Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
86

(e)
a declaration that the validity of a dissolution, annulment or legal
separation so obtained in respect of the civil partnership is not entitled
to recognition in Northern Ireland.
(2)
Where an application under subsection (1) is made to the court by a person
other than a civil partner in the civil partnership to which the application
5
relates, the court must refuse to hear the application if it considers that the
applicant does not have a sufficient interest in the determination of that
application.
177
General provisions as to making and effect of declarations
(1)
Where on an application for a declaration under section 176 the truth of the
10
proposition to be declared is proved to the satisfaction of the court, the court
must make the declaration unless to do so would be manifestly contrary to
public policy.
(2)
Any declaration under section 176 binds Her Majesty and all other persons.
(3)
The court, on the dismissal of an application for a declaration under section
15
176, may not make any declaration for which an application has not been
made.
(4)
No declaration which may be applied for under section 176 may be made
otherwise than under section 176 by any court.
(5)
No declaration may be made by any court, whether under section 176 or
20
otherwise, that a civil partnership was at its inception void.
(6)
Nothing in this section affects the powers of any court to annul a civil
partnership.
178
The Attorney General and proceedings for declarations
(1)
On an application for a declaration under section 176 the court may at any
25
stage of the proceedings, of its own motion or on the application of any party
to the proceedings, direct that all necessary papers in the matter be sent to the
Attorney General.
(2)
The Attorney General, whether or not he is sent papers in relation to an
application for a declaration under section 176, may—
30
(a)
intervene in the proceedings on that application in such manner as he
thinks necessary or expedient, and
(b)
argue before the court any question in relation to the application which
the court considers it necessary to have fully argued.
(3)
Where any costs are incurred by the Attorney General in connection with any
35
application for a declaration under section 176, the court may make such order
as it considers just as to the payment of those costs by parties to the
proceedings.
179
Supplementary provisions as to declarations
(1)
Any declaration made under section 176, and any application for such a
40
declaration, must be in the form prescribed by family proceedings rules.
(2)
Family proceedings rules may make provision—

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
87

(a)
as to the information required to be given by any applicant for a
declaration under section 176;
(b)
requiring notice of an application under section 176 to be served on the
Attorney General and on persons who may be affected by any
declaration applied for.
5
(3)
No proceedings under section 176 affects any final judgment or order already
pronounced or made by any court of competent jurisdiction.
(4)
The court hearing an application under section 176 may direct that the whole
or any part of the proceedings must be heard in private.
(5)
An application for a direction under subsection (4) must be heard in private
10
unless the court otherwise directs.
(6)
Family proceedings rules must make provision for an appeal to the Court of
Appeal from any declaration made by a county court under section 176 or from
the dismissal of an application under that section, upon a point of law, a
question of fact or the admission or rejection of any evidence.
15
(7)
Subsection (6) does not affect Article 61 of the County Courts (Northern
Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (cases stated).
(8)
In this section “family proceedings rules” means family proceedings rules
made under Article 12 of the Family Law (Northern Ireland) Order 1993
(S.I. 1993/1576 (N.I. 6)).
20
General provisions
180
Relief for respondent in dissolution proceedings
(1)
If in any proceedings for a dissolution or separation order the respondent
alleges and proves any such fact as is mentioned in section 164(5)(a), (b), (c) or
(d) the court may give to the respondent the relief to which he would have been
25
entitled if he had made an application seeking that relief.
(2)
When applying subsection (1), treat—
(a)
the respondent as the applicant, and
(b)
the applicant as the respondent,
for the purposes of section 164(5).
30
181
Restrictions on making orders affecting children
(1)
In any proceedings for a dissolution, nullity or separation order, the court must
consider—
(a)
whether there are any children of the family to whom this section
applies, and
35
(b)
if there are any such children, whether (in the light of the arrangements
which have been, or are proposed to be, made for their upbringing and
welfare) it should exercise any of its powers under the Children
(Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) with respect to
any of them.
40
(2)
If, in any case to which this section applies, it appears to the court that—

