Civil Partnership Act 2004 (c. 33)

SCHEDULES

Yn ddilys o 05/09/2005

SCHEDULE 16 N.I. Financial relief in court of summary jurisdiction etc.: Northern Ireland

Modifications etc. (not altering text)

C1 Sch. 16: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 21(b) (with arts. 15(6), 28-31)

Yn ddilys o 05/12/2005

Part 1 N.I. Failure to maintain etc.: financial provision

Refusal of order in case more suitable for High Court N.I.

8 (1) If on hearing an application for an order under this Part a court of summary jurisdiction is of the opinion that any of the matters in question between the civil partners would be more suitably dealt with by the High Court, the court of summary jurisdiction must refuse to make any order on the application. N.I.

(2) No appeal lies from a refusal under sub-paragraph (1).

(3) But, in any proceedings in the High Court relating to or comprising the same subject matter as an application in respect of which a court of summary jurisdiction has refused to make any order, the High Court may order the application to be reheard and determined by a court of summary jurisdiction acting for the same petty sessions district as the court which refused to make any order.