Family Homes and Domestic Violence(Northern Ireland) Order 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997 Draft |
| Year | 1997 |
Draft Order in Council laid before Parliament under the Northern Ireland Act 1974, Schedule 1 paragraph 1(4)(a), for approval by resolution of each House of Parliament.
1997No. (N.I.)
NORTHERN IRELAND
Family Homes and Domestic Violence
(Northern Ireland) Order 1997
1997
ARRANGEMENT OF ORDER
Introductory
Article
1. Title and commencement.
2. Interpretation.
3. Meaning of "cohabitees", "relevant child" and "associated persons".
Rights to occupy matrimonial home
4. Rights concerning matrimonial home where one spouse has no estate, etc.
5. Effect of matrimonial home rights as charge on dwelling-house.
6. Registration, etc. of matrimonial charge.
7. Restriction on registration where spouse entitled to more than one matrimonial charge.
8. Cancellation of registration of matrimonial charge before completion of disposal of dwelling-house.
9. Cancellation of registration after termination of marriage, etc.
10. Release of matrimonial home rights and postponement of priority of matrimonial charge.
Occupation orders
11. Occupation orders where applicant has estate, etc. or has matrimonial home rights.
12. Effect of order under Article 11 where rights are a charge on dwelling-house.
13. One former spouse with no existing right to occupy.
14. One cohabitee or former cohabitee with no existing right to occupy.
15. Neither spouse entitled to occupy.
16. Neither cohabitee nor former cohabitee entitled to occupy.
17. Supplementary provisions.
18. Additional provisions that may be included in occupation orders.
19. Additional considerations if parties are cohabitees or former cohabitees.
Non-molestation orders
20. Non-molestation orders.
Further provisions relating to occupation and non-molestation orders
21. Leave of court required for applications by children under 16.
22. Evidence of agreement to marry.
23. Ex parte orders.
24. Variation and discharge of orders.
Enforcement
25. Offences.
26. Power of arrest without warrant.
27. Further powers of court of summary jurisdiction.
Orders under the Children (Northern Ireland) Order 1995
28. Residence and contact orders.
29. Interim care orders and emergency protection orders.
Transfer of tenancies
30. Transfer of certain tenancies.
Dwelling-house subject to mortgage
31. Dwelling-house subject to mortgage.
32. Actions by mortgagees: joining connected persons as parties.
33. Actions by mortgagees: service of notice on certain persons.
Jurisdiction and procedure, etc.
34. Jurisdiction of courts and procedure.
35. Provision for third parties to act on behalf of victims of domestic violence.
36. Provision for separate representation for children.
37. Contempt proceedings.
38. Courts of summary jurisdiction.
39. Appeals.
40. Orders and regulations.
41. Amendments, saving and transitional provisions, and repeals.
SCHEDULES:
Schedule 1—Provisions consequential on order operating to restrain dispositions.
Schedule 2—Transfer of certain tenancies on divorce etc. or on separation of cohabitees.
Part I—General.
Part II—Orders that may be made.
Part III—Supplementary provisions.
Schedule 3—Amendments.
Schedule 4—Saving and transitional provisions.
Schedule 5—Repeals.
At the Court at , the day of 1997
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974( a)and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
(a) 1974 c. 28.
Introductory
Title and commencement
1.—(1) This Order may be cited as the Family Homes and Domestic Violence (Northern Ireland) Order 1997.
(2) This Order shall come into operation on such day or days as the Secretary of State may by order appoint.
Interpretation
2.—(1) The Interpretation Act (Northern Ireland) 1954( a) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
"adoption order" has the meaning given by Article 2(2) of the Adoption (Northern Ireland) Order 1987( b);
"associated", in relation to a person, is to be read with Article 3(3) to (6);
"child" means a person under the age of 18;
"cohabitee" and "former cohabitee" have the meaning given by Article 3(1);
"the court" is to be read with Article 34;
"development" means physical, intellectual, emotional, social or behavioural development;
"dwelling-house" includes (subject to paragraph (5))—
(a) any building or part of a building which is occupied as a dwelling;(b) any caravan, houseboat or structure which is occupied as a dwelling,and any yard, garden, garage or outhouse belonging to it and occupied with it;
"family proceedings" means any proceedings—
(a) under the inherent jurisdiction of the High Court in relation to children; or(b) under the provisions mentioned in paragraph (3);(a) 1954 c. 33 (N.I.).
