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62. Schedule 3 shall have effect for the purpose of
(a)the transition to the provisions of this Order from the law in force before
the commencement of this Order;
(b)the preservation for limited purposes of certain provisions superseded by
provisions of this Order; and
(c)the assimilation in certain respects to orders under this Order of orders
made, or deemed to have been made, under the Matrimonial Causes Act (Northern
Ireland) 1939 or the Law Reform (Miscellaneous Provisions) Act (Northern
Ireland) 1951.
Art.63(a), with Schedules 3, 4, effects amendments; para.(b), with
Schedules 3, 5, effects repeals
1. Paragraphs 2 to 6 have effect for the interpretation of this Schedule.
2. "Matrimonial proceedings" means any proceedings so far as they are one or
more of the five following kinds, namely, proceedings for
divorce,
3.(1) "Another jurisdiction" means any country other than Northern Ireland.
(2) "Related jurisdiction" means any of the following countries, namely,
England and Wales, Scotland, Jersey, Guernsey and the Isle of Man (the
reference to Guernsey being treated as including Alderney and Sark).
4.(1) References to the trial or first trial in any proceedings do not include
references to the separate trial of an issue as to jurisdiction only.
(2) For the purposes of this Schedule, proceedings in the court are continuing
if they are pending and not stayed.
5. Any reference in this Schedule to proceedings in another jurisdiction is to
proceedings in a court of that jurisdiction, and to any other proceedings in
that jurisdiction, which are of a description prescribed for the purposes of
this paragraph; and provision may be made by rules of court as to when
proceedings of any description in another jurisdiction are continuing for the
purposes of this Schedule.
6. "Prescribed" means prescribed by rules of court.
7. While matrimonial proceedings are pending in the court in respect of a
marriage and the trial or first trial in those proceedings has not begun, it
shall be the duty of any person who is a petitioner in the proceedings, or is
a respondent and has in his answer included a prayer for relief, to furnish,
in such manner and to such persons and on such occasions as may be prescribed,
such particulars as may be prescribed of any proceedings which
(a)he knows to be continuing in another jurisdiction; and
(b)are in respect of that marriage or capable of affecting its validity or
subsistence.
8.(1) Where before the beginning of the trial or first trial in any
proceedings for divorce which are continuing in the court it appears to the
court on the application of a party to the marriage
(a)that in respect of the same marriage proceedings for divorce or nullity of
marriage are continuing in a related jurisdiction; and
(b)that the parties to the marriage have resided together after its
celebration; and
(c)that the place where they resided together when the proceedings in the
court were begun or, if they did not then reside together, where they last
resided together before those proceedings were begun, is in that jurisdiction;
and
(d)that either of the said parties was habitually resident in that
jurisdiction throughout the year ending with the date on which they last
resided together before the date on which the proceedings in the court were
begun,
(2) References in sub-paragraph (1) to the proceedings in the court are, in
the case of proceedings which are not only proceedings for divorce, to the
proceedings so far as they are proceedings for divorce.
9.(1) Where before the beginning of the trial or first trial in any
matrimonial proceedings which are continuing in the court it appears to the
court
(a)that any proceedings in respect of the marriage in question, or capable of
affecting its validity or subsistence, are continuing in another jurisdiction;
and
(b)that the balance of fairness (including convenience) as between the parties
to the marriage is such that it is appropriate for the proceedings in that
jurisdiction to be disposed of before further steps are taken in the
proceedings in the court or in those proceedings so far as they consist of a
particular kind of matrimonial proceedings,
(2) In considering the balance of fairness and convenience for the purposes of
sub-paragraph (1)(b), the court shall have regard to all factors appearing to
be relevant, including the convenience of witnesses and any delay or expense
which may result from the proceedings being stayed, or not being stayed.
(3) In the case of any proceedings so far as they are proceedings for divorce,
the court shall not exercise the power conferred on it by sub-paragraph (1)
while an application under paragraph 8 in respect of the proceedings is
pending.
(4) If, at any time after the beginning of the trial or first trial in any
matrimonial proceedings which are pending in the court, the court declares by
order that it is satisfied that a person has failed to perform the duty
imposed on him in respect of the proceedings by paragraph 7, sub-paragraph (1)
shall have effect in relation to those proceedings, and to
the other proceedings by reference to which the declaration is made, as if the
words "before the beginning of the trial or first trial" were omitted; but no
action shall lie in respect of the failure of a person to perform such a duty.
