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

S.R. 2002/119 · Made 23 March 2002 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 31 October 2016.

FAMILY PROCEEDINGS

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 1995f1, hereby makes the following Order:—

Annotations to the whole text

Footnotes

f1

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)

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Classes of Court
  4. 4Commencement of proceedings
  5. 5Transfer from a family proceedings court to a family care centre or the High Court
  6. 5ATransfer from one family proceedings court to another Repealed
  7. 6Transfer from a family care centre to the High Court
  8. 7Transfer from a family care centre to a family proceedings court
  9. 8Transfer from High Court to family proceedings court
  10. 9Transfer from the High Court to a family care centre
  11. 10Contravention of this Order
  12. Signature
  13. Schedule 1: Family Proceedings Courts Repealed
  14. Petty Sessions Districts Repealed
  15. Schedule 2Family Care Centres Repealed
  16. Explanatory note

1Citation and commencementI1

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.

2InterpretationI1

In this Order—

  • “the Order of 1989” means the Matrimonial and Family Proceedings (Northern Ireland) Order 1989f1; and

  • F1...

3Classes of CourtI1

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 F1so specified in directions issued by the Lord Chief Justice; and

(b)

family care centres, being those county courts F2so specified in directions issued by the Lord Chief Justice.

4Commencement of proceedingsI1

Proceedings under Article 31B of the Order of 1989f1 may be commenced in a family proceedings court, a family care centre or the High Court.

5Transfer from a family proceedings court to a family care centre or the High CourtI1

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.

5ATransfer from one family proceedings court to anotherF1

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

6Transfer from a family care centre to the High CourtI1

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.

7Transfer from a family care centre to a family proceedings courtI1

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.

8Transfer from High Court to family proceedings courtI1

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.

9Transfer from the High Court to a family care centreI1

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.

10Contravention of this OrderI1

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.

Signature

Irvine of Lairg, C.

Dated 23rd March 2002

Petty Sessions DistrictsF1

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

Schedule 2Family Care CentresF1

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

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.