(b) 1987 NI 22.
"family proceedings court" has the meaning given in Article 38(4);
"harm"—
(a) in relation to a person who has reached the age of 18 years, means ill-treatment or the impairment of health, and(b) in relation to a child, means ill-treatment or the impairment of health or development;"health" includes physical or mental health;
"ill-treatment" includes sexual abuse and forms of ill-treatment which are not physical;
"legal estate" includes an equity of redemption arising on the conveyance or assignment of a legal estate by way of mortgage;
"matrimonial charge" means a charge created by Article 5;
"matrimonial home rights" has the meaning given by Article 4;
"molest" includes incite, procure or assist any person to molest;
"mortgage" includes a charge;
"mortgagor" and "mortgagee" include any person deriving title under the original mortgagor or mortgagee;
"mortgage payments" includes any payments which, under the terms of the mortgage, the mortgagor is required to make to any person;
"non-molestation order" has the meaning given by Article 20(1);
"occupation order" means an order under Article 11, 13, 14, 15 or 16;
"parental responsibility" has the same meaning as in the Children (Northern Ireland) Order 1995( a);
"purchaser" means any person (including a lessee or mortgagee) who, for valuable consideration, takes an estate in land;
"relative", in relation to a person, means—
(a) the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that person or of that person's spouse or former spouse, or(a) 1995 NI 2.
(b) the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or of the half blood or by affinity) of that person or of that person's spouse or former spouse,and includes, in relation to a person who is living or has lived with another person as husband and wife, any person who would fall within paragraph (a) or (b) if the parties were married to each other;
"relevant child", in relation to any proceedings under this Order, has the meaning given by Article 3(2);
"the relevant judicial authority", in relation to any order under this Order, means—
(a) where the order was made by the High Court, a judge of that court;(b) where the order was made by a county court, a judge or district judge of that or any other county court; or(c) where the order was made by a court of summary jurisdiction, a resident magistrate;"rules of court" includes family proceedings rules, county court rules and magistrates' courts rules (as well as rules of court as defined in section 21(4) of the Interpretation Act (Northern Ireland) 1954)( a);
"statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
(3) The provisions referred to in the definition of "family proceedings" are—
(a) this Order;(b) the Matrimonial Causes (Northern Ireland) Order 1978( b);(c) the Domestic Proceedings (Northern Ireland) Order 1980( c);(d) the Adoption (Northern Ireland) Order 1987( d);(e) Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989( e);(f) section 30 of the Human Fertilisation and Embryology Act 1990( f);(a) 1954 c. 33 (N.I.).
(b) 1978 NI 15.
(c) 1980 NI 5.
(d) 1987 NI 22.
(e) 1989 NI 4.
(f) 1990 c. 37.
(g) Parts II, III, V and XV of the Children (Northern Ireland) Order 1995( a).(4) Where the question of whether harm suffered by a child is significant turns on the child's health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.
(5) For the purposes of Articles 5 to 10, 30 and 31 and such other provisions of this Order (if any) as may be specified by order made by the Department of Finance and Personnel, this Order shall have effect as if paragraph (b) of the definition of "dwelling-house" in paragraph (2) were omitted.
(6) This Order applies as between the parties to a marriage even though either of them is, or has at any time during the marriage been, married to more than one person.
(7) In this Order references to cancelling the registration of a matrimonial charge shall, where that charge is registered in the Registry of Deeds, be construed as references to vacating the registration of that charge.
Meaning of "cohabitees", "relevant child" and "associated persons"
3.—(1) For the purposes of this Order—
(a) "cohabitees" are a man and a woman who, although not married to each other, are living together as husband and wife; and(b) "former cohabitees" is to be read accordingly, but does not include cohabitees who have subsequently married each other.(2) In this Order "relevant child", in relation to any proceedings under this Order, means—
(a) any child who is living with or might reasonably be expected to live with either party to the proceedings;(b) any child in relation to whom an order under the Adoption (Northern Ireland)...To continue reading
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