The Family Proceedings (Amendment No. 2) Rules (Northern Ireland) 2005

Amendment to the 1996 Rules

70.  In rule 3.13 (Application for an order for financial relief or an avoidance of transaction order under Part IV of the Order of 1989)—

(a) in the heading, after “the Order of 1989” insert “or under Schedule 17 to the Act of 2004”;

(b) in paragraph (1), after “under Part IV of the Order of 1989” insert “or Schedule 17 to the Act of 2004”;

(c) in paragraph (2), after “Form M6” insert “and M6A”;

(d) in paragraph (4)—

(i) omit “under Article 18 of the Order of 1989”;

(ii) omit “under Article 27 of that Order”; and

(iii) for “an order under the said Article 27” substitute “an avoidance of transaction order”;

(e) in paragraph (7), after “the Order of 1989” insert “or under paragraph 13 of Schedule 17 to the Act of 2004”;

(f) in paragraph (8)—

(i) after “the Order of 1989” insert “or paragraph 13 of Schedule 17 to the Act of 2004”; and

(ii) after “to that Order” insert “or Part 2 of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998(1), as the case may be,”;

(g) in paragraph (9) omit “under Part IV of the Order of 1989”; and

(h) after paragraph (9) insert—

“(10) In this Rule—

(a) “avoidance of transaction order” means—

(i) in relation to an application under the Order of 1989, an application under Article 27 of that Order, and

(ii) in relation to an application under the Act of 2004, an application under paragraph 15 of Schedule 17 to that Act; and

(b) “interim order for maintenance” means—

(i) in relation to an application under the Order of 1989, an order under Article 18 of that Order, and

(ii) in relation to an application under the Act of 2004, an order under paragraph 5 of Schedule 17 to that Act.”.

(1)

S.I. 1998/1071 (N.I. 6)