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The Family Proceedings (Amendment No. 3) Rules (Northern Ireland) 2005

S.R. 2005/558 · Made 7 December 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

FAMILY PROCEEDINGS

SUPREME COURT

COUNTY COURTS

Made 7th December 2005

To be laid before Parliament

Coming into operation 6th January 2006

We, the Family Proceedings Rules Committee, in exercise of the powers conferred on us by Article 12 of the Family Law (Northern Ireland) Order 1993f1 with the concurrence of the Lord Chancellor, make the following Rules:

Annotations to the whole text

Footnotes

f1

S.I. 1993/1576 (N.I. 6)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment to the 1996 Rules
  3. 3Amendment to the 1996 Rules
  4. 4Amendment to the 1996 Rules
  5. 5Amendment to the 1996 Rules
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretation

(1)

These Rules may be cited as the Family Proceedings (Amendment No. 3) Rules (Northern Ireland) 2005 and shall come into operation on 6th January 2006.

(2)

In these Rules a reference to a rule by number alone is a reference to the rule so numbered in the Family Proceedings Rules (Northern Ireland) 1996f1 (“the 1996 Rules”).

2Amendment to the 1996 Rules

For rule 8.33 substitute—

“Interpretation

8.33
(1)

In rules 8.34 to 8.42—

(a)

“judgment” is to be construed in accordance with the definition in Article 2(4) of the Council Regulation or, where the Jurisdiction and Recognition of Judgments Regulations apply, in accordance with regulation 6(1) of those Regulations; and

(b)

“the Jurisdiction and Recognition of Judgments Regulations” means the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005f1.

(2)

In rules 8.44, 8.45, 8.47 and 8.48 “the Central Authority of Northern Ireland” means the Northern Ireland Court Service.”.

3Amendment to the 1996 Rules

In rule 8.34 (Filing of applications), after “Council Regulation” insert “or the Jurisdiction and Recognition of Judgments Regulations”.

4Amendment to the 1996 Rules

In rule 8.41 (Application for recognition or non-recognition)—

(a)

in paragraph (1), after “Council Regulation” insert “or regulations 7 and 8 of the Jurisdiction and Recognition of Judgments Regulations, as the case may be,”;

(b)

in paragraph (2), after “of a judgment” insert “under the Council Regulation”;

(c)

after paragraph (2) insert—

“(3)

Where it is sought to apply for recognition or non-recognition of a judgment under the Jurisdiction and Recognition of Judgments Regulations, rules 8.33 to 8.43 shall apply to such application as they apply to an application for registration under Article 28(2) of the Council Regulation, with the following modifications—

(a)

substitute paragraph (1)(a) of rule 8.36 (evidence in support of application) with—

“(a)

exhibiting—

(i)

the judgment or a verified or certified or otherwise duly authenticated copy thereof;

(ii)

where a judgment has been given in default, the original or certified true copy of the document which established that the party in default was served with the document instituting the proceedings or with an equivalent document; and

(iii)

where the judgment or document is not in the English Language, a translation thereof into English certified by a notary public or person qualified for the purpose or authenticated by witness statement or affidavit.”;

(b)

in paragraph (2) of rule 8.36 omit “and (iii)”; and

(c)

in rule 8.37—

(i)

in paragraph (2) omit from “and” to “that period”; and

(ii)

omit paragraph (3).”.

5Amendment to the 1996 Rules

In Appendix 2 (Contents of Petition), in paragraph 1—

(a)

for sub-paragraph (bb) substitute—

“(bb)

where it is alleged that the court has jurisdiction—

(i)

under the Council Regulation, the grounds of jurisdiction under Article 3(1) of the Council Regulation;

(ii)

under the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005f1, the grounds of jurisdiction under regulation 3 of those Regulations.”; and

(b)

in sub-paragraph (c), after “Council Regulation” insert “or the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005, as the case may be”.

Signature

Brian Kerr

John Gillen

Richard McLaughlin

Charles Redpath

Dated 7th December 2005

Signed by the authority of the Lord Chancellor

I concur

Bridget Prentice

Parliamentary Under-Secretary of State,

Department for Constitutional Affairs

Dated 12th December 2005

Explanatory note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Rules (Northern Ireland) 1996 (S.R. 1996 No. 322), which apply to proceedings in the High Court and county courts, to extend the rules in respect of the procedure for recognition of a judgment under Council Regulation (EC) 2201/2003 to apply equally to a judgment pronounced by a court in a Member State to which the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 (S.I. 2005/3334) applies.