SCHEDULES

SCHEDULE 5Functions under legislation relating to Northern Ireland

Part 1Amendments

Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6))

109

The Family Homes and Domestic Violence (Northern Ireland) Order 1998 is amended as follows.

110

1

Article 34 (jurisdiction of courts and procedure) is amended as follows.

2

In paragraphs (3), (4) and (5) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

3

In paragraph (7) after “Lord Chancellor thinks appropriate” insert “ , after consultation with the Lord Chief Justice, ”.

4

In paragraph (9) after “Lord Chancellor” insert “ , after consultation with the Lord Chief Justice, ”.

5

After paragraph (9) insert—

9A

The Lord Chief Justice may nominate any of the following to exercise his functions under this Article—

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).

111

1

Article 39 (appeals) is amended as follows.

2

In paragraph (4) after “Lord Chancellor” in each place insert “ , after consultation with the Lord Chief Justice, ”.

3

In paragraph (11) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

4

After paragraph (11) insert—

11A

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (4) or (11)—

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).