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The Family Law (Northern Ireland) Order 1993

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SCHEDULES

N.I.

Schedule 1—Amendments

Article 12(2).

SCHEDULE 2N.I.THE NORTHERN IRELAND FAMILY PROCEEDINGS RULES COMMITTEE

1.  In this Schedule “the Committee” means the Northern Ireland Family Proceedings Rules Committee.N.I.

2.[F1(1)] The Committee shall consist of—N.I.

(a)the Lord Chief Justice, who shall be chairman;

(b)two judges of the High Court or the Court of Appeal nominated from time to time by the Lord Chief Justice;

(c)two county court judges nominated by the[F2 Lord Chief Justice];

(d)the Master (Probate and Matrimonial);

(e)the Master (Care and Protection);

(f)a district judge nominated by the[F3 Lord Chief Justice];

(g)a practising member of the Bar of Northern Ireland nominated by the Lord Chancellor;

(h)one other practising member of the Bar of Northern Ireland nominated by the Council thereof;

(i)the president of the Law Society of Northern Ireland or a member of the Council thereof nominated by him;

(j)a practising solicitor nominated by that Council.

[F4(2) The Lord Chief Justice may nominate any of the following to exercise his functions under this paragraph—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]

3.  Where any member of the Committee is unable to act, the Lord Chief Justice, or, in the case of a member nominated by any other authority or body, that authority or body, may nominate another qualified person to act temporarily in his place.N.I.

4.  Rules of court may be made and other powers of the Committee exercised at a meeting of the Committee by a majority consisting of not less than four members, of whom the chairman of the meeting shall be one.N.I.

5.  In the absence of the Lord Chief Justice, the senior judge present shall be chairman of the meeting.N.I.

6.  The joint secretaries to the Committee shall be[F5 the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor.]N.I.

7.  Such of the joint secretaries to the Committee as the Lord Chancellor may designate shall, in relation to rules of court, be the responsible officer within the meaning of Articles 5 and 7 of the Statutory Rules (Northern Ireland) Order 1979F6.N.I.

8.  The Committee shall not, except with the concurrence of the Treasury, make a rule which may involve an increase in expenditure out of public funds; but the validity of such a rule shall not, in any proceedings in any court, be called in question either by the court or by any party to the proceedings on the ground only that the Treasury did not concur or are not expressed to have concurred in the making of the rule.N.I.

9.  Any expenses incurred by the Committee shall be paid by the Lord Chancellor.N.I.

Article 13.

SCHEDULE 3N.I.FUNCTIONS TRANSFERRED BY ARTICLE 13

Article 10(1) of the Family Law Reform (Northern Ireland) Order 1977F7 (power to make regulations as to the manner of giving effect to directions as to scientific tests and the taking of samples for the purposes of establishing paternity).

Regulation 2(1) of the Blood Tests (Evidence of Paternity) Regulations (Northern Ireland) 1978F8 (so far as it confers the function of appointing testers).

Article 4(3) and (4) of the Domestic Proceedings (Northern Ireland) Order 1980F9 (power to fix, by order, the maximum amount of a lump sum required to be paid under an order of a court of summary jurisdiction made in matrimonial proceedings).

Prospective

N.I.

Schedule 4–Amendments

Prospective

N.I.

Schedule 5–Repeals

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