10.(1) Where an order staying any proceedings is in force in pursuance of
paragraph 8 or 9, the court may, if it thinks fit, on the application of a
party to the proceedings, discharge the order if it appears to the court that
the other proceedings by reference to which the order was made are stayed or
concluded, or that a party to those other proceedings has delayed unreasonably
in prosecuting them.
(2) If the court discharges an order staying any proceedings and made in
pursuance of paragraph 8, the court shall not again stay those proceedings in
pursuance of that paragraph.
11.(1) The provisions of sub-paragraphs (2) and (3) shall apply (subject to
sub-paragraph (4)) where proceedings for divorce, judicial separation or
nullity of marriage are stayed by reference to proceedings in a
related jurisdiction for divorce, judicial separation or nullity of marriage;
and in this paragraph
"custody" includes access to the child in question;
"education" includes training;
"lump sum order" means such an order as is mentioned in paragraph (f) of
Article 25(1) (lump sum payment for children), being an order made under
Article 25(1) or (2)(a);
"the other proceedings", in relation to any stayed proceedings, means the
proceedings in another jurisdiction by reference to which the stay was
imposed;
"relevant order" means
(a)an order under Article 24 (maintenance for spouse pending suit),
(b)such an order as is mentioned in paragraph (d) or (e) of Article 25(1)
(periodical payments for children) being an order made under Article 25(1) or
(2)(a),
(c)an order under Article 45(1)(a) (orders for the custody and education of
children), and
(d)except for the purposes of sub-paragraph (3), any order restraining a
person from removing a child out of Northern Ireland or out of the custody,
care or control of another person; and
"stayed" means stayed in pursuance of this Schedule.
(2) Where any proceedings are stayed, then, without prejudice to the effect of
the stay apart from this paragraph
(a)the court shall not have power to make a relevant order or a lump sum order
in connection with the stayed proceedings except in pursuance of paragraph
(c); and
(b)subject to paragraph (c), any relevant order made in connection with the
stayed proceedings shall, unless the stay is previously removed or the order
previously discharged, cease to have effect on the expiration of the period of
three months beginning with the date on which the stay was imposed; but
(c)if the court considers that, for the purpose of dealing with circumstances
needing to be dealt with urgently, it is necessary during or after that period
to make a relevant order or a lump sum order in connection with the stayed
proceedings or to extend or further extend the duration of a relevant order
made in connection with the stayed proceedings, the court may do so and the
order shall not cease to have effect by virtue of paragraph (b).
(3) Where any proceedings are stayed and at the time when the stay is imposed
an order is in force, or at a subsequent time an order comes into force, which
was made in connection with the other proceedings and provides for any of the
four following matters, namely, periodical payments for a spouse of the
marriage in question, periodical payments for a child, the custody of a child
and the education of a child then, on the imposition of the stay in a case
where the order is in force when the stay is imposed and on the coming into
force of the order in any other case
(a)any relevant order made in connection with the stayed proceedings shall
cease to have effect in so far as it makes for a spouse or child any provision
for any of those matters as respects which the same or different provision for
that spouse or child is made by the other order;
(b)the court shall not have power in connection with the stayed proceedings to
make a relevant order containing for a spouse or child provision for any of
those matters as respects which any provision for that spouse or child is made
by the other order; and
(c)if the other order contains provision for periodical payments for a child,
the court shall not have power in connection with the stayed proceedings to
make a lump sum order for that child.
(4) If any proceedings are stayed so far as they consist of
matrimonial proceedings of a particular kind but are not stayed so far as they
consist of matrimonial proceedings of a different kind, sub-paragraphs (2) and
(3) shall not apply to the proceedings but, without prejudice to the effect of
the stay apart from this paragraph, the court shall not have power to make a
relevant order or a lump sum order in connection with the proceedings so far
as they are stayed; and in this sub-paragraph references to
matrimonial proceedings do not include proceedings for a declaration.
(5) Nothing in this paragraph affects any power of the court
(a)to vary or discharge a relevant order so far as the order is for the time
being in force; or
(b)to enforce a relevant order as respects any period when it is or was in
force; or
(c)to make a relevant order or a lump sum order in connection with proceedings
which were but are no longer stayed.
1. In this Schedule "the Committee" means the Northern Ireland Matrimonial
Causes Rules Committee.
