 28