The Magistrates’ Courts (Children (Northern Ireland) Order 1995) (Amendment) Rules (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 35

magistrates’ courts

The Magistrates’ Courts (Children (Northern Ireland) Order 1995) (Amendment) Rules (Northern Ireland) 2008

Made

31st January 2008

Coming into operation

10th March 2008

The Magistrates’ Courts Rules Committee makes the following Rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981(1) and Article 165 of the Children (Northern Ireland) Order 1995(2) after consultation with the Lord Chancellor and with the agreement of the Lord Chief Justice.

Citation and commencement

1.  These Rules may be cited as the Magistrates’ Courts (Children (Northern Ireland) Order 1995) (Amendment) Rules (Northern Ireland) 2008 and shall come into operation on 10th March 2008.

Amendments to the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996(3)

2.  In rule 2 (Matters prescribed for the purposes of the Order) in paragraph (5)—

(a) in sub-paragraph (a) after “5” insert “and 9”; and

(b) in sub-paragraph (b) after “7,” insert “9,”.

3.  In Schedule 1 (Forms), in Form C20, in the Notes about the Emergency Protection Order omit “You may apply at any time, but the court will only hear an application to end an order when 72 hours have passed since the order was made.”.

George Conner

Sean McCann

John Rea

Nigel Broderick

P Kelly

Dated 31st January 2008

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996 (S.R. 1996 No. 323) in consequence of the Children (Emergency Protection Orders) Act (Northern Ireland) 2007 (c.3) to:

• prescribe that a resident magistrate or (in relation to an ex parte application under rule 2(5)(a) and rule 5) a lay magistrate may exercise the powers of a court of summary jurisdiction under rule 9 in relation to service of documents; and

• amend Form C20 (Emergency Protection Order) to reflect that there is no longer a prohibition on the court hearing an application to discharge an emergency protection order for 72 hours after the order is made.

(1)

S.I.1981/1675 (N.I. 26); Article 13 was amended by paragraph 65 of Schedule 5 to the Constitutional Reform Act 2005 (c.4).

(2)

S.I 1995/ 755 (N.I. 2).

(3)

S.R. 1996 No. 323 to which the most recent amendments were made by S.R. 2005 No. 559 and S.R. 2007 No. 397.