2. The Committee shall consist of
(a)the Lord Chief Justice, who shall be chairman;
(b)two judges of the High Court or the Court of Appeal nominated from time to
time by the Lord Chief Justice;
(c)two county court judges nominated by the Lord Chancellor after consultation
with the Lord Chief Justice;
(d)the Master (Probate and Matrimonial) or a Registrar (Probate and
Matrimonial) nominated by the Lord Chief Justice;
(e)a circuit registrar nominated by the Lord Chancellor;
(f)a practising member of the Bar of Northern Ireland nominated by the Lord
Chancellor;
(g)one other practising member of the Bar of Northern Ireland nominated by the
Council thereof;
(h)the president of the Incorporated Law Society of Northern Ireland or a
member of the Council thereof nominated by him;
(i)a practising solicitor nominated by that Council.
3. Where any member of the Committee is unable to act, the Lord Chief Justice,
or, in the case of a member nominated by any other authority or body, that
authority or body, may nominate another qualified person to act temporarily in
his place.
4. Rules of court may be made and other powers of the Committee exercised at a
meeting of the Committee by a majority consisting of not less than four
members, of whom the chairman of the meeting shall be one.
5. In the absence of the Lord Chief Justice, the senior judge present shall be
chairman of the meeting.
6. The joint secretaries to the Committee shall be such persons as the Lord
Chancellor, after consultation with the Lord Chief Justice, may from time to
time designate, and one of the persons so designated shall be either the
Principal Secretary to the Lord Chief Justice or another officer serving in
the Supreme Court.
7. Such of the joint secretaries to the Committee as the Lord Chancellor may
designate shall, in relation to rules of court, be the responsible officer
within the meaning of [Articles 5 and 7 of the Statutory Rules (Northern
Ireland) Order 1979].
8. The Committee shall not, except with the concurrence of the Treasury, make
a rule which may involve an increase in expenditure out of public funds; but
the validity of such a rule shall not, in any proceedings in any court, be
called in question either by the court or by any party to the proceedings on
the ground only that the Treasury did not concur or are not expressed to have
concurred in the making of the rule.
9. Any expenses incurred by the Committee shall be paid by the Lord
Chancellor.
1.(1) In this Schedule
"the Act of 1939" means the Matrimonial Causes Act (Northern Ireland) 1939;
"the Act of 1951" means the Law Reform (Miscellaneous Provisions) Act
(Northern Ireland) 1951.
(2) If different days are appointed under Article 1(2) for the commencement of
different provisions of this Order, any reference in this Schedule to the
commencement of this Order shall, in relation to any such provision, be
construed as a reference to the commencement of that provision.
2. Subject to paragraph 3, any application made or proceeding begun under any
statutory provision repealed by this Order, being an application or proceeding
which is pending at the commencement of this Order, shall be deemed to have
been made or begun under any provision of this Order which corresponds to that
statutory provision.
3. Nothing in Part II of this Order shall apply in relation to any petition
for divorce or judicial separation presented before the commencement of this
Order, and notwithstanding any repeal or amendment made by this Order the Act
of 1939 and any rules of court made for the purposes of that Act shall
continue to have effect in relation to proceedings on any such petition which
are pending at the commencement of this Order as they had effect immediately
before the commencement of this Order.
4. Notwithstanding any repeal or amendment made by this Order, the Act of 1939
and any rules of court made for the purposes of that Act shall continue to
have effect in relation to
(a)any proceedings on a petition for damages for adultery or for restitution
of conjugal rights presented before the commencement of this Order which are
pending at the commencement of this Order, and
(b)any proceedings for relief under section 17(2) or (3), 19(4), 20(2) or
22(2) of the Act of 1939 (as extended, in the case of section 22, by section 7
of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966) brought
in connection with proceedings on a petition for restitution of conjugal
rights so presented, being proceedings for relief which are themselves pending
at the commencement of this Order,
5. Subject to the provisions of this Order (and, in particular, to Articles 16
and 51(2)) and to rules of court, in exercising its jurisdiction in relation
to nullity of marriage the court may act and may give relief on principles and
rules which, in the opinion of the court, are as nearly as may be conformable
to those on which the ecclesiastical courts of Ireland acted and gave relief
before 1st January 1871.
6. In Article 6 any reference to a decree of judicial separation includes a
reference to a decree of divorce a mensa et thoro granted before 1st October
1939.
7. Article 16(1) replaces, in relation to any decree to which it applies, any
rule of law whereby a decree may be refused by reason of approbation,
ratification or lack of sincerity on the part of the petitioner or on similar
grounds.
