Citation and commencement

1.-(1) These Rules may be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment No. 2) 2010 and shall come into operation on 20th December 2010.

(2) These Rules amend the Rules of the Court of Judicature (Northern Ireland) 1980(3) and an Order or Form referred to by number or an Appendix referred to by letter means the Order or Form so numbered or the Appendix so lettered in the amended Rules.

Amendments

2. In Order 6, rule 4(1)(a), after "within the jurisdiction", insert "or any other EEA state".

3. In Order 12, rule 3(3)(c), after "within the jurisdiction", insert "or any other EEA state".

4. In Order 64-

(a)in rule 5(1)(f), for "Lord Chancellor", substitute" "Department of Justice";

(b)in rule 5(2), for "Lord Chancellor", substitute "Department of Justice".

5. In Order 65, rule 5(3), for "Lord Chancellor", substitute" "Department of Justice".

6. In Order 73, rule 7(2)(c)(i), after "within the jurisdiction", insert "or any other EEA state".

7. In Order 80, rule 15(2)-

(a)for "Lord Chancellor", substitute "Department of Justice";

(b)for "Treasury", substitute "Department of Finance and Personnel".

8. In Order 84A,

(a)for rule 1(1), substitute-

"Interpretation

1.-(1) In this Order unless the context otherwise requires-

"the 2008 Act" means the Human Fertilisation and Embryology Act 2008(4) and expressions which are defined in the 2008 Act have the same meaning as in that Act;

"the 1987 Order" means the Adoption (Northern Ireland) Order 1987(5) as applied with modifications by the Parental Orders Regulations and expressions which are defined in the 1987 Order have the same meaning as in that Order;

"the Parental Orders Regulations" means the Human Fertilisation and Embryology (Parental Orders) Regulations 2010(6);

reference to a Form by number is reference to the Form as numbered in Appendix H;

"the birth mother" means the woman who carried the child;

"the other parent" means any person, other than the birth mother, who is a parent of the child but is not one of the petitioners and includes any man who is the father by virtue of section 35 of the 2008 Act or any woman who is a parent by virtue of section 42 or 43 of the 2008 Act;

"the birth parents" means the birth mother and the other parent;

"the Office" means the Office of Care and Protection and "the Master" means the Master (Care and Protection).";

(b)in rule 2, for "1990", substitute "2008";

(c)in rule 3(2), for "husband and wife", substitute "the persons who may apply for a parental order pursuant to section 54 of the 2008 Act";

(d)in rule 5(1)(a), for "section 30(1) to (7) of the 1990 Act;", substitute "section 54(1) to (8) of the 2008 Act;".

9. In Order 97, rule 2(2), after "within the jurisdiction", insert "or any other EEA state".

10. In Order 117, rule 3(5), for "Lord Chancellor", in each place that it occurs, substitute "Department of Justice".

11. In Appendix A, in note 8 of Form 12, omit "in Northern Ireland".

12. In Appendix H-

(a)for Form 1, substitute Form 1 as set out in the Schedule to these Rules;

(b)in Form 5, for "section 30 of the Human Fertilisation and Embryology Act 1990", substitute "section 54 of the Human Fertilisation and Embryology Act 2008" and, for "Parental Orders (Human Fertilisation and Embryology) Regulations 1994", substitute "Human Fertilisation and Embryology (Parental Orders) Regulations 2010".

Declan Morgan

F P Girvan

W R B Stephens

Bernard McCloskey

John Gillen

Paul Maguire

Dated 11th November 2010

In exercise of the powers conferred by section 55A(3) of the Judicature Act 1978, I allow these Rules.

Sealed with the Official Seal of the Department of Justice on 18th November 2010

David Ford

Minister of Justice

Rule 12(a)

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No. 346) to:

• provide for service on a solicitor within any EEA state consistent with EC Directive 2006/123/EC;

• substitute references to the Lord Chancellor and the Treasury with references to the Department of Justice and the Department of Finance and Personnel respectively to take account of the devolution of court related functions; and

• take account of amendments made by the Human Fertilisation and Embryology Act 2008 in relation to applications for parental orders.