The Rules of the Supreme Court (Northern Ireland) (Amendment) 1996

Link to law: http://www.legislation.gov.uk/nisr/1996/212/made/data.htm?wrap=true
Published: 1996-05-22

Statutory Rules of Northern Ireland
1996 No. 212

SUPREME COURT, NORTHERN IRELAND
PROCEDURE
The Rules of the Supreme Court (Northern Ireland) (Amendment) 1996

Made
22nd May 1996

To be laid before Parliament

Coming into operation
17th June 1996

We, the Northern Ireland Supreme Court Rules Committee, being the authority having for the time being power under section 55 of the Judicature (Northern Ireland) Act 1978(1) to make, amend or revoke rules regulating the practice and procedure of the Supreme Court of Judicature of Northern Ireland, hereby, with the concurrence of the Lord Chancellor, exercise those powers as follows:

Citation and commencement

1.  These Rules may be cited as the Rules of the Supreme Court (Northern Ireland) (Amendment) 1996 and shall come into operation on 17th June 1996.

Business of the Supreme Court

2.  Order 1 of the Rules of the Supreme Court (Northern Ireland) 1980(2) shall be amended as follows:

(a)by substituting for rule 12 the following new rule—

“Assignment to Family Division

12.  There shall be assigned to the Family Division—

(a)all causes and matters in relation to

(i)the grant and revocation of probate of wills and letters of administration of estates of deceased persons;

(ii)divorce, nullity of marriage, judicial separation, a decree of presumption of death and dissolution of marriage and any matters arising therefrom or connected therewith;

(iii)the inherent jurisdiction of the court with respect to children;

(b)proceedings under

(i)the Maintenance Orders (Facilities for Enforcement) Act 1920(3); Part II of the Maintenance Orders Act 1950(4); the Maintenance Orders Act 1958(5); the Maintenance and Affiliation Orders Act (Northern Ireland) 1966(6); and the Maintenance Orders (Reciprocal Enforcement) Act 1972(7);

(ii)Articles 107 to 110 of the Judgments Enforcement (Northern Ireland) Order 1981(8); in relation to orders made by the court in matrimonial proceedings for the payment of money or by the Enforcement of Judgments Office in relation to the enforcement of such orders;

(iii)Part II of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984(9) except where those proceedings have been assigned to the Chancery Division under rule 10 of this Order;

(iv)the Child Abduction and Custody Act 1985(10);

(v)the Family Law Act 1986(11);

(vi)the Mental Health (Northern Ireland) Order 1986(12);

(vii)the Enduring Powers of Attorney (Northern Ireland) Order 1987(13);

(viii)the Adoption (Northern Ireland) Order 1987(14);

(ix)Parts IV and V of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989(15);

(x)the Human Fertilisation and Embryology Act 1990(16) and the Adoption (Northern Ireland) Order 1987 as applied with modifications by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994(17);

(xi)the Children (Northern Ireland) Order 1995(18);

(c)all causes or matters which under, by virtue of or in pursuance of any statutory provision are assigned to the Family Division.”; and

(b)by substituting for rule 17 the following new rule—

“Office of Care and Protection

17.  There shall be transacted in the Office of Care and Protection all business in connection with—

(a)causes, matters or proceedings assigned to the Family Division under—

(i)rule 12(a)(iii);

(ii)rule 12(b)(iv) to (viii);

(iii)rule 12(b)(x); and

(b)proceedings assigned to the Family Division under—

(i)rule 12(b)(ix) where the application is under Article 33 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;

(ii)rule 12(b)(xi) except where by virtue of any statutory provision the proceedings are required to be brought in a pending cause which is assigned to the Family Division under rule 12(a)(ii).”.

Brian Hutton
R. D. Carswell
Anthony Campbell
Owen Catchpole
Hugh P. Kennedy
John MacDermott
J. M. Nicholson
Dated 13th May 1996.

I concur

Mackay of Clashfern, C.
Dated 22nd May 1996.

Explanatory Note

(This note is not part of the Rules.)
These Rules amend Order 1 of the Rules of the Supreme Court (Northern Ireland) 1980 to substitute new rules 12 and 17 providing for the allocation of proceedings (including proceedings under the Children (Northern Ireland) Order 1995) to the Family Division in the High Court and for the allocation of business to the Office of Care and Protection.


(1)
1978 c. 23

(2)
S.R. 1980 No. 346; the relevant amending instruments are S.R. 1988 No. 71; S.R. 1989 No. 79; S.R. 1989 No. 224; S.R. 1989 No. 287; S.R. 1991 No. 232 and S.R. 1995 No. 2

(3)
1920 c. 23

(4)
1950 c. 37

(5)
1958 c. 39

(6)
1966 c. 36 (N.I.)

(7)
1972 c. 18

(8)
S.I. 1981/226 (N.I. 6)

(9)
S.I. 1984/1984 (N.I. 14)

(10)
1985 c. 60

(11)
1986 c. 55

(12)
S.I. 1986/595 (N.I. 4)

(13)
S.I. 1987/1627 (N.I. 16)

(14)
S.I. 1987/2203 (N.I. 22)

(15)
S.I. 1989/677 (N.I. 4)

(16)
1990 c. 37

(17)
S.I. 1994/2767

(18)
S.I. 1995/755 (N.I. 2)
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