S.I. No. 414/2011 - District Court (Civil Partnership and Cohabitation) Rules 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th August, 2011.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005 , do hereby, with the concurrence of the Minister for Justice and Equality, hereby make the following rules of court.

Dated this 4th day of April 2011.

Miriam Malone Chairperson

Mary C Devins

Thomas E O’Donnell

Brian Sheridan

David Riordan

Roy Pearson

Noel A Doherty

I concur in the making of the following rules of court.

Dated this 3rd day of August 2011.

ALAN SHATTER,Minister for Justice and Equality.

S.I. No. 414 of 2011

DISTRICT COURT (CIVIL PARTNERSHIP AND COHABITATION) RULES 2011

1. (1) These Rules, which may be cited as the District Court (Civil Partnership and Cohabitation) Rules 2011, shall come into operation on the 31st day of August 2011.

(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2011.

2. The District Court Rules 1997 are amended by the insertion immediately following Order 54 of the Order set out in Schedule 1.

3. The Forms numbered 54A.1 to 54A.5 inclusive in Schedule 2 shall be added to the Forms in Schedule C to the District Court Rules 1997, immediately following Form 54.29.

SCHEDULE 1

“Order 54A

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

1. In this Order—

Definitions

“the Act” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010).

Venue

2. (1) Proceedings under the Act may be brought, heard and determined at any sitting of the Court for the court area where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.

(2) Where the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situate, certifies on a summons or a notice of application that the proceedings are urgent, the summons or notice may be issued for, and the proceedings may be heard and determined at, any sitting of the Court in that district.

Hearing to be otherwise than in public

3. Proceedings under the Act shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8 rule 2) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Civil partnership or cohabitation proceedings

Necessary modifications to forms used in civil partnership or cohabitation proceedings

4. Where provided in this Order [or where otherwise appropriate], a Form prescribed for use in proceedings under the Family Law (Maintenance of Spouses and Children) Act 1976 or, as the case may be, the Family Home Protection Act 1976 , is prescribed for use in proceedings under the Act with the necessary modifications, such modifications shall include that:

(a) there shall be substituted for the reference to a provision of the Family Law (Maintenance of Spouses and Children) Act 1976 or, as the case may be, the Family Home Protection Act 1976 and the reference to that Act references respectively to the corresponding provision of the Act and to the Act, and

(b) there shall be substituted for references to a spouse reference to a civil partner or, as the case may be, a qualified cohabitant.

Applications for maintenance and related orders

5. (1) An application:

(a) by a civil partner for a maintenance order under section 45(1) of the Act, or

(b) by a qualified cohabitant for an order under section 175 of the Act,

shall be preceded by the issue and service upon the respondent of a summons in the Form 54.1, Schedule C with the necessary modifications.

(2) An application by a qualified cohabitant for an order under section 194 of the Act shall be preceded by the issue and service upon the legal personal representative of the cohabitant of a summons in the Form 54A.1, Schedule C.

(3) The order of the Court granting an application mentioned in sub-rule (1) shall be in the Form 54.5, Schedule C with the necessary modifications. The order of the Court granting an application mentioned in sub-rule (2) shall be in the Form 54A.2, Schedule C.

Application to discharge maintenance

6. An application by a maintenance debtor for the discharge of a maintenance order after one year from the time it is made under section 46(1) of the Act shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.9 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 54.10 Schedule C with the necessary modifications.

Application to discharge or vary order

7. An application at any time by either party to the proceedings to discharge or vary a maintenance order under section 46(2) of the Act or, as the case may be, under section 173(6) of the Act, shall be preceded by the issue and service upon the other party of a summons in the Form 54.11 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 54.12 Schedule C with the necessary modifications.

Interim order

8. An interim order made by the Court under section 47 of the Act shall be in the Form 54.13 Schedule C with the necessary modifications.

Clerk to send copy of order.

9. (1) Where the Court makes an order under section 45, section 46, section 47, section 175 or section 173(6)(so far as it relates to an antecedent order made under section 175) of the Act, the Clerk shall give to, or send by registered prepaid post to the maintenance debtor or to the respondent party (as the case may be) a copy of the order so made.

(2) A copy of an order mentioned in sub-rule (1) given or sent to a maintenance debtor shall, where maintenance payments continue to be due by the maintenance debtor, have endorsed on it, or be accompanied by a notice containing the following statement:

“The within order is made by the District Court. If you the maintenance debtor fail to make a payment due under this order, a further summons may be issued against you to attend before the District Court, or a warrant issued for you to be arrested and brought before the District Court which may lead to your being imprisoned for a period of up to three months. The District Court can vary the terms of this order. If you are concerned that you may not be able to comply with the terms of this order and would like to apply for a variation, you should consult a solicitor or contact the District Court Clerk at............”;

Application for direction that payments be made to Clerk

10. An application by a maintenance creditor under section 50(1)(b) of the Act for a direction that payments under a maintenance order, a variation order or an interim order be made to the Clerk shall be ex parte. Notice of such application in the Form 54.16 Schedule C with the necessary modifications, signed by the maintenance creditor or by his or her solicitor, shall be lodged with the Clerk at least 48 hours prior to the date of the intended application. The order of the Court granting the application shall be in the Form 54.17 Schedule C with the necessary modifications.