8. In the application of Article 25(1)(d), (e) or (f) to any proceedings begun
between 14th November 1966 and the commencement of this Order, Article 25
shall have effect as if, in paragraph (b) in the definition of "child of the
family" in Article 2(2), for the reference to any other child such as is there
mentioned there were substituted a reference to a child of one party such as
is mentioned in section 7(1) of the Maintenance and Affiliation Orders Act
(Northern Ireland) 1966; and in the corresponding application to any
proceedings begun before 15th November 1966, Article 25 shall have effect as
if the said paragraph (b) were omitted.
9. Where the party chargeable under a maintenance agreement within the meaning
of Article 36 died before the date of the commencement of this Order, then
(a)paragraph (1) of that Article shall not apply to the agreement unless there
remained undistributed on that date assets of that party's estate (apart from
any property in which he had only a life interest) representing not less than
four-fifths of the value of that estate for probate after providing for the
discharge of his funeral, testamentary and administrative expenses, debts and
liabilities, including any capital transfer tax or estate duty payable out of
his estate on his death, but not including any liability arising by virtue of
that paragraph; and
(b)nothing in that paragraph shall render liable to recovery, or impose any
liability upon the personal representatives of that party in respect of, any
part of that party's estate which had been distributed before that date.
10. No right or liability shall attach by virtue of Article 36(1) in respect
of any sum payable under a maintenance agreement within the meaning of that
Article in respect of a period before the commencement of this Order.
11. In relation to such proceedings as are mentioned in Article 45(1) which
were begun between 14th November 1966 and the commencement of this Order or
begun before 15th November 1966, Article 45(1) shall have effect as if,
respectively, in paragraph (b) in the definition of "child of the family" in
Article 2(2) for the reference to any other child such as is there mentioned
there were substituted a reference to a child of one party such as is
mentioned in section 7(1) of the Maintenance and Affiliation Orders Act
(Northern Ireland) 1966, or the said paragraph (b) were omitted.
12. Article 45(2) shall not apply in relation to an order made under section 4
of the Act of 1951 before the commencement of this Order and deemed by virtue
of section 29 of the Interpretation Act (Northern Ireland) 1954 to be made
under Article 29.
13.(1) No proceedings for divorce shall be entertained by the court by virtue
of Article 49(2) or (6) while proceedings for divorce or nullity of marriage
begun before 1st January 1974 are pending (in respect of the same marriage) in
England and Wales, Scotland, the Channel Islands or the Isle of Man; and
provision may be made by rules of court as to when for the purposes of this
paragraph proceedings are to be treated as begun or pending in any of those
places.
(2) Nothing in Article 49 affects the court's jurisdiction to entertain any
proceedings begun before 1st January 1974.
14.(1) Article 51(1) shall not apply in relation to any petition for divorce
or judicial separation presented before the commencement of this Order.
(2) Article 51(2) applies whether the marriage took place, or the proceedings
were instituted, before or after the commencement of this Order.
15. In Article 54(3) any reference to rules of court as defined by
section 21(4) of the Interpretation Act (Northern Ireland) 1954 includes a
reference to such rules as so defined by any amendment of that Act for which
provision is made by any Act of the Session in which this Order is made
(whether or not that amendment is yet in force).
16. In paragraph 2 of Schedule 2 in sub-paragraph (d) the reference to the
Master (Probate and Matrimonial) or a Registrar (Probate and Matrimonial)
includes a reference to, respectively, the Chief Probate Registrar or an
Assistant Probate Registrar, and in sub-paragraph (e) the reference to a
circuit registrar includes a reference to a clerk of the Crown and peace.
17. The amendment made by Schedule 4 in section 1(1) of the Matrimonial Causes
(Reports) Act (Northern Ireland) 1966 shall not prevent that Act having the
same application in relation to any proceedings for restitution of conjugal
rights which are continued by paragraph 4 as it would have had if the
amendment had not been made.
18.(1) Subject to sub-paragraphs (2) to (5), a marriage celebrated after 30th
September 1939 and before the commencement of this Order shall (without
prejudice to any other grounds on which a marriage celebrated before that time
is by law void or voidable) be voidable on the ground
(a)that the marriage has not been consummated owing to the wilful refusal of
the respondent to consummate it; or
(b)that at the time of the marriage either party to the marriage
(i)was of unsound mind; or
(ii)was subject to recurrent attacks of insanity or epilepsy; or
<(iii)was a person requiring special care within the meaning of the Mental Health Act (Northern Ireland) 1961; or
(c)that the respondent was at the time of the marriage suffering from venereal
disease in a communicable form; or
(d)that the respondent was at the time of the marriage pregnant by some person
other than the petitioner.
