Commentary on Sections Schedule 29 – Minor and consequential amendments: Northern Ireland Paragraphs 41 to 52 – Judgements Enforcement (Northern Ireland) Order 1981 (S.I. 1981/ 226 (N.I. 6))
1105.Articles 4,6 & 7 of the Judgements Enforcement (Northern Ireland) Order 1981 set out the various orders and judgements to which the 1981 Order does and does not apply. Paragraphs 41 to 43 amend these articles so that the 1981 Order also applies to orders made under provisions of the Civil Partnership Act 2004.
1106.Articles 25, 32, 33, 36, 38 & 44 of the 1981 Order make provision in relation to the seizure of property for the purposes of enforcing judgements. By virtue of these articles a debtor’s spouse is to be treated in the same manner as the debtor. Paragraphs 44 to 49 amend these articles to provide that a debtor’s civil partner is treated in the same way as a debtor’s spouse for the purposes if the 1981 Order.
1107.Articles 96A, 98 & 107 of the 1981 Order set out the powers of the High Court and divorce county courts in relation to periodical maintenance orders. Paragraphs 50 to 52 of this Schedule amend these articles to ensure that the High Court and civil partnership proceedings county courts have the same powers in relation to such maintenance orders made under provisions in the Civil Partnership Act 2004.