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The Children (Northern Ireland) Order 1995
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The Children (Northern Ireland) Order 1995, Paragraph 2 is up to date with all changes known to be in force on or before 27 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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2.—(1) 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, specified proceedings to which this paragraph applies shall be transferred to—N.I.
(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.
(2) Any order under this paragraph 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.
(3) The proceedings to which this paragraph applies are—
(a)any proceedings under this Order;
[F2(aa)any proceedings under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989.]
(b)any proceedings under Article 22 (appeals)F2. . . of the Child Support (Northern Ireland) Order 1991;
(c)any other proceedings which—
(i)are family proceedings for the purposes of this Order, other than proceedings under the inherent jurisdiction of the High Court; and
(ii)may affect, or are otherwise connected with, the child concerned.
(4) Proceedings to which this paragraph applies by virtue of sub-paragraph (3)(c) may only be transferred in accordance with the provisions of an order made under this paragraph for the purpose of consolidating them with proceedings under—
(a)this Order; or
(b)the High Court's inherent jurisdiction with respect to children.
(5) An order under this paragraph may make such provision as the Lord Chancellor thinks appropriate[F3, after consultation with the Lord Chief Justice,] for excluding proceedings to which this paragraph applies from the operation of any statutory provision which would otherwise govern the transfer of those proceedings, or any part of them.
F1Words in Sch. 7 para. 2(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 101(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(b)
F3Words in Sch. 7 para. 2(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 101(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(b)
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