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.