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

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 1981[^f00001] and Article 34(11) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998[^f00002] after consultation with the Department of Justice and with the agreement of the Lord Chief Justice.

Citation and Commencement

1

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.

2

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

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

3

In the Magistrates’ Courts (Domestic Proceedings) Rules (Northern Ireland) 1996 [^f00003], 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”.

Signed

William A McNally — Mervyn Bates — Marc Little — Robin Steer — Dated 18th July 2013

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

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)).

Footnotes

[^f00001]: 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).

[^f00002]: 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).

[^f00003]: S.R. 1996/324 to which the most recent relevant amendments were made by S.R. 1999/62, which inserted Rule 12A.