Commentary on Sections Schedule 29 – Minor and consequential amendments: Northern Ireland Paragraphs 36 to 38 – County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3))
1101.Paragraph 36 inserts a new Article 10(3A) into the County Courts (Northern Ireland) Order 1980 to provide that, in relation to the general civil jurisdiction of county courts, a county court which is not a civil partnership proceedings county court shall not have jurisdiction to hear civil partnership causes except as otherwise provided in the Civil Partnership Act 2004.
1102.Article 14 of the 1980 Order sets out a county court’s jurisdiction in relation to equitable matters, including applications under section 17 of the Married Women’s Property Act 1882. Paragraph 37 amends Article 14 to extend this jurisdiction to applications made under provisions in the Civil Partnership Act 2004 corresponding to section 17 of the 1882 Act.
1103.Article 39 of the 1980 Order makes provision in relation to the capacity of parties to institute and continue proceedings. Paragraph 38 amends Article 39 of the 1980 Order to provide that proceedings shall not abate by reason of the registration of a civil partnership by any party where the cause of action survives or continues.