SCHEDULES

(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.