The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 90 PROCEEDINGS CONCERNING MINORS

Interpretation

1.  In this Order, “ Office” means the Office of Care and Protection, and “the Master” means the Master (Care and Protection).

[E.r. 1]

Assignment and commencement of proceedings

2.  All proceedings to which "this Order relates shall be assigned to the Family Division and shall be begun in the Office.

[E.r. 2]

Application to make minor a ward of court

3.—(1) An application to make a minor a ward of court must be made by originating summons issued out of the Office.

(2) Where there is no person other than the minor who is a suitable respondent, an application may be made ex parte to the Master for leave to issue either an ex parte originating summons or an originating summons with the minor as respondent thereto; and, except where such leave is granted, the minor shall not be made a respondent to an originating summons under this rule in the first instance.

(3) The date of the minor's birth shall, unless otherwise directed, be stated in the summons and the applicant shall—

(a) on issuing the summons or before or at the first hearing thereof lodge in the Office a certified copy of the full entry in the Register of Births or, as the case may be, in the Adopted Children Register relating to the minor, or

(b) at the first hearing of the summons apply for directions as to proof of birth of the minor in some other manner.

(4) Unless the Court otherwise directs, the summons shall state the whereabouts of the minor or, as the case may be, that the applicant is unaware of his whereabouts and shall be served on the respondent, the Director of the Health and Social Services Board for the area in which the minor ordinarily resides (except where the Director is the applicant) and on such other person or persons as the Master may direct.

(5) Every respondent other than the minor shall, forthwith after being served with the summons—

(a) lodge in the Office a notice stating the address of the respondent and the whereabouts of the minor or, as the case may be, that the respondent is unaware of his whereabouts, and

(b) unless the Court otherwise directs, serve a copy of the notice on the applicant.

(6) Where any party other than the minor changes his address or becomes aware of any change in the whereabouts of the minor after the issue or, as the case may be, service of the summons, he shall, unless the Court otherwise directs, forthwith lodge notice of the change in the Office and serve a copy of the notice on every other party.

(7) The summons shall contain a notice to the respondent informing him of the requirements of paragraphs (5) and (6).

(8) In this rule any reference to the whereabouts of a minor is a reference to the address at which and the person with whom he is living and any other information relevant to the question where he may be found.

[E.r. 3]

Enforcement of order

4.  The power of the High Court to secure compliance with any direction relating to a ward of court may be exercised by an order addressed to the Official Solicitor or such other person as the judge may nominate.

[E.r. 3]

When minor ceases to be ward of court

5.—(1) A minor who, by virtue of section 26(2) of the Act, becomes a ward of court on the issue of a summons under rule 3 shall cease to be a ward of court—

(a) if an application for an appointment for the hearing of the summons is not made within the period of 21 days after the issue of the summons, at the expiration of that period;

(b) if an application for such an appointment is made within that period, on the determination of the application made by the summons unless the Court hearing it orders that the minor be made a ward of court;

(2) Nothing in paragraph (1) shall be taken as affecting the power of the Court under section 26(3) of the Act to order that any minor who is for the time being a ward of court shall cease to be a ward of court.

(3) If no application for an appointment for the hearing of a summons under rule 3 is made within the period of 21 days after the issue of the summons, a notice stating whether the applicant intends to proceed with the application made by the summons must be left at the Office immediately after the expiration of that period.

[E.r. 4]

Applications under Guardianship of Infants Act 1886

6.  Where there is pending any proceedings by reason of which a minor is a ward of court, any application under the Guardianship of Infants Act 1886(1) (in this Part of this Order referred to as “the Guardianship Act”) with respect to that minor may be made by summons in that proceeding, but except in that case any such application must be made by originating summons issued out of the Office.

[E.r. 5]

Respondents to guardianship summons

7.—(1) Where the minor with respect to whom an application under the Guardianship Act is made is not the applicant, he shall not, unless the Court otherwise directs, be made a respondent to the summons or, if the application is made by ordinary summons be served with the summons, but; subject to paragraph (2) any other person appearing to be interested in, or affected by, the application shall be made a respondent or be served with the summons, as the case may be.

(2) The Court may dispense with service of the summons (whether originating or ordinary) on any person and may order it to be served on any person not originally served.

[E.r. 6]

Guardianship proceedings may be in chambers

8.  Applications under the Guardianship Act may be disposed of in chambers.

[E.r. 7]

Jurisidiction of the Master

9.—(1) In proceedings to which this Order applies the Master may transact all such business and exercise all such authority and jurisdiction as may be transacted and exercised by a judge in chambers.

(2) Paragraph (1) is without prejudice to the power of the judge to whom the business of the Family Division has been assigned pursuant to section 17 of the Act to reserve to himself the transaction of any such business or the exercise of any such authority or jurisdiction.

[E.r. 12]

(1)

1886 c. 27