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The Magistrates’ Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 2013

S.R. 2013/203 · Made 18 July 2013

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.

Magistrates’ Courts

Made 18th July 2013

Coming into operation 2nd September 2013

The Magistrates’ Courts Rules Committee makes the following Rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981f1 and Article 34(11) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998f2 after consultation with the Department of Justice and with the agreement of the Lord Chief Justice.

Annotations to the whole text

Footnotes

f1

S.I. 1981/1675 (N.I. 26). Article 13 was amended by paragraph 133 of Schedule 18 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) and paragraph 65 of Schedule 5 to the Constitutional Reform Act 2005 (c.4).

f2

S.I. 1998/1071 (N.I. 6). Article 34 was amended by paragraph 11 of Schedule 5 to the Constitutional Reform Act 2005 (c.4).

Contents

  1. 1Citation and Commencement
  2. 2Citation and Commencement
  3. 3Amendment to the Magistrates’ Courts (Domestic Proceedings) Rules (Northern Ireland) 1996
  4. Signature
  5. Explanatory note

1Citation and Commencement

These Rules may be cited as the Magistrates’ Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 2013 and shall come into operation on 2nd September 2013.

2Citation and Commencement

These Rules only apply to proceedings commenced on or after 2nd September 2013.

3Amendment to the Magistrates’ Courts (Domestic Proceedings) Rules (Northern Ireland) 1996

In the Magistrates’ Courts (Domestic Proceedings) Rules (Northern Ireland) 1996 f1, in rule 12A(2) after “If” insert “the order is made on the consent of the parties, or the respondent is present when the court makes the order or is known to be represented by a solicitor or”.

Signature

William A McNally

Mervyn Bates

Marc Little

Robin Steer

Dated 18th July 2013

Explanatory note

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts (Domestic Proceedings) Rules (Northern Ireland) 1996 (S.R. 1996/324) to amend the provisions on the service of occupation and non-molestation orders made under the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I.6)).