(2) Subject to sub-paragraph (3), in relation to a marriage celebrated before
2nd April 1962 for subheads (ii) and (iii) of sub-paragraph (1)(b) there shall
be substituted
<"(ii)was subject to recurrent fits of insanity or epilepsy; or
<(iii)might have been ascertained, in accordance with the provisions of Part III of the Mental Health Act (Northern Ireland) 1948, to be a person requiring special care within the meaning of that Act; or".
(3) In relation to a marriage celebrated before 1st January 1949 sub-paragraph
(1)(b)(iii) shall be omitted.
(4) The court shall not grant a decree of nullity in a case falling within
sub-paragraph (1)(b), (c) or (d) unless it is satisfied that
(a)the petitioner was at the time of the marriage ignorant of the facts
alleged; and
(b)proceedings were instituted within a year from the date of the marriage;
and
(c)marital intercourse with the consent of the petitioner has not taken place
since the petitioner discovered the existence of the grounds for a decree;
(5) Nothing in this paragraph shall be construed as validating a marriage
which is by law void but with respect to which a decree of nullity has not
been granted.
19.Where a decree of nullity was granted before the commencement of this Order
in respect of a voidable marriage, any child who would have been the
legitimate child of the parties to the marriage if at the date of the decree
it has been dissolved instead of being annulled shall be deemed to be their
legitimate child.
20. Article 20(2) shall not apply in a case where the death occurred before
the commencement of this Order but section 15 of the Act of 1939 (which
provides that certain property of a wife judicially separated from her husband
shall devolve, on her death intestate, as if her husband had then been dead)
shall continue to apply in any such case.
21.(1) An order made under section 19(1) or (2) of the Act of 1939 (including
either of those subsections as applied by section 19(7)) shall,
notwithstanding anything in the order, cease to have effect on the remarriage
after the commencement of this Order of the person in whose favour the order
was made, except in relation to any arrears due under it on the date of the
remarriage.
(2) An order made under section 17(2) or (3), 19(4) (including that subsection
as applied by section 19(7)) or 20(2) of the Act of 1939 or section 4 of
the Act of 1951 shall, if the marriage of the parties to the proceedings in
which the order was made was or is subsequently dissolved or annulled but the
order continues in force, cease to have effect on the remarriage after the
commencement of this Order of the party in whose favour the order was made,
except in relation to any arrears due under it on the date of the remarriage.
22. Article 40 shall apply in relation to an order made under section 17(2) or
(3), 19(1), (2) or (4) (including those subsections as applied by
section 19(7)) or 20(2) of the Act of 1939 or under section 4 of the Act of
1951 as it applies in relation to a periodical payments or secured periodical
payments order in favour of a party to a marriage.
23.(1) Subject to the provisions of this paragraph, Article 33 shall apply, as
it applies to the orders mentioned in paragraph (2) thereof, to
(a)an order made under any of the following provisions of the Act of 1939,
that is to say,
(i)in section 19, subsections (1), (2), (3) and (4) (including those
subsections as applied by subsection (7)), but excluding subsection (4) so far
as it applies to an order made in connection with a decree for restitution of
conjugal rights);
(ii)section 20(1), where the order is made in connection with a decree for
judicial separation;
<(iii)section 22(1), in so far as it relates to the maintenance of a child, and section 22(3);
(b)an order made under section 4 of the Act of 1951;
(c)an order such as is mentioned in section 19(6) of the Act of 1939 made in
proceedings for judicial separation or for a divorce a mensa et thoro;
(d)an order for alimony pending suit made in proceedings for judicial
separation.
(2) Subject to the provisions of this paragraph, the court hearing an
application for the variation of an order made as mentioned in sub-paragraph
(1) shall have power to vary that order in any way in which it would have
power to vary it had the order been made under the corresponding provision of
Part III.
(3) Article 33, as it applies by virtue of sub-paragraph (1), shall have
effect as if for paragraphs (4), (5) and (6) there were substituted the
following paragraphs
"(4) The court shall not exercise the powers conferred by this Article in
relation to an order made under section 20(1) of the Matrimonial Causes Act
(Northern Ireland) 1939 (" the Act of 1939") in connection with the grant of a
decree of judicial separation except on an application made in proceedings
(a)for the rescission of that decree, or
(b)for the dissolution of the marriage in question.
