OpenLegislation

Article 88 Nature of domestic proceedings

Northern Ireland

In this Order the expression “domestic proceedings” means proceedings—

(a)

under the Maintenance Orders (Facilities for Enforcement) Act 1920F1F2. . . or Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972F3 or under Part I of the Civil Jurisdiction and Judgments Act 1982 so far as that Part relates to the recognition and enforcement of maintenance ordersF4F5...F6F7or under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007;

(aa)

in relation to maintenance orders registered in a court of summary jurisdiction under the Maintenance Orders Act 1950 or Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 or section 36 of the Civil Jurisdiction and Judgments Act 1982, under that Act of 1950 or Part II of that Act of 1966

(b)

under the Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924;

(c)

under Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972F8F9 or section 101 of the Social Security Administration (Northern Ireland) Act 1992;

F10(cc)

under Article 37 of the Matrimonial Causes (Northern Ireland) Order 1978;

(d)

under the Domestic Proceedings (Northern Ireland) Order 1980;

F11(dd)

under Article 22 of the Child Support (Northern Ireland) Order 1991 (so far as appeals under that Article are, by virtue of Article 2 of the Child Support Appeals (Jurisdiction of Courts) Order (Northern Ireland) 1993, to be made to a court of summary jurisdiction) or under Article 28 of the Child Support (Northern Ireland) Order 1991;

(de)

under the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992;

F12(df)

under the Children (Northern Ireland) Order 1995;

F13(dg)

under the Family Homes and Domestic Violence (Northern Ireland) Order 1998;

F14(dh)

under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;

F15(di)

under paragraph 54 of Schedule 15 to the Civil Partnership Act 2004 or under Schedule 16 to that Act;

F16(dj)

under Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters;

(e)

under Article 87 or Article 98 in relation to orders made under any of the enactments referred to in the foregoing paragraphs; or

(f)

under any enactment specified in the preceding paragraphs as applied or extended by or for the purposes of any other enactment.

Annotations

Textual amendments

F1

1920 c. 33

F2

1982 c. 27

F3

1972 c. 18

F4

SI 2001/3929

F5

Words in art. 88(a) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 10(4) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in art. 88(a) substituted (18.6.2011) by Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 9, Sch. 7 para. 20(6)

F7

Words in art. 88(a) inserted (1.8.2014) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations (Northern Ireland) 2012 (S.R. 2012/413), reg. 1(1), Sch. 4 para. 2(4)

F8

1972 NI 14

F9

1992 c. 9

F10

1989 NI 4

F11

SR 1993/98

F12

1995 NI 2

F13

1998 NI 6

F14

2000 c. 4 (NI)

F15

2004 c. 33

F16

Art. 88(dj) inserted (11.1.2015) by The Civil Jurisdiction and Judgments (Protection Measures) Regulations 2014 (S.I. 2014/3298), regs. 1(4), 6

Notes on Part VIII

Modifications

C1

Pt. VIII (arts. 77-90) applied (1.10.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 58, 100(5), Sch. 5 paras. 5(3), 10(2) (with s. 101(2)); S.I. 2009/1493, art. 2(a)(c)

C2

Pt. VIII (arts. 77-90) applied (prosp.) by Charities Act (Northern Ireland) 2008 (c. 12), ss. 147(4), 185(1)

C3

Pt. VIII referred to by S.I. 1996/3158 (N.I.), art. 76D(4)(b) (as inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 2; S.R. 2016/126, art. 2)