2002 No. 119
FAMILY PROCEEDINGS

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

To be laid before Parliament
Made
Coming into operation
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 19951, hereby makes the following Order:—

Citation and commencement1.

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.

Annotations:
Commencement Information

I1Art. 1 in operation at 15.4.2002, see art. 1

Interpretation2.

In this Order—

“the Order of 1989” means the Matrimonial and Family Proceedings (Northern Ireland) Order 19892; and

F1...

Classes of Court3.

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 F2so specified in directions issued by the Lord Chief Justice; and

(b)

family care centres, being those county courts F3so specified in directions issued by the Lord Chief Justice.

Commencement of proceedings4.

Proceedings under Article 31B of the Order of 19894 may be commenced in a family proceedings court, a family care centre or the High Court.
Annotations:
Commencement Information

I4Art. 4 in operation at 15.4.2002, see art. 1

Transfer from a family proceedings court to a family care centre or the High Court5.

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.

Annotations:
Commencement Information

I5Art. 5 in operation at 15.4.2002, see art. 1

Transfer from one family proceedings court to anotherF45A.

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

Transfer from a family care centre to the High Court6.

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.

Annotations:
Commencement Information

I6Art. 6 in operation at 15.4.2002, see art. 1

Transfer from a family care centre to a family proceedings court7.

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.

Annotations:
Commencement Information

I7Art. 7 in operation at 15.4.2002, see art. 1

Transfer from High Court to family proceedings court8.

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.

Annotations:
Commencement Information

I8Art. 8 in operation at 15.4.2002, see art. 1

Transfer from the High Court to a family care centre9.

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.

Annotations:
Commencement Information

I9Art. 9 in operation at 15.4.2002, see art. 1

Contravention of this Order10.

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.

Annotations:
Commencement Information

I10Art. 10 in operation at 15.4.2002, see art. 1

Irvine of Lairg, C.

F5SCHEDULE 1Family Proceedings Courts

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F6SCHEDULE 2Family Care Centres

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

(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.