SCHEDULES
SCHEDULE 5Functions under legislation relating to Northern Ireland
Part 1Amendments
Family Law (Northern Ireland) Order 1993 (S.I. 1993/1575 (N.I. 6))
89
The Family Law (Northern Ireland) Order 1993 is amended as follows.
90
1
Article 12 (family proceedings rules) is amended as follows.
2
In paragraph (1) for the words from “which” to “court” substitute “
which may make rules of court in accordance with Article 12A
”
.
3
In paragraph (3) for “rules of court made under this Article” substitute “
family proceedings rules
”
.
4
In paragraph (4) for “Rules of court made under this Article” substitute “
Family proceedings rules
”
.
5
In paragraph (5)—
a
after “this Article” insert “
and Article 12A
”
;
b
at the end insert—
“family proceedings rules” means rules of court made under this Article.
91
After Article 12 insert—
Making of family proceedings rules12A
1
After making family proceedings rules the Committee must submit them to the Lord Chancellor.
2
The Lord Chancellor may allow or disallow family proceedings rules submitted to him.
3
Family proceedings rules have effect only if allowed by the Lord Chancellor.
4
If the Lord Chancellor disallows family proceedings rules, the Lord Chancellor must give the Committee written reasons why he has disallowed them.
5
Paragraph (6) applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for family proceedings rules to include provision that would achieve a purpose specified in the notice.
6
The Committee must make such family proceedings rules as it considers necessary to achieve the specified purpose.
7
Those rules must be—
a
made within a reasonable period after the Lord Chancellor gives notice under paragraph (5);
b
made in accordance with this Article.
92
1
In Schedule 2 (Northern Ireland Family Proceedings Rules Committee), paragraph 2 is amended as follows.
2
That paragraph becomes sub-paragraph (1) of paragraph 2.
3
In that sub-paragraph—
a
in sub-paragraph (c) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “
Lord Chief Justice
”
;
b
in sub-paragraph (f) for “Lord Chancellor” substitute “
Lord Chief Justice
”
.
4
After that sub-paragraph insert—
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).