The Family Proceedings (Amendment No. 2) Rules (Northern Ireland) 2005

Amendment to the 1996 Rules

2.  In the Arrangement of Rules—

(a)in the heading following Part II, after “Matrimonial Causes” insert “and Civil Partnership Causes”;

(b)after the entry relating to rule 2.6 insert—

“2.6A.  Petition for nullity on ground of issue of interim gender recognition certificate.”

“2.6B.  Petition for nullity on ground that respondent’s gender had become acquired gender at time of marriage or civil partnership”;

(c)after the entry relating to rule 2.10 insert—

“2.10A.  Acknowledgement of service of petition for nullity brought on ground relating to gender recognition”;

(d)for the entry relating to rule 2.12 substitute—

• “Consent to grant of decree or civil partnership order”;

(e)after the entry relating to rule 2.14 insert—

“2.14A.  Answer praying for decree of nullity on ground of issue of interim gender recognition certificate.

2.14B.  Answer praying for decree of nullity on ground that petitioner’s gender had become acquired gender at time or marriage or civil partnership”;

(f)after the entry relating to rule 2.15 insert—

“2.15A.  Reply to answer praying for decree of nullity on ground relating to gender recognition”;

(g)for the entry relating to rule 2.23 substitute—

• “Re-transfer of cause to divorce county court or civil partnership proceedings county court”;

(h)for the entry relating to rule 2.26 substitute—

• “Medical examination in proceedings for nullity of marriage”;

(i)for the entry relating to rule 2.34 substitute—

• “Lists in the designated county courts”;

(j)for the entry relating to rule 2.37 substitute—

• “Procedure for complying with Article 44 of the Order of 1978 or section 186 of the Act of 2004”;

(k)for the entry relating to rule 2.42 substitute—

• “Evidence of marriage or overseas relationship outside Northern Ireland”;

(l)for the entry relating to rule 2.47 substitute—

• “Application for recission of decree or conditional order”;

(m)for the entry relating to rule 2.48 substitute—

• “Application under Article 12(2) of the Order of 1978 or section 172(2) of the Act of 2004”;

(n)for the entry relating to rule 2.51 substitute—

• “Recission of decree nisi or conditional order by consent”;

(o)for the entry relating to rule 2.52 substitute—

• “Decree absolute or final order on lodging notice”;

(p)for the entry relating to rule 2.53 substitute—

• “Decree absolute or final order on application”;

(q)after the entry relating to rule 2.54 insert—

“2.54A.  Indorsement and certificate of final order;

2.54B.  Application under section 6 of the Gender Recognition Act 2004(1)”;

(r)for the entry relating to rule 2.70 substitute—

• “Request for periodical payments order at same rate as order for maintenance pending suit or maintenance pending outcome of proceedings”;

(s)for the entry relating to rule 2.71 substitute—

• “Application for order under Article 39(2)(a) of the Order of 1978 or paragraph 67(2) of Schedule 15 to the Act of 2004”;

(t)for the entry relating to rule 3.1 substitute—

• “Application by spouse or civil partner for failure to maintain”;

(u)for the entry relating to rule 3.7 substitute—

• “Application of other rules to proceedings under Article 37 or 38 of the Order of 1978 or under paragraphs 62 or 66 of Schedule 15 to the Act of 2004”;

(v)for the entry relating to rule 3.9 substitute—

• “Transfer of certain tenancies on divorce etc., dissolution etc., of civil partnership or on separation of cohabitees”;

(w)after the entry relating to rule 3.10 insert—

“3.10A.  Application under section 181 of the Act of 2004 for declaration as to civil partnership status”;

(x)for the entry relating to rule 3.11 substitute—

• “Procedure to be followed in relation to application under rules 3.10 and 3.10A”;

(y)for the entry relating to rule 3.12 substitute—

• “Application for leave to apply for financial relief after overseas divorce or overseas dissolution etc., of a civil partnership”;

(z)for the entry relating to rule 3.13 substitute—

• “Application for an order for financial relief or an avoidance of transaction order under Part IV of the Order of 1989 or under Schedule 17 to the Act of 2004”;

(aa)for the entry relating to rule 3.14 substitute—

• “Application for an order under Article 28 of the Order of 1989 or under paragraph 17 of Schedule 17 to the Act of 2004 preventing transaction”;

(bb)after the entry relating to rule 3.38 insert—

“3.39.  Reference under section 8(5) of the Gender Recognition Act 2004”;

(cc)after the entry relating to rule 4.27 insert—

“4.28.  Stay under the Council Regulation”;

(dd)after the entry relating to rule 5.3 insert—

“5.4.  Appeal under section 8(1) of the Gender Recognition Act 2004”;

(ee)for the entry relating to rule 7.9 substitute—

• “Copies of decrees, civil partnership orders and other orders”;

(ff)after the entry relating to rule 7.13 insert—

“7.13A.  Documents in family proceedings concerning gender recognition”;

(gg)for the entry relating to rule 8.31 substitute—

• “Special provisions as to judgment summonses in designated county court”;

(hh)for the entry relating to rule 8.32 substitute—

• “Removal of designated county court order into High Court”;

(ii)in the entry relating to rule 8.41 (Application for recognition), after “recognition” insert “or non-recognition”;

(jj)in the entry relating to rule 8.42 (Enforcement of judgments in other Contracting States), for “Enforcement” substitute “Recognition or enforcement”; and

(kk)after the entry relating to rule 8.43 insert—

“8.44.  Service of a certificate under Article 41 of the Council Regulation;

8.45.  Registration of a certificate issued under Article 41 of the Council Regulation;

8.46.  Application by a party for transfer of proceedings to a court of another Member State;

8.47.  Application by a court of another Member State for transfer of proceedings;

8.48.  Rectification of a certificate issued under Article 41 of the Council Regulation”.