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54.(1) There shall be a committee known as the Northern Ireland Matrimonial
Causes Rules Committee ("the Committee") which may, with the concurrence of
the Lord Chancellor, make rules of court for the purposes of
(a)this Order, except
(i)Articles 35, 38 and 40 (jurisdiction exercisable by any county court,
whether or not it is a divorce county court);
(ii)Article 37 so far as it applies to a court of summary jurisdiction;
<(iii)Article 50 so far as it applies to matrimonial relief in the form of an order made by a court of summary jurisdiction under Article 37 or under [the Domestic Proceedings (Northern Ireland) Order 1980] and
<(iv)Articles 55 and 56 and Schedule 4; and
(b)any statutory provision passed or made after this Order which relates to
any matter dealt with in this Order (except as aforesaid) [or the said Article
6 and Schedule 2].
(2) Schedule 2 shall have effect with respect to the Committee.
(3) Without prejudice to the generality of paragraph (1), rules of court made
under this Article
(a)may, for the purposes mentioned in paragraph (1), make, in relation to both
the High Court and divorce county courts, any provision of a kind which could
be made by rules of court as defined by section 21(4) of the Interpretation
Act (Northern Ireland) 1954 and, in relation to divorce county courts, any
provision of a kind which could be made by county court rules (and accordingly
in any statutory provision empowering the making of rules of court as so
defined, any reference to the Supreme Court or the High Court shall, for the
purposes of this Article, include a reference to a divorce county court);
(b)without prejudice to sub-paragraph (a), may provide that a decree
pronounced by an officer of a class designated by the rules shall have the
same effect as a decree pronounced by a county court judge;
(c)may apply, with or without modifications, any rules of court (as so
defined) and any county court rules;
(d)may modify or exclude the application of any such rules or of any provision
of the County Courts [(Northern Ireland) Order 1980];
(e)without prejudice to sub-paragraph (a), may make with respect to
proceedings in a divorce county court any provision regarding the Official
Solicitor or any solicitor of the Supreme Court which could be made by rules
of court with respect to proceedings in the High Court;
(f)may provide for the enforcement of orders made in a divorce county court as
if they were orders of the High Court, and for that purpose apply any
statutory provision, with or without modification;
(g)may provide that the sums payable under [Article 13(1) of the Legal Aid,
Advice and Assistance (Northern Ireland) Order 1981] to a solicitor or counsel
acting in a matrimonial cause within the meaning of Article 48 which is
treated for the purposes of that Article as undefended shall, at his election,
be either
(i)such fixed amount specified in the rules as may be applicable under the
rules; or
(ii)an amount ascertained on taxation or assessment of costs as provided by
[Schedule 2 to that Order];
(g)and may provide for modifying that Schedule in relation to any proceedings
which for the purposes of Article 48 are at any stage treated as pending in a
divorce county court.
(4) Rules of court made under this Article shall be subject to annulment in
pursuance of a resolution of either House of Parliament in like manner as a
statutory instrument and section 5 of the Statutory Instruments Act 1946 shall
apply accordingly.
© 1978 Crown Copyright
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