The Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005

This Order may be cited as the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005.

Subject to the following provisions of this Article, this Order comes into operation on such day or days as the Department may by order appoint.

This Part comes into operation on the expiration of 7 days from the day on which this Order is made.

Part IV and Articles 22 and 23 come into operation on the expiration of one month from the day on which this Order is made.

An order made under paragraph (2) may contain such transitional provisions and savings as appear to the Department to be necessary or expedient in connection with the provisions brought into operation by the order.

The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

In this Order—

• “the Department” means the Department of Finance and Personnel;

• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

An instrument executed by an individual after the coming into operation of this Article is a deed, notwithstanding that it has not been sealed, if, and only if, it satisfies the requirements of paragraph (2).

The requirements referred to in paragraph (1) are that the instrument is—

Where an instrument under seal that constitutes a deed is required for the purposes of any statutory provision passed or made before the coming into operation of this Article, this Article shall have effect as to signing, sealing and delivery of an instrument by an individual in place of any provision of that statutory provision as to signing, sealing and delivery.

The statutory provisions mentioned in Schedule 1 (which in consequence of this Article require amendment) shall have effect with the amendments specified in that Schedule.

In this Article “individual” does not include a corporation sole.

In Schedule 2 to the Insolvency (Northern Ireland) Order 1989 (NI 19)—

In Article 46A of the Companies (Northern Ireland) Order 1986 (NI 6)—

Section 7 of the Powers of Attorney Act (Northern Ireland) 1971 (c. 33) (execution of instruments, etc. by donee of power of attorney) shall be amended as follows.

For subsection (1) there shall be substituted—

“(1)

If the donee of a power of attorney is an individual, he may, if he thinks fit—

(a)

execute any instrument with his own signature, and

(b)

do any other thing in his own name,

by the authority of the donor of the power; and any instrument executed or thing done in that manner shall, subject to subsection (1A), be as effective as if executed by the donee in any manner which would constitute due execution of that instrument by the donor or, as the case may be, as if done by the donee in the name of the donor.”.

After subsection (1) there shall be inserted—

“(1A)

Where an instrument is executed by the donee as a deed, it shall be as effective as if executed by the donee in a manner which would constitute due execution of it as a deed by the donor only if it satisfies the requirements of paragraph (2) of Article 3 of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005.”.

In subsection (2), the words “and, in the case of a deed, by affixing his own seal” shall cease to have effect.

Any rule of law which requires authority by one person to another to deliver an instrument as a deed on his behalf to be given by deed is abolished.

Where a solicitor, or an agent or employee of a solicitor, in the course of, or in connection with, a transaction involving the sale or other disposition of—

purports to deliver an instrument as a deed on behalf of a party to the instrument, it is to be conclusively presumed in favour of a purchaser that he is authorised so to deliver the instrument.

In paragraph (2)—

• “disposition” includes a conveyance and also a devise, bequest or appointment of property by will;

• “purchaser” means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who, for valuable consideration, acquires an estate in land or an interest in the proceeds of sale of land; and, in relation to a legal estate, includes a chargee by way of legal mortgage.

Nothing in this Article applies in relation to instruments delivered as deeds before the coming into operation of this Article.

An instrument operating as an escrow may be revoked by the person delivering it at any time before it has effect.

An instrument executed by a corporation is, and always has been, capable of operating as an escrow in the same circumstances and with the same consequences as an instrument executed by an individual.

The rule of law known as the rule in Pigotís Case (which deals with the consequences of alterations in certain documents) is abolished.

A material alteration to any document to which this paragraph applies does not, by itself, invalidate the document or render it voidable, or otherwise affect any obligation under the document.

Paragraph (2) applies to the following documents—

This Article applies to alterations made before or after the coming into operation of this Article, but does not apply to proceedings instituted before this Article comes into operation.

in paragraph (b), for “or nephew” there shall be substituted “, nephew or first cousin”;

at the end of paragraph (b) there shall be inserted—

“or

(c)

the father-in-law, mother-in-law, brother-in-law or sister-in-law of that person,”;

for “paragraph (a) or (b)” there shall be substituted “paragraph (a), (b) or (c)”.

In Article 2(2) of the 1998 Order (interpretation)—

In Article 3(1) of the 1998 Order (meaning of “cohabitees”, “relevant child” and “associated persons”)—

In Article 14 of the 1998 Order (one cohabitee or former cohabitee with no existing right to occupy)—

In Article 16 of the 1998 Order (neither cohabitee nor former cohabitee entitled to occupy), in paragraph (1)(a), for the words “live or lived together as husband and wife” there shall be substituted “cohabit or cohabited”.

Article 19 of the 1998 Order (additional considerations if parties are cohabitees or former cohabitees) shall cease to have effect.

In Schedule 2 to the 1998 Order (transfer of certain tenancies on divorce etc. or on separation of cohabitees)—

In Article 25 of the 1998 Order (offences) after the words “any person who” there shall be inserted “without reasonable excuse”.

In that Article—

Nothing in paragraph (2) affects the punishment for an offence committed before the coming into operation of that paragraph.

The presumption of advancement is abolished in relation to married or engaged couples.

Paragraph (1) shall not have effect in relation to anything done before the coming into operation of this Article or anything done pursuant to any obligation incurred before the coming into operation of this Article.

The Colonial Solicitors Act 1900 (c. 14) shall cease to have effect.

Any admission or thing done under or for the purposes of the Colonial Solicitors Act 1900 shall be treated as an admission or thing done under or for the purposes of Article 5 of the Solicitors (Northern Ireland) Order 1976 (NI 12).

In Article 5 of the Solicitors (Northern Ireland) Order 1976, paragraph (5) shall cease to have effect.

Subject to paragraph (2), the Trading Stamps Act (Northern Ireland) 1965 (c. 6) shall cease to have effect.

Section 9 of that Act continues to have effect for the purposes of the Consumer Transactions (Restrictions on Statements) Order 1976 (S.I. 1976/1813).

In the Consumer Transactions (Restrictions on Statements) Order 1976 (S.I. 1976/1813)—

In the Supply of Goods and Services Act 1982 (c. 29)—

for “hereunto set their hands and seals [or seals only, as the case may be,]” substitute “executed this instrument as a deed”; and

for “Signed, sealed and delivered” substitute “Signed and delivered as a deed”.

in subsection (1), for the words “signed and sealed by, or by direction and in the presence of,” substitute “executed as a deed by”;

omit subsection (2).

in paragraph (a), after “an action upon” (where those words occur twice) insert “a deed or”; and

in paragraph (b) for “under seal” substitute “a deed or under seal”.