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
88

(a)
the circumstances of the case require it, or are likely to require it, to
exercise any of its powers under the 1995 Order with respect to any
such child,
(b)
it is not in a position to exercise the power or (as the case may be) those
powers without giving further consideration to the case, and
5
(c)
there are exceptional circumstances which make it desirable in the
interests of the child that the court should give a direction under this
section,

it may direct that the order is not to be made final, or (in the case of a separation
order) is not to be made, until the court orders otherwise.
10
(3)
This section applies to—
(a)
any child of the family who has not reached 16 at the date when the
court considers the case in accordance with the requirements of this
section, and
(b)
any child of the family who has reached 16 at that date and in relation
15
to whom the court directs that this section shall apply.
182
Parties to proceedings under this Chapter
(1)
Rules of court may make provision with respect to—
(a)
the joinder as parties to proceedings under sections 157 to 174 of
persons involved in allegations of improper conduct made in those
20
proceedings,
(b)
the dismissal from such proceedings of any parties so joined, and
(c)
the persons who are to be parties to proceedings on an application
under section 176.
(2)
Rules of court made under this section may make different provision for
25
different cases.
(3)
In every case in which the court considers, in the interest of a person not
already a party to the proceedings, that the person should be made a party, the
court may if it thinks fit allow the person to intervene upon such terms, if any,
as the court thinks just.
30
The court
183
The court
(1)
In this Chapter “the court” means—
(a)
the High Court, or
(b)
where an order made by the Lord Chancellor is in force designating a
35
county court sitting for any division as a civil partnership proceedings
county court, a county court sitting for that division.
(2)
Subsection (1) is subject to the following provisions of this section.
(3)
Subsection (1) does not apply where the context shows that “the court” means
some particular court.
40
(4)
The Lord Chancellor may make an order such as is mentioned in subsection
(1)(b).

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
89

(5)
In this Part “civil partnership proceedings county court” means, where an
order made by the Lord Chancellor under subsection (4) is in force designating
a county court sitting for any division as a civil partnership proceedings county
court, a county court sitting for that division.
(6)
Except to the extent that rules of court otherwise provide, the jurisdiction
5
conferred by virtue of this section and section 185 on a civil partnership
proceedings county court is exercisable throughout Northern Ireland, but rules
of court may provide for a civil partnership cause (within the meaning of
section 185) pending in one such court to be heard and determined—
(a)
partly in that court and partly in another, or
10
(b)
in another.
(7)
Any jurisdiction conferred on a civil partnership proceedings county court is
exercisable even though by reason of any amount claimed the jurisdiction
would not but for this subsection be exercisable by a county court.
(8)
The jurisdiction of a civil partnership proceedings county court to exercise any
15
power under Schedule 16 (except a power under Part 7 of or paragraph 54 of
that Schedule or a power under paragraph 49, 50 or 58 of that Schedule which
is exercisable by county courts generally) shall, except to the extent that rules
of court otherwise permit and, in particular, without prejudice to section 185(4)
and (6), be exercisable only in connection with an application or order pending
20
in or made by such a court.
(9)
The power to make an order under subsection (4) is exercisable by statutory
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.
1979/1573 (N.I. 12)).
184
Appeals
25
(1)
Rules of court shall make provision for an appeal upon a point of law, a
question of fact or the admission or rejection of any evidence to the Court of
Appeal from—
(a)
any order made by a judge of a civil partnership proceedings county
court in the exercise of the jurisdiction conferred by a relevant
30
provision, or
(b)
the dismissal by a judge of a civil partnership proceedings county court
of any application under a relevant provision.
(2)
“Relevant provision” means any provision of—
(a)
this Chapter or Schedule 16 (except paragraphs 48 to 50 and 58);
35
(b)
the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
(3)
A person dissatisfied with—
(a)
an order made by any county court in exercise of the jurisdiction
conferred by paragraph 49, 50 or 58 of Schedule 16, or
(b)
with the dismissal of any application made by him under any of those
40
paragraphs,

is entitled to appeal from the order or dismissal as if the order or dismissal had
been made in exercise of the jurisdiction conferred by Part 3 of the County
Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) and the appeal
brought under Part 6 of that Order and Articles 61 (cases stated by county court
45
judge) and 62 (cases stated by High Court on appeal from county court) of that
Order apply accordingly.