Commentary on Sections Schedule 29 – Minor and consequential amendments: Northern Ireland Paragraphs 24 to 26 – Judicature (Northern Ireland) Act 1978 (c.23)
1094.Section 31(7)(b) of the Judicature (Northern Ireland) Act 1978 provides that the High Court’s powers in relation to the remittal and removal of proceedings to a county court do not apply to applications under section 17 of the Married Women’s Property Act 1882. Paragraph 24 amends section 31(7)(b) so that the High Court’s powers of removal and remittal do not apply to applications made under provisions in the Civil Partnership Act 2004 corresponding to section 17 of the 1882 Act.
1095.Section 35(2)(e) of the 1978 Act provides that the Court of Appeal may not hear an appeal from specific orders or judgements made by the High Court in relation to a marriage. Paragraph 25 amends section 35(2) of the 1978 Act so that appeals may not lie to the Court of Appeal from particular orders or judgements made by the High Court in relation to a civil partnership.
1096.Section 94A of the 1978 Act makes provision in relation to proceedings where the privilege against incrimination of self or spouse is withdrawn. Paragraph 26 amends section 94A to ensure that a civil partner has the same rights as a spouse in relation to this privilege.