The Family Proceedings (Amendment) Rules (Northern Ireland) 2022

Prospective

Statutory Rules of Northern Ireland

2022 No. 254

Family Proceedings

Court Of Judicature

County Courts

The Family Proceedings (Amendment) Rules (Northern Ireland) 2022

Made

13th October 2022

Coming into operation in accordance with rule 1

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

Prospective

Citation and commencement N.I.

1.  These Rules may be cited as the Family Proceedings (Amendment) Rules (Northern Ireland) 2022 and shall come into operation on the day on which section 37 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021(2) comes into operation.

Commencement Information

I1 Rule 1 not in operation at made date, see rule 1

Amendment to the Family Proceedings Rules (Northern Ireland) 1996 N.I.

2.  The Family Proceedings Rules (Northern Ireland) 1996(3) are amended as follows.

Commencement Information

I2 Rule 2 not in operation at made date, see rule 1

3.  In the Arrangement of Rules after the entry for rule 7.8A insert–

“7.8B   Special measures direction relating to a person who is, or is at risk of, being subjected to abusive behaviour”.

Commencement Information

I3 Rule 3 not in operation at made date, see rule 1

4.  After rule 7.8A insert—

“Special measures direction relating to a person who is, or is at risk of, being subjected to abusive behaviour

7.8B— (1) (a) In this rule—

“the Act of 2021” means the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;

“abusive behaviour” has the same meaning as in section 2 (as read with section 3(2)) and section 4 of the Act of 2021;

“live link” means a live television link or other arrangement whereby a party or witness is able to see and hear all other persons participating in the proceedings who are in a different location, and to be seen and heard by the judge, legal representatives acting in the proceedings and other persons appointed to assist a party or witness;

“parties” includes the guardian ad litem for the purpose of proceedings under the Order of 1995;

“personally connected” has the same meaning as in section 5 of the Act of 2021;

“relative” has the same meaning as in Article 2(2) of the Order of 1998;

(b) A reference in this rule to “quality of evidence” is to its quality in terms of completeness, coherence and accuracy; and for this purpose “coherence” refers to a party’s or a witness’s ability in giving evidence to give answers which address the questions put to the party or the witness and can be understood both individually and collectively.

(2) The court may make a direction that a person (P), who is a party or witness in the proceedings, shall have the assistance of a measure specified in paragraph (4), where it is stated that—

(a) P is, or is at risk of, being subjected to abusive behaviour by a person who is—

(i) a party to the proceedings,

(ii) a relative of a party to the proceedings (other than P), or

(iii) a witness in the proceedings, and

(b) P and that person are personally connected.

(3) When deciding whether to make a direction under paragraph (2) the court shall have regard in particular to—

(a) any views expressed by P;

(b) any views expressed by a party other than P;

(c) the nature and extent of the information before the court;

(d) the issues arising in the proceedings;

(e) whether any of the measures specified in paragraph (4) would, in its opinion, be likely to improve the quality of evidence given by P, or their participation in the proceedings; and

(f) the availability of the measure to the court.

(4) The measures which may be directed by the court under this rule are those which—

(a) prevent P from seeing another party or witness; or

(b) allow P to participate in the proceedings and give evidence by live link.

(5) The court shall consider whether to make a direction under paragraph (2), either—

(a) on the written request in Form SM of a party, at the commencement of the proceedings or as soon as practicable after, filed and served on the other parties; or

(b) of its own motion having given the parties notice of its intention to do so and an opportunity to attend and be heard, or to make written representations.

(6) In an urgent case, a request under paragraph 5(a) may, with the leave of the court, be made orally.

(7) Subject to paragraph (6), on receipt of a written request under paragraph 5(a) the proper officer or chief clerk shall fix a date for the hearing of the request and give not less than 2 days’ notice to the parties of the date so fixed.

(8) Where every other party has given their consent in writing to the direction which is sought, the court may grant the request without a hearing and the proper officer or chief clerk shall inform the parties of the decision.

(9) The court may vary or revoke a direction made under paragraph (2).

(10) A direction made under paragraph (2) which is still in force immediately prior to the transfer of proceedings to another court shall continue to apply following the transfer subject to any changes of terminology which are required to apply the direction to the court to which the proceedings are transferred, unless varied or discharged.

(11) The court shall take a note of the making, variation or revocation of a direction under this rule and serve, as soon as practicable, a copy of the note on any party who was not present at the making, variation or revocation.”

Commencement Information

I4 Rule 4 not in operation at made date, see rule 1

5.  In the Arrangement of Forms after the entry relating to Form CS2 insert–

“SPECIAL MEASURES
Form SM	Application for special measures direction (victim of abusive behaviour)”.

Commencement Information

I5 Rule 5 not in operation at made date, see rule 1

6.  In Appendix 1 after Form CS2 insert the new Form SM set out in the Schedule.

Commencement Information

I6 Rule 6 not in operation at made date, see rule 1

Siobhan Keegan

David McFarland

Sandra Crawford

Patrick McGurgan

K H Wells

Louise Murphy

Noreen Sweeney

Dated 13th October 2022

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

Sealed with the Official Seal of the Department of Justice on 20th October 2022

Naomi R Long

Minister for Justice

Prospective

Rule 6

SCHEDULE N.I. Form SM - Rule 7.8B(5)(a)

APPLICATION FOR SPECIAL MEASURES DIRECTION (VICTIM OF ABUSIVE BEHAVIOUR) UNDER RULE 7.8B N.I.

Prospective

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) to make provision for a court to make a special measures direction for a party or witness who is stated to be a victim of domestic abuse and prescribe the procedure.

(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.) and paragraph 43 of Schedule 17 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (SI 2010/976).

(2)

2021 c. 2. (N.I)

(3)

S.R. 1996 No. 322 as amended by S.R. 2007 No. 324 and other statutory rules which are not relevant.