The Magistrates' Courts (Northern Ireland) Order 1981

Changes over time for: Section 88

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The Magistrates' Courts (Northern Ireland) Order 1981, Section 88 is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Article 88:

Instrument am (prosp) by S.I. 1994/2795 (N.I.) arts.3(4) 25
Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.3(5) Sch.1
Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.5(2)
Instrument mod (prosp) by 1994 c. 33 s. 91(3)
Instrument revoked by 1998 c. 41 s.74(1)(3) Sch.12 para.5 Sch.14 Pt.I

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Act amended by 1996 c. 25 s.79 Sch.4 para 30
Act amended by 1996 c. 25 s.79 Sch.4 para 30
Order applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
Order power to modify conferred by 2015 c. 9 (N.I.) s. 24(5)(a) (see s 24(6))

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Sch.6 Pt.I paras.18 19 revoked by 1995 c. 21 s. 314(1) Sch.12 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
Sch.6 Pt.I para.5 revoked by S.I. 1995/756 art.15 Sch.
Sch. 6 Pt. 3 para. 170 repealed by S.I. 2007/916 (N.I.) Sch. 8 Pt. 1 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
Sch. 6 para. 128-130 repealed by 2011 c. 15 (N.I.) Sch. 3 Pt. 2 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
Sch. 6 para. 125 repealed by 2011 c. 16 (N.I.) Sch. 5 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
Sch. 6 para. 144 repealed by 2006 c. 48 Sch. 15 Pt. 4 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
Sch. 6 para. 21 repealed by 2013 c. 22 Sch. 11 para. 210 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
Sch. 6 para. 25 repealed by 2013 c. 22 Sch. 11 para. 210 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
art. 29A excluded by 1975 c. 59, s. 4(3) (as substituted) by 2015 c. 9 (N.I.) s. 7(6)
art. 29A inserted by 2015 c. 9 (N.I.) s. 7(2)
art. 34(1A)-(1E) inserted by 2015 c. 9 (N.I.) s. 8(2)
art. 140(2ZA) inserted by 2016 c. 18 (N.I.) Sch. 10 para. 16

Nature of domestic proceedingsN.I.

88. In this Order the expression “domestic proceedings” means proceedings—

(a)under the Maintenance Orders (Facilities for Enforcement) Act 1920F1 F2. . . or Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972F3[F2 or under Part I of the Civil Jurisdiction and Judgments Act 1982 so far as that Part relates to the recognition and enforcement of maintenance orders][F4F5...[F6[F7or under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007];]]

[F2(aa)in relation to maintenance orders registered in a court of summary jurisdiction under the Maintenance Orders Act 1950 or Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 or section 36 of the Civil Jurisdiction and Judgments Act 1982, under that Act of 1950 or Part II of that Act of 1966]

(b)under the Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924;

(c)under Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972F8[F9 or section 101 of the Social Security Administration (Northern Ireland) Act 1992];

[F10(cc)under Article 37 of the Matrimonial Causes (Northern Ireland) Order 1978;]

(d)under the Domestic Proceedings (Northern Ireland) Order 1980;

[F11(dd)under Article 22 of the Child Support (Northern Ireland) Order 1991 (so far as appeals under that Article are, by virtue of Article 2 of the Child Support Appeals (Jurisdiction of Courts) Order (Northern Ireland) 1993, to be made to a court of summary jurisdiction) or under Article 28 of the Child Support (Northern Ireland) Order 1991;

(de)under the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992;]

[F12(df)under the Children (Northern Ireland) Order 1995;]

[F13(dg)under the Family Homes and Domestic Violence (Northern Ireland) Order 1998;]

[F14(dh)under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;]

[F15(di)under paragraph 54 of Schedule 15 to the Civil Partnership Act 2004 or under Schedule 16 to that Act;]

[F16(dj)under Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters;]

(e)under Article 87 or Article 98 in relation to orders made under any of the enactments referred to in the foregoing paragraphs; or

(f)under any enactment specified in the preceding paragraphs as applied or extended by or for the purposes of any other enactment.

F11920 c. 33

F21982 c. 27

F31972 c. 18

F4SI 2001/3929

F5Words in art. 88(a) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 10(4) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)