SCHEDULES
SCHEDULE 1Protection against forced marriage: Northern Ireland
Part 3Jurisdiction and procedure
Appeals from county courts
I111
1
An appeal lies to the High Court against—
a
the making by a county court of any order under this Schedule; or
b
any refusal by a county court to make such an order;
as if the decision had been made in the exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I.3)) (original civil jurisdiction) and the appeal were brought under Article 60 of that Order (ordinary appeals in civil cases).
2
But an appeal does not lie to the High Court under sub-paragraph (1) where the county court is F1... exercising jurisdiction under the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I.15)) in the same proceedings.
3
Provision must be made by rules of court for an appeal to lie (upon a point of law, a question of fact or the admission or rejection of any evidence) to the Court of Appeal against—
a
the making of any order under this Schedule; or
b
any refusal to make such an order;
by a county court of the type referred to in sub-paragraph (2).
4
Sub-paragraph (3) is without prejudice to Article 61 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I.3)) (cases stated).
5
On an appeal under sub-paragraph (1), the High Court may make such orders as may be necessary to give effect to its determination of the appeal.
6
Where an order is made under sub-paragraph (5), the High Court may also make such incidental or consequential orders as appear to it to be just.
7
Any order of the High Court made on an appeal under sub-paragraph (1) (other than one directing that an application be re-heard by the county court) is to be treated, for the purposes of—
a
the enforcement of the order; and
b
any power to vary, revive or discharge orders;
as if it were an order of the county court from which the appeal was brought and not an order of the High Court.
8
This paragraph is subject to paragraph 12.