The Magistrates' Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2005

21.  In Schedule 1 (Forms)—

(a) after Form D1 insert the new Form D1A set out in Schedule 3 to these Rules;

(b) in Form D2 (Summons to Respondent on application for order for payments agreed by parties)—

(i) for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Article 8: Rule 4(2))” substitute—

• “[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

• (Article 8: Rule 4(2))]

• [CIVIL PARTNERSHIP ACT 2004

• (Part 2 of Schedule 16: Rule 4(2))]*”; and

(ii) for “Article 8 of the above-mentioned Order” substitute “[Article 8 of the above-mentioned Order] [Part 2 of Schedule 16 to the above-mentioned Act]*”;

(c) In Form D3 (Respondent’s consent to Article 8 order and statement of financial resources)—

(i) for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Article 8(9): Rule 4(3))” substitute—

• “[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

• (Article 8(9): Rule 4(3))]

• [CIVIL PARTNERSHIP ACT 2004

• (Part 2 of Schedule 16: Rule 4(3))]*”;

(ii) in the title, for “Article 8 order” substitute “[Article 8 order] [Part 2 order]*”; and

(iii) for “Article 8 of the above-mentioned Order” substitute “[Article 8 of the above-mentioned Order] [Part 2 of Schedule 16 to the above-mentioned Act]*”;

(d) in Form D3A (Declaration of Financial Resources of Child), for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Article 8(9): Rule 4(4))” substitute—

• “[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

• (Article 8(9): Rule 4(4))]

• [CIVIL PARTNERSHIP ACT 2004

• (Paragraph 11 of Schedule 16: Rule 4(4))]*”;

(e) in Form D4 (Summons to Respondent on application for order for payments where parties are living apart by agreement)—

(i) for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Article 9: Rule 5(2))” substitute—

• “[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

• (Article 9: Rule 5(2))]

• [CIVIL PARTNERSHIP ACT 2004

• (Part 3 of Schedule 16: Rule 5(2))]*”; and

(ii) for “Article 9 of the above Order” substitute “[Article 9 of the above Order] [Part 3 of Schedule 16 to the above Act]*”;

(f) in Form D5 (Notice to Respondent of decision to treat application for order under Article 9 as application for order under Article 4)—

(i) for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Article 9: Rule 5(4))” substitute—

• “[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

• (Article 9: Rule 5(4))]

• [CIVIL PARTNERSHIP ACT 2004

• (Paragraph 18 of Schedule 16: Rule 5(4))]*”;

(ii) in the title, for “Article 9 as application for order under Article 4” substitute “[Article 9 as application for order under Article 4] [Part 3 of Schedule 16 to the Act of 2004 as application for order under Part 1 of Schedule 16]*”;

(iii) for “Article 9 of the above-mentioned Order” substitute “[Article 9 of the above-mentioned Order] [Part 3 of Schedule 16 to the above-mentioned Act]*”;

(iv) for “Article 9(4)” substitute “[Article 9(4)] [Paragraph 18 of Schedule 16 to the Act of 2004]*”;

(v) for “Article 4” substitute “[Article 4] [Part 1 of Schedule 16 to the Act of 2004]*”; and

(vi) for “Article 9” substitute “[Article 9] [Paragraph 18 of Schedule 16 to the Act of 2004]*”;

(g) in Form D6 (Order for financial provision)—

(i) for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Articles 4, 8 and 9: Rule 8(1))” substitute—

• “[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

• (Articles 4, 8 and 9: Rule 8(1))]

• [CIVIL PARTNERSHIP ACT 2004

• (Parts 1, 2 and 3 of Schedule 16: Rule 8(1))]*”; and

(ii) for “Article [4] [8] [9] of the above-mentioned Order” substitute “[Article [4] [8] [9] of the above-mentioned Order] [Part [1] [2] [3] of Schedule 16 to the above-mentioned Act]*”;

(h) in Form D7 (Notice of courts powers with respect to children under the Children (Northern Ireland) Order 1995)—

(i) for “DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980 (Article 10: Rule 9)” substitute—

• “[DOMESTIC PROCEEDINGS (NORTHERN IRELAND) ORDER 1980

• (Article 10: Rule 9)]

• [CIVIL PARTNERSHIP ACT 2004

• (Paragraph 45 of Schedule 16: Rule 9)]*”; and

(ii) for “Domestic Proceedings (Northern Ireland) Order 1980 substitute “[Domestic Proceedings (Northern Ireland) Order 1980] [Civil Partnership Act 2004]*”; and

(iii) at the end insert “*Delete whichever is inappropriate”.

(i) for Form F1 (Application for a non-molestation order/an occupation order) substitute the new Form F1 set out in Schedule 4 to these Rules;

(j) in Form F2 (Summons to Respondent on an application under the Family Homes and Domestic Violence (Northern Ireland) Order 1998), in note 4—

(i) for “box 1, 4 or 5” substitute “box 1, 4, 5 or 6”;

(ii) for “the length of time that has elapsed since the marriage was dissolved or annulled” substitute—

• “where you and the applicant were married, the length of time that has elapsed since the marriage was dissolved or annulled

• where you and the applicant were civil partners, the length of time that has elapsed since the dissolution or annulment of the civil partnership”;

(iii) after “divorce proceedings etc.)” insert “or under Part 2 of Schedule 15 to the Civil Partnership Act 2004 (Property adjustment on or after dissolution, nullity or separation)”; and

(iv) after “husband and wife” insert “or civil partners”; and

(k) in Form F3 (Notice to Mortgagees and Landlords), omit “matrimonial” in each place it appears.