Constitutional Reform Act 2005

Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

41 (1) Article 48 (the court) is amended as follows.

(2) In paragraph (1)—

(a) for “by the Lord Chancellor” substitute “in accordance with paragraph (1A)”;

(b) omit the words after sub-paragraph (b).

(3) After paragraph (1) insert—

“(1A) It is for the Lord Chancellor, with the concurrence of the Lord Chief Justice, to make an order such as is mentioned in paragraph (1)(b).”

(1B) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (1A)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”