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Family Homes and Domestic Violence (Northern Ireland) Order 1998
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Family Homes and Domestic Violence (Northern Ireland) Order 1998, Section 17 is up to date with all changes known to be in force on or before 16 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 2(3)(j) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 52(b)
- art. 3(7)(8) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 53(c)
Supplementary provisionsN.I.
17.—(1) An application for an occupation order may be made in other family proceedings or without any other family proceedings being instituted.
(2) If—
(a)an application for an occupation order is made under Article 11, 13, 14, 15 or 16, and
(b)the court considers that it has no power to make the order under the Article concerned, but that it has power to make an order under one of the other Articles,
the court may make an order under that other Article.
(3) The fact that a person has applied for an occupation order under Articles 13 to 16, or that an occupation order has been made, does not affect the right of any person to claim an estate in any property in any subsequent proceedings (including subsequent proceedings under this Order).
(4) Where, by reason only of an occupation order, a person is not residing in a dwelling-house during any period, he is not thereby prevented from being in occupation of it during that period for the purposes of the [1989 NI 11.] Limitation (Northern Ireland) Order 1989.
(5) Schedule 1 (which contains provisions consequential on an occupation order operating to restrain dispositions) shall have effect.
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