(5) No order for the payment of a lump sum and no property adjustment order
shall be made on an application for the variation of any order made under
section 19(1), (2) or (4) (including those subsections as applied by
section 19(7)) or section 22(1) or (3) of the Act of 1939 or section 4 of the
Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1951 ("the Act of
1951").
(6) In the case of an order made under section 19(1) (including that
subsection as applied by section 19(7)) or section 22(3) of the Act of 1939 or
under section 4 of the Act of 1951, requiring a party to a marriage to secure
an annual sum or periodical payments to any other person, an application under
this Article relating to that order may be made after the death of the person
liable to make payments under the order by the person entitled to the payments
or by the personal representatives of the deceased person, but no such
application shall, except with the permission of the court, be made after the
end of the period of six months from the date on which representation in
regard to the estate of that person is first taken out.";
(4) In relation to an order made before 13th February 1951 under section 19(1)
of the Act of 1939 on or after granting a decree of divorce or nullity of
marriage, the powers conferred by this paragraph shall not be exercised unless
the court is satisfied that the case is one of exceptional hardship which
cannot be met by discharge, variation or suspension of any other order made by
reference to that decree, being an order made under section 19(2) of the Act
of 1939.
24.(1) Paragraphs (1) and (3) of Article 33 shall apply to an order made under
section 17(2) or (3) of the Act of 1939 or under section 19(4) of that Act in
its application to proceedings for restitution of conjugal rights, or under
section 20(2) or 22(2) of that Act, and to an order for alimony pending suit
made in proceedings for restitution of conjugal rights, as they apply to the
orders mentioned in paragraph (2) of Article 33.
(2) In exercising the powers conferred by virtue of this paragraph the court
shall have regard to all the circumstances of the case, including any change
in any of the matters to which the court was required to have regard when
making the order to which the application relates.
25. Article 45(7) shall apply in relation to an order for the custody or
education of a child made under section 22(1) or (2) of the Act of 1939, as it
applies in relation to an order made under Article 45.
26. The power of the court under Article 25(1) or (2)(a) or 45(1)(a) to make
from time to time a financial provision order or, as the case may be, an order
for custody or education in relation to a child of the family shall be
exercisable notwithstanding the making of a previous order or orders in
relation to the child under section 22(1) of the Act of 1939.
27. Article 34 shall apply in relation to the enforcement, by proceedings
begun after the commencement of this Order, of the payment of arrears due
under an order made under section 17(2), 19, 20(2) or 22 (so far as it relates
to the maintenance of a child) of the Act of 1939 or section 4 of the Act of
1951 or an order for alimony pending suit made in proceedings for judicial
separation or restitution of conjugal rights as it applies in relation to the
enforcement of the payment of arrears due under any such order as is mentioned
in that Article.
28. Article 35 shall apply to an order made or deemed to have been made under
any of the provisions of the Act of 1939 mentioned in paragraph 27 as it
applies to the orders mentioned in Article 35(2).
29.(1) Article 39 shall apply in relation to proceedings for relief under
section 17(2) or (3), 19(4), 20(2) or 22(2) of the Act of 1939 continuing by
virtue of paragraph 4(b) as it applies in relation to proceedings for relief
under any of the provisions of this Order specified in Article 39(1).
(2) Without prejudice to sub-paragraph (1), Article 39 shall also apply where
an order has been obtained under any of the following provisions of the Act of
1939, that is to say, sections 17, 19, 20, 22(1) (in so far as it relates to
the maintenance of a child) and section 22(3) or under section 4 of the Act of
1951 as it applies where an order has been obtained under any of the
provisions of this Order specified in Article 39(1).
30. Articles 46 and 47 shall apply where the court has jurisdiction by virtue
of paragraph 4(b) to make an order for the custody of a child under
section 22(2) of the Act of 1939 as they apply where the court has
jurisdiction to make an order for custody under Part IV of this Order, but as
if the reference in Article 46(2) to a financial provision order in favour of
the child were a reference to an order for payments for the maintenance and
education of the child.
31. Except where specific provision to the contrary is made in this Order,
nothing in this Order shall affect the provisions of sections 28 and 29 of the
Interpretation Act (Northern Ireland) 1954 (effect of repeals and of
substituting provisions).
Schedule 4Amendments. Schedule 5Repeals
1954 c.33
© 1978 Crown Copyright
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