Rule 5.3 [ Appeals from orders made under the Order of 1998

Northern Ireland

(1)

Where an appeal lies to the High Court or a county court such as is specified in the Allocation Order of 1999 for the purposes of Article 39(4)(a) of the Order of 1998—

(a)

paragraphs (2) to (6) of rule 4.23, and

(b)

paragraph (2) of rule 5.2,

shall apply subject to the following provisions of this rule and with the necessary modifications.

(2)

Where the appeal is brought against the making of a hospital order or a guardianship order under the Mental Health (Northern Ireland) Order 1986^f1, a copy of any written evidence considered by the magistrates’ court under Article 44(2)(a) of that Order shall be sent by the clerk of petty sessions to the chief clerk F1....]

Annotations

Textual amendments

F1: Words in rule 5.3(2) omitted (31.10.2016) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/301), rules 1(1), 2(27); S.R. 2016/387, art. 2(a)

Footnotes

f1: S.I. 1986/595 (N.I. 4)
f2: New Rule inserted by S.R. 1999 No. 88 with effect from 29.3.99