Family Homes and Domestic Violence (Northern Ireland) Order 1998

Jurisdiction of courts and procedure N.I.

34.—(1) In this Order “the court” means the High Court, a county court or a court of summary jurisdiction.

(2) Paragraph (1) is subject to the provision made by or under the following provisions of this Article, to Article 38 and to any express provision as to the jurisdiction of any court made by any other provision of this Order.

(3) The Lord Chancellor may[F1 , after consultation with the Lord Chief Justice,] by order specify proceedings under this Order which may only be commenced in—

(a) a specified level of court,

(b) a court which falls within a specified class of court, or

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Lord Chancellor may[F1 , after consultation with the Lord Chief Justice,] by order specify circumstances in which specified proceedings under this Order may only be commenced in—

(a) a specified level of court,

(b) a court which falls within a specified class of court, or

(c) a particular court determined in accordance with, or specified in, the order.

(5) The Lord Chancellor may[F1 , after consultation with the Lord Chief Justice,] by order provide that in specified circumstances the whole or any specified part of any specified proceedings under this Order is to be transferred to—

(a) a specified level of court,

(b) a court which falls within a specified class of court, or

(c) a particular court determined in accordance with, or specified in, the order.

(6) An order under paragraph (5) may provide for the transfer to be made at any stage, or specified stage, of the proceedings and whether or not the proceedings, or any part of them, have already been transferred.

(7) An order under paragraph (5) may make such provision as the Lord Chancellor thinks appropriate[F3 , after consultation with the Lord Chief Justice,] for excluding specified proceedings from the operation of any statutory provision which would otherwise govern the transfer of those proceedings or any part of them.

(8) For the purposes of paragraphs (3), (4) and (5), there are three levels of court—

(a) the High Court;

(b) a county court; and

(c) a court of summary jurisdiction.

F4 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (9A) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article—

(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).]

(10) In this Article “specified” means specified by an order under this Article and a class of court so specified may be described by reference to a description of proceedings and may include different levels of court.

(11) Article 165 of the [1995 NI 2.] Children (Northern Ireland) Order 1995 (provision which may be made by rules of court) shall apply for the purpose of giving effect to this Order as it applies for the purpose of giving effect to that Order, except that in the application of that Article by virtue of this paragraph “relevant proceedings” means any application made, or proceedings brought, under this Order and any part of such proceedings.

F1 Words in art. 34(3) - (5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 110(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(b)

F2 Art. 34(3)(c) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 114(1)(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F3 Words in art. 34(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch.5 para. 110(3); S.I. 2006/1014, art.2(a), Sch. 1 para. 12(b)

F4 Art. 34(9) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 114(1)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F5 Art. 34(9A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 110(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(b)

Modifications etc. (not altering text)

C1 Art. 34(3)-(10) applied (with modifications) (25.11.2008) by Forced Marriage (Civil Protection) Act 2007 (c. 20), ss. 2, 4(4), Sch. 1 para. 8(3)(4); S.R. 2008/446, art. 2(a)

C2 Art. 34(3)-(10) applied (with modifications) by 2003 c. 31, Sch. 2 para. 24(4)(5) (as inserted (17.7.2015) by Serious Crime Act 2015 (c. 9), ss. 73(2), 88(1) (with s. 86(14)(15)); S.I. 2015/1428, reg. 2(a))