# Magistrates' Courts (Domestic Proceedings) Rules (Northern Ireland) 1996, Rule 4: Application for order under Article 8 of the Order or Part 2 of Schedule 16 to the Act of 2004 (orders for payments agreed by parties)

Extent: N.I.

(1) An application by way of complaint to a justice of the peace or clerk of petty sessions for an order under Article 8 of the Order or Part 2 of Schedule 16 to the Act of 2004 may be made orally specifying the type or types of financial provision applied for and the amount of any payment to be made thereunder.
(2) A summons issued in consequence of such an application shall be in Form D2 and shall be prepared in triplicate and a copy served on the respondent.
(3) For the purposes of Article 8(9)(a) and (b) of the Order or paragraph 11(2)(a) and (b) of Schedule 16 to the Act of 2004 evidence of the consent of the respondent to the making of the order and of the financial resources of the respondent shall be proved by way of a written statement in Form D3 signed by the respondent in the presence of one person from the persons described in paragraph (5) below, according to where the statement is signed.
(4) For the purposes of Article 8(9)(c) of the Order or paragraph 11(2)(c) of Schedule 16 to the Act of 2004 evidence of the financial resources of the child shall be proved by way of a written statement in Form D3A signed by the respondent, or, in an appropriate case, the child, in the presence of one person from the persons described in paragraph (5) below, according to where the statement is signed.
(5) A written statement under paragraph (3) or (4) above shall be signed in the presence of one of the following persons:—
(a) in Northern Ireland—
a justice of the peace or clerk of petty sessions;
(b) in England and Wales—
a justice of the peace or justice’s clerk;
(c) in Scotland—
a justice of the peace or sheriff;
(d) outside the United Kingdom—
(i) any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose;
(ii) a British Consular Officer;
(iii) a notary public, or
(iv) if the person executing the document is serving in any of the regular armed Forces of the Crown, an officer holding a commission in any of those Forces.
(6) For the purposes of the said Article 8(9) of the Order or paragraph 11 of Schedule 16 to the Act of 2004 a written statement purporting to be signed and witnessed in accordance with paragraph (3) or (4) shall be admissible as evidence without further proof of the signature of the respondent or of the witness, or, in the case of a statement in Form D3A which the child has signed, the child or of the witness, and shall be deemed to have been so signed and witnessed on the date and at the place specified in the document, unless the contrary is proved.

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Source: https://www.legislation.gov.uk/nisr/1996/324/rule/4 (the official version)
Page: https://openlegislation.uk/magistrates-courts-domestic-proceedings-rules-northern-ireland-1996/rule-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.