Constitutional Reform Act 2005 (c. 4)

SCHEDULES

SCHEDULE 5 U.K. Functions under legislation relating to Northern Ireland

Part 1 U.K. Amendments

Family Law (Northern Ireland) Order 1993 (S.I. 1993/1575 (N.I. 6)) U.K.

89 U.K. The Family Law (Northern Ireland) Order 1993 is amended as follows.

90 (1) Article 12 (family proceedings rules) is amended as follows. U.K.

(2) In paragraph (1) for the words from “which” to “court” substitute “ which may make rules of court in accordance with Article 12A ”.

(3) In paragraph (3) for “rules of court made under this Article” substitute “ family proceedings rules ”.

(4) In paragraph (4) for “Rules of court made under this Article” substitute “ Family proceedings rules ”.

(5) In paragraph (5)—

(a) after “this Article” insert “ and Article 12A ”;

(b) at the end insert—

““family proceedings rules” means rules of court made under this Article.”

91 U.K. After Article 12 insert—

“12A Making of family proceedings rules

(1) After making family proceedings rules the Committee must submit them to the Lord Chancellor.

(2) The Lord Chancellor may allow or disallow family proceedings rules submitted to him.

(3) Family proceedings rules have effect only if allowed by the Lord Chancellor.

(4) If the Lord Chancellor disallows family proceedings rules, the Lord Chancellor must give the Committee written reasons why he has disallowed them.

(5) Paragraph (6) applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for family proceedings rules to include provision that would achieve a purpose specified in the notice.

(6) The Committee must make such family proceedings rules as it considers necessary to achieve the specified purpose.

(7) Those rules must be—

(a) made within a reasonable period after the Lord Chancellor gives notice under paragraph (5);

(b) made in accordance with this Article.”

92 (1) In Schedule 2 (Northern Ireland Family Proceedings Rules Committee), paragraph 2 is amended as follows. U.K.

(2) That paragraph becomes sub-paragraph (1) of paragraph 2.

(3) In that sub-paragraph—

(a) in sub-paragraph (c) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”;

(b) in sub-paragraph (f) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(4) After that sub-paragraph insert—

“(2) The Lord Chief Justice may nominate any of the following to exercise his functions under this paragraph—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”