The Declarations of Parentage (Allocation of Proceedings) Order (Northern Ireland) 2002

Statutory Rules of Northern Ireland

2002 No. 119

FAMILY PROCEEDINGS

The Declarations of Parentage (Allocation of Proceedings) Order (Northern Ireland) 2002

To be laid before Parliament

Made

23rd March 2002

Coming into operation

15th April 2002

The Lord Chancellor, in exercise of the powers conferred on him by Article 164(5) of, and Schedule 7 to, the Children (Northern Ireland) Order 1995(1), hereby makes the following Order:—

Citation and commencement N.I.

1.  This Order may be cited as the Declarations of Parentage (Allocation of Proceedings) Order (Northern Ireland) 2002 and shall come into operation on 15th April 2002.

Commencement Information

I1 Art. 1 in operation at 15.4.2002, see art. 1

Interpretation N.I.

2.  In this Order—

“the Order of 1989” means the Matrimonial and Family Proceedings (Northern Ireland) Order 1989(2); and

F1 ...

Textual Amendments

F1 Words in art. 2 omitted (31.10.2016) by virtue of The Justice Act (Northern Ireland) 2015 (Single Jurisdiction) (Consequential Amendments and Revocations) Order (Northern Ireland) 2016 (S.R. 2016/317), arts. 1, 19(2); S.R. 2016/387, art. 2(a) (with art. 3)

Commencement Information

I2 Art. 2 in operation at 15.4.2002, see art. 1

Classes of Court N.I.

3.  For the purposes of this Order there shall be the following classes of court—

(a) family proceedings courts, being those courts of summary jurisdiction constituted as juvenile courts [F2 so specified in directions issued by the Lord Chief Justice]; and

(b) family care centres, being those county courts [F3 so specified in directions issued by the Lord Chief Justice].

Textual Amendments

F2 Words in art. 3(a) substituted (31.10.2016) by The Justice Act (Northern Ireland) 2015 (Single Jurisdiction) (Consequential Amendments and Revocations) Order (Northern Ireland) 2016 (S.R. 2016/317), arts. 1, 19(3)(a); S.R. 2016/387, art. 2(a) (with art. 3)

F3 Words in art. 3(b) substituted (31.10.2016) by The Justice Act (Northern Ireland) 2015 (Single Jurisdiction) (Consequential Amendments and Revocations) Order (Northern Ireland) 2016 (S.R. 2016/317), arts. 1, 19(3)(b); S.R. 2016/387, art. 2(a) (with art. 3)

Commencement Information

I3 Art. 3 in operation at 15.4.2002, see art. 1

Commencement of proceedings N.I.

4.  Proceedings under Article 31B of the Order of 1989(3) may be commenced in a family proceedings court, a family care centre or the High Court.

Commencement Information

I4 Art. 4 in operation at 15.4.2002, see art. 1

Transfer from a family proceedings court to a family care centre or the High Court N.I.

5.  A family proceedings court may, upon application by a party or of its own motion, transfer proceedings under Article 31B of the Order of 1989 to a family care centre or the High Court where it considers that—

(a) the proceedings are exceptionally important or complex; or

(b) it would be appropriate for the proceedings to be heard together with other proceedings pending in such a court.

Commencement Information

I5 Art. 5 in operation at 15.4.2002, see art. 1

Transfer from one family proceedings court to another N.I.

F4 5A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Art. 5A omitted (31.10.2016) by virtue of The Justice Act (Northern Ireland) 2015 (Single Jurisdiction) (Consequential Amendments and Revocations) Order (Northern Ireland) 2016 (S.R. 2016/317), arts. 1, 19(4); S.R. 2016/387, art. 2(a) (with art. 3)

Transfer from a family care centre to the High Court N.I.

6.  A family care centre may, upon application by a party or of its own motion, transfer proceedings under Article 31B of the 1989 Order to the High Court if it considers that the proceedings are appropriate for determination in that Court.

Commencement Information

I6 Art. 6 in operation at 15.4.2002, see art. 1

Transfer from a family care centre to a family proceedings court N.I.

7.  A family care centre may transfer to a family proceedings court before trial, proceedings which were transferred by that court under Article 5 where it considers that the criterion cited by the court as the reason for transfer does not apply.

Commencement Information

I7 Art. 7 in operation at 15.4.2002, see art. 1

Transfer from High Court to family proceedings court N.I.

8.  The High Court may transfer to a family proceedings court before trial, proceedings which were transferred by that court under Article 5 where it considers that the criterion for transfer no longer applies.

Commencement Information

I8 Art. 8 in operation at 15.4.2002, see art. 1

Transfer from the High Court to a family care centre N.I.

9.  The High Court may transfer to a family care centre, before trial, proceedings which were transferred by that court under Article 6 where it considers that the proceedings are appropriate for determination in that court.

Commencement Information

I9 Art. 9 in operation at 15.4.2002, see art. 1

Contravention of this Order N.I.

10.  Where proceedings are commenced or transferred in contravention of this Order, the contravention shall not have the effect of making the proceedings invalid and no appeal shall lie against the determination of the proceedings on the basis of such contravention alone.

Commencement Information

I10 Art. 10 in operation at 15.4.2002, see art. 1

Irvine of Lairg, C.

Dated 23rd March 2002

Article 3(a)

F5 SCHEDULE 1 N.I. Family Proceedings Courts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 1 omitted (31.10.2016) by virtue of The Justice Act (Northern Ireland) 2015 (Single Jurisdiction) (Consequential Amendments and Revocations) Order (Northern Ireland) 2016 (S.R. 2016/317), arts. 1, 19(5); S.R. 2016/387, art. 2(a) (with art. 3)

Article 3(b)

F6 SCHEDULE 2 N.I. Family Care Centres

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 2 omitted (31.10.2016) by virtue of The Justice Act (Northern Ireland) 2015 (Single Jurisdiction) (Consequential Amendments and Revocations) Order (Northern Ireland) 2016 (S.R. 2016/317), arts. 1, 19(6); S.R. 2016/387, art. 2(a) (with art. 3)

Explanatory Note

(This note is not part of the Order.)

This Order provides for the commencement and transfer of proceedings under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (declarations of parentage), as inserted by section 66 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000. That Article combines proceedings under the former Article 32(1)(a) of the 1989 Order and proceedings under the former Article 28 of the Child Support (Northern Ireland) Order 1991. It will be possible (but not obligatory, as was the case with proceedings under Article 28 of the 1991 Order) to begin proceedings under Article 31B of the 1989 Order in a court of summary jurisdiction.

(1)

S.I. 1995/755 (N.I. 2) Schedule 7 was amended by section 66(5) of, and paragraph 7 of Schedule 8 to, the Child Support, Pensions and Social Security Act (Northern Ireland) (c. 4)

(2)

S.I. 1989/677 (N.I. 4)

(3)

S.I. 1989/677 (N.I. 4) Article 31B was inserted by section 66 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)