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The Children (Northern Ireland) Order 1995
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- Northern Ireland Orders in Council
- 1995 No. 755 (N.I. 2)
- SCHEDULE 7
- Commencement of proceedings
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Changes over time for: Commencement of proceedings
Version Superseded: 31/10/2016
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- 01/01/2006- Amendment
- 03/04/2006- Amendment
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Point in time - 31/10/2016- Amendment
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The Children (Northern Ireland) Order 1995, Commencement of proceedings is up to date with all changes known to be in force on or before 26 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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Commencement of proceedingsN.I.
1.—(1) 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—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) The Lord Chancellor may[F1, after consultation with the Lord Chief Justice,] by order specify circumstances in which specified proceedings under this Order (which might otherwise be commenced elsewhere) 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.
(3) Sub-paragraphs (1) and (2) shall also apply in relation to proceedings—
[F2(a)under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (declarations of parentage); or]
(b)which are to be dealt with in accordance with an order made under Article 42[F2 of the Child Support (Northern Ireland) Order 1991] (jurisdiction of courts in certain proceedings under that Order).
(4) The Lord Chancellor may[F1, after consultation with the Lord Chief Justice,] by order make provision by virtue of which, where specified proceedings with respect to a child under—
(a)this Order;
(b)Article 22 (appeals)F2. . . of the Child Support (Northern Ireland) Order 1991; or
(c)the High Court's inherent jurisdiction with respect to children,
have been commenced in or transferred to any court (whether or not by virtue of an order under this Schedule), any other specified family proceedings which may affect, or are otherwise connected with, the child may, in specified circumstances, only be commenced in that court.
(5) A class of court specified in an order under this Schedule may be described by reference to a description of proceedings and may include different levels of court.
F1Words in Sch. 7 para. 1(1)(2)(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 101(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(b)
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