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Section 66(5).
1. In Article 19A(1)(a) (re-registration after declaration of parentage) after “Article” there shall be inserted “31B(7) or”.
2. In Article 88 (nature of domestic proceedings) after paragraph (dg) there shall be inserted—
“(dh) under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;”.
3. In Article 40(1) (meaning of “the court” and appeals from county courts) after sub-paragraph (a) there shall be inserted—
“(aa) in Article 31B means the High Court, the county court or a court of summary jurisdiction,”.
4. In Article 27(2) (disputes about parentage), in Case C (where there has been a declaration under Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989), after “Article” there shall be inserted “31B or”.
5. In Article 27A(2)(b) (recovery of fees for scientific tests), for “Article 28” there shall be substituted “Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989”.
6. For Article 28 (reference to court for declaration of parentage) there shall be substituted—
28.—(1) This Article applies where—
(a) an application for a maintenance calculation has been made (or is treated as having been made), or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made or treated as made;
(b) the Department is not satisfied that the case falls within one of those set out in Article 27(2); and
(c) the Department or the person with care makes an application for a declaration under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 as to whether or not the alleged parent is one of the child’s parents.
(2) Where this Article applies—
(a) if it is the person with care who makes the application, that person shall be treated as having a sufficient personal interest for the purposes of paragraph (3) of that Article; and
(b) if it is the Department which makes the application, that paragraph shall not apply.”.
7.—(1) Schedule 7 (jurisdiction) shall be amended as follows.
(2) In paragraph 1(3) (additional proceedings which may be required to be commenced in a particular court)—
(a) for head (a) there shall be substituted—
“(a) under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (declarations of parentage); or”; and
(b) in head (b), for “of that Order” there shall be substituted “of the Child Support (Northern Ireland) Order 1991”.
(3) In paragraph 2(3) (power to transfer certain proceedings), after head (a) there shall be inserted—
“(aa) any proceedings under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989.”.
Section 67.
| Short Title | Extent of repeal |
|---|---|
| The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c. 24). | In section 1(1), paragraph (aab). |
| The Army Act 1955 (c. 18). | In section 150AA, in subsection (2), paragraph (b) and the word “or” preceding it, and in subsection (3), the words “or cancels” and “or (as the case may be) that it has been cancelled”. |
| The Air Force Act 1955 (c. 19). | In section 150AA, in subsection (2), paragraph (b) and the word “or” preceding it, and in subsection (3), the words “or cancels” and “or (as the case may be) that it has been cancelled”. |
| The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15). | In Article 31, in paragraph (7), the words “or is cancelled” and “or was cancelled”, and in paragraph (8), sub-paragraph (b) and the word “and” preceding it. |
| The Domestic Proceedings (Northern Ireland) Order 1980 (NI 5). | In Article 7, in paragraph (9), the words “or is cancelled” and “or was cancelled”, and in paragraph (10), sub-paragraph (b). |
| The Income and Corporation Taxes Act 1988 (c. 1). | In section 347B(11), the words “a maintenance assessment made under”. Section 617(2)(ae). |
| The Child Support (Northern Ireland) Order 1991 (NI 23). | In Article 2, the definitions of “assessable income”, “current assessment”, “departure direction” and “maintenance requirement”. In Article 17(10), the definition of “specified” and the preceding word “and”. In Article 19(1), the word “and” after sub- paragraph (b). In Article 28D(2)(a), the words “lapsed or” and the word “or” at the end of sub-paragraph (a). Articles 28H and 28I. Article 37(1) and (2). Article 38(3) to (5). Article 41(3). Article 43B(3). In Schedule 1, paragraph 13, and in paragraph 16, sub-paragraph (1)(d) and (e), sub-paragraphs (2) to (10), and in sub-paragraph (11), the words “, or should be cancelled”. Schedule 4C. |
| The Social Security Administration Act 1992 (c. 5) | In section 170(5), in the definition of “the relevant Northern Ireland enactments”, paragraph (ab). |
| The Social Security Administration (Northern Ireland) Act 1992 (c. 8). | In section 149(5), in the definition of “the relevant enactments”, paragraph (ab). |
| The Child Support Act 1995 (c. 34). | In Schedule 3, paragraph 20(b). |
| The Children (Northern Ireland) Order 1995 (NI 2). | In Schedule 1, in paragraph 4(10), the words “or is cancelled” and “or was cancelled”, and in paragraph 4(11), head (b) and the word “and” preceding it. |
| The Child Support (Northern Ireland) Order 1995 (NI 13). | Article 3(2) and (3). Article 4. Article 12(2) and (4). Article 13. Article 17. Article 19(2)(c). Schedules 1 and 2. In Schedule 3, paragraphs 10, 13 and 16. |
| The Jobseekers (Northern Ireland) Order 1995 (NI 15). | In Schedule 2, paragraph 4(3), (5) and (7). |
| The Social Security (Northern Ireland) Order 1998 (NI 10). | Article 42. In Schedule 6, paragraphs 8, 11, 12, 15, 19 and 20, in paragraph 21, the words “(1)(b) and” and paragraphs 22 to 25, 28, 31, 32(1), (2) and (3), 36 and 37. |
| The Social Security (1998 Order) (Commencement No. 2) Order (Northern Ireland) 1998 (SR No. 395 (C. 19)). | Article 3(3). |
| The Tax Credits Act 1999 (c. 10). | In Schedule 1, paragraph 6(l). In Schedule 2, paragraph 17(b). |
| The Child Support, Pensions and Social Security Act 2000 (c. 19). | In Schedule 3, paragraph 8(3). |
Child Support, Pensions and Social Security Act (Northern Ireland)