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

Amendment to the 1996 Rules

3.  In rule 1.3 (Interpretation)—

(a)in paragraph (1)—

(i)after the definition of “the Order of 1999” insert—

““the Act of 2004” means the Civil Partnership Act 2004(1);”;

(ii)in the definition of “ancillary relief”, after paragraph (c) insert—

“(ca)an order for maintenance pending outcome of proceedings,”;

(iii)for the definition of “avoidance of disposition order” substitute—

““avoidance of disposition order” means—

(iv)for the definition of “cause” substitute—

““cause” means—

(v)for the definition of “child” and “child of the family” substitute—

• ““child”, except in Part IV or Part IVB, in relation to one or both of the parties to a marriage or civil partnership, includes an illegitimate child of that party or, as the case may be, of both parties;

• “child of the family” has, except in Part IV or Part IVB, the meaning assigned to it by Article 2(2) of the Order of 1995;”;

(vi)after the definition of “child of the family” insert—

““civil partnership cause” has the meaning assigned to it by section 190(3) of the Act of 2004;

“civil partnership order” means one of the orders mentioned in section 161 of the Act of 2004;

“civil partnership proceedings” means any proceedings under the Act of 2004;

“civil partnership proceedings county court” means a county court so designated by the Lord Chancellor under section 188(4) of the Act of 2004;”;

(vii)for the definition of “consent order” substitute—

““consent order” means—

(viii)in the definition of “Contracting State”, for sub-paragraph (a) substitute—

“(a)one of the parties to the Council Regulation, that is to say, Belgium, Cyprus, Czech Republic, Germany, Greece, Spain, Estonia, France, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Slovakia, Slovenia, Finland, Sweden and the United Kingdom, and”;

(ix)for the definition of “the Council Regulation” substitute—

““the Council Regulation” means the Council Regulation (EC) No. 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility;”;

(x)after the definition of “Department” insert—

““designated county court” means a court designated as—

(xi)for the definition of “financial provision order” substitute—

““financial provision order” means—

(xii)for the definition of “financial relief” substitute—

• ““financial relief” has—

  (a)

  in matrimonial proceedings, the meaning assigned to it by Article 39 of the Order of 1978, and

  (b)

  in civil partnership proceedings, the meaning assigned to it by paragraph 67 of Schedule 15 to the Act of 2004;”;

(xiii)after the definition of “Master” insert—

““matrimonial cause” has the meaning assigned to it by Article 48(11) of the Order of 1978;”;

(xiv)after the definition of “Office of Care and Protection” insert—

““order for maintenance pending outcome of proceedings” means an order under paragraph 33 of Schedule 15 to the Act of 2004;”;

(xv)after the definition of “person named” insert—

““the President of Gender Recognition Panels” means the office in paragraph 2(1) of Schedule 1 to the Gender Recognition Act 2004;”

(xvi)for the definition of “property adjustment order” substitute—

““property adjustment order” means—

(xvii)in the definition of “undefended cause”, in paragraph (b)(iv)—

(aa)after “decree”, the first time it appears, insert “or civil partnership order, as the case may be,”; and

(bb)after “decree”, the second time it appears, insert “or civil partnership order”;

(xviii)for the definition of “variation order” substitute—

““variation order” means—

(b)in paragraph (2), for “decree or order has been pronounced or made on the petition” substitute—

“decree, civil partnership order or other order has been pronounced or made on the petition, or it has been otherwise finally disposed of.”;

(c)for paragraph (6) substitute—

“(6) In these Rules any references to a “county court” shall—

(a)in matrimonial proceedings, be construed as references to a divorce county court, and

(b)in civil partnership proceedings, be construed as references to a civil partnership proceedings county court.”; and

(d)after paragraph (6) insert—

“(7) In these Rules—

(a)a reference to a conditional order is a reference to an order made under Chapter 2 of Part 4 of the Act of 2004 of a kind mentioned in section 161(1)(a), (b) or (c) of that Act which has not been made final; and

(b)a reference to a final order is a reference to such an order which has been made final.”.