Part 4Civil partnership: Northern Ireland
Chapter 2Dissolution, nullity and other proceedings
The court
I1190Transfer of proceedings
1
This section applies if an order is made under section 188.
2
Rules of court—
a
must provide for the transfer to the High Court—
i
of any civil partnership cause pending in a F1county court which ceases to be undefended, and
ii
of any civil partnership cause so pending, where the transfer appears to the F1county court to be desirable;
b
may provide for the transfer to the High Court of any civil partnership cause which remains undefended;
c
may provide for the transfer or retransfer from the High Court to a F1county court of any civil partnership cause which is, or again becomes, undefended;
d
must define the circumstances in which any civil partnership cause is to be treated for the purposes of this subsection as undefended.
3
“Civil partnership cause” means an action for the dissolution or annulment of a civil partnership or for the legal separation of civil partners.
4
Rules of court may provide for the transfer or retransfer—
a
from a civil partnership proceedings county court to the High Court, or
b
from the High Court to a civil partnership proceedings county court,
of any proceedings for the exercise of a power under this Chapter or Schedule 15 (except proceedings on an application under paragraph 57, 58 or 66).
5
The power conferred by subsections (2) and (4) includes power to provide for the removal of proceedings at the direction of the High Court; but nothing in this section affects—
a
any other power of the High Court to remove proceedings to that court from a county court, or
b
any power to remit proceedings from that court to a county court.
6
A court has jurisdiction to entertain any proceedings transferred to the court by virtue of rules made in pursuance of subsection (4).