The Matrimonial and Family Proceedings (Northern Ireland Consequential Amendment) Order 1989

Statutory Instruments

1989 No. 678

NORTHERN IRELAND

The Matrimonial and Family Proceedings (Northern Ireland Consequential Amendment) Order 1989

Made

18th April 1989

Coming into force in accordance with Article 1(2)

At the Court at Windsor Castle, the 18th day of April 1989

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by section 38(2) of the Northern Ireland Constitution Act 1973(1) as extended by paragraph 1(7) of Schedule 1 to the Northern Ireland Act 1974(2), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:–

Title, commencement and extent

1.—(1) This Order may be cited as the Matrimonial and Family Proceedings (Northern Ireland Consequential Amendment) Order 1989.

(2) This Order shall come into force on the day appointed under article 1(3) of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989(3) for the coming into operation of Part IV of that Order.

(3) This Order extends to the whole of the United Kingdom.

Amendment of Maintenance Orders Act 1950

2.  In section 16(2)(c) of the Maintenance Orders Act 1950(4) after sub-paragraph (viii)(5) there shall be inserted the following sub-paragraph–

“(ix) Article 18 or 21 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;”.

G. I. de Deney

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order makes an amendment to the Maintenance Orders Act 1950 which is consequential on the Matrimonial and Family Proceedings (Northern Ireland) Order 1989. The Order brings orders under articles 18 and 21 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 within the definition of maintenance order for the purposes of Part II of the Maintenance Orders Act 1950, thereby rendering such orders enforceable in other parts of the United Kingdom in accordance with that Part.

(1)

1973 c. 36; section 38 was amended by paragraph 6 of Schedule 2 to the Northern Ireland Act 1982 (c. 38).

(2)

1974 c. 28.

(3)

S.I. 1989/677 (NI4).

(4)

1950 c. 37.

(5)

Inserted by paragraph 39 of Schedule 10 to the Social Security Act 1986 (c. 50).