Payments to the Clerk

11. (1) Where the Court makes a maintenance order, variation order or interim order pursuant to section 45, section 46, section 47, section 175 or section 173(6)(so far as it relates to an antecedent order made under section 175) of the Act and directs that payments under such order shall be made to the Clerk, such Clerk shall send a notice in the Form 54.18 Schedule C with the necessary modifications by prepaid ordinary post to the maintenance debtor indicating the place at which and the days and hours during which payments under the order should be made.

(2) The Clerk shall give a receipt to the maintenance debtor for each payment made by him or her and shall transmit such payment to the maintenance creditor or, if authorised in writing by the maintenance creditor so to do, the Clerk may transmit the payment to the competent authority.

Application to discharge direction

12. An application under section 50(3) of the Act by a maintenance debtor to have a direction under section 50(1) of the Act discharged shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.19 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 54.20 Schedule C with the necessary modifications.

Recovery of arrears by Clerk

13. (1) Where payments to the Clerk under a maintenance order, a variation order or an interim order pursuant to section 45, section 46, section 47, section 175 or section 173(6)(so far as it relates to an antecedent order made under section 175) of the Act are in arrears, and such Clerk receives a request in writing in the Form 54.21 Schedule C with the necessary modifications from the maintenance creditor to take such steps as he or she considers reasonable to recover such arrears, such Clerk may make application under section 53 or, as the case may be, section 176, of the Act (in accordance with the provisions of rule 14) for an attachment of earnings order or under section 8 of the Enforcement of Court Orders Act 1940 (in accordance with the provisions of Order 57)

(2) Where payments referred to in sub-rule (1) are in arrears and the Clerk has received no request to recover the arrears, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.

Attachment of earnings order

14. (1) An application for an attachment of earnings order under section 53 or, as the case may be, section 176 of the Act shall be preceded by the issue and service upon the maintenance debtor of a summons in the Form 56.1 Schedule C with the necessary modifications. Where the Court grants the application or, where the Court, having made an antecedent order, makes, in accordance with section 53(3) or, as the case may be, section 176(3) of the Act, an attachment of earnings order in the same proceedings in order to secure payments under the antecedent order, the order of the Court shall be in accordance with the Form 56.3 or 56.4 Schedule C, as the case may be, with the necessary modifications.

(2) An application to the Court to order a statement of earnings under section 56(1)(b) or, as the case may be, section 179(1)(b) of the Act may be made without notice on any occasion on which the proceedings are before the Court. A statement as to earnings given by the maintenance debtor for the purposes of section 56(1)(a) or, as the case may be, section 179(1)(a) of the Act in the form appended to Form 56.1 Schedule C with the necessary modifications shall be verified on affidavit or on oath at the hearing of the application. A statement as to earnings for the purposes of section 56(1)(b) or, as the case may be, section 179(1)(b) of the Act shall be in the form appended to Form 56.5 Schedule C with the necessary modifications.

(3) Where an attachment of earnings order is made under section 53 or, as the case may be, section 176 of the Act, the Clerk, parties and employer shall proceed as nearly as may be in accordance with the provisions of rules 4 to 14 inclusive of Order 56.

Rules to apply to orders for maintenance pending suit etc

15. Where the Clerk receives a copy of an order for maintenance pending suit, of a periodical payments order or of a secured periodical payments order made under the Act from the Registrar of the Court which made that order, and payments under the order are directed to be made to the District Court Clerk (as provided for in section 50, or section 50 as applied by section 134 of the Act), such Clerk shall register particulars of the order and shall proceed in relation thereto as if it were a maintenance order made at a sitting of the District Court for the district court area to which that Clerk is assigned.

Orders to secure payments

16. Where the Court has made an order providing for periodical payments by way of support or maintenance by a maintenance debtor to a maintenance creditor, an application may be made to the Court on a date subsequent to the date on which such order is made pursuant to the provisions of section 52 of the Act or, as the case may be, section 175(1)(b) of the Act, by any person having an interest in the proceedings to secure the said payments to the maintenance creditor. Such application shall be preceded by the issue and service of a notice in the Form 54.22 Schedule C with the necessary modifications. The order of the Court granting such application shall be in the Form 54.23 Schedule C with the necessary modifications.

Lump sum orders

17. Where, under the powers conferred by section 51 of the Act or, as the case may be, section 175(1)(c) of the Act, an order is made in the District Court providing for the making of a lump sum payment or lump sum payments the order of the Court shall be in the Form 54.24 Schedule C with the necessary modifications.

Shared Home Protection

Application under section 34(1) of the Act

18. An application by a civil partner under section 34(1) of the Act for an order prohibiting the other civil partner from disposing of or removing household chattels shall be preceded by the issue and service upon the respondent civil partner of a notice in the Form 60.1 Schedule C, with the necessary modifications. The order of the Court granting the application shall be in the Form 60.2 Schedule C with the necessary modifications, a copy of which shall be served upon the respondent civil partner.

Summons under section 34(3) of the Act

19. Where complaint is made by a civil partner to a Judge under section 34(3) of the Act that the other civil partner has contravened the provisions of section 34(2) of the Act, the summons which may be issued and served upon the other civil partner shall be in the Form 60.5 Schedule C with the necessary modifications. The relevant provisions of Order 15 shall apply in such case.

Application under section 34(4) of the Act

20. An application by a civil partner under section 34(4) of the Act for an order that the respondent civil partner provide household chattels for the applicant civil partner or a sum of money in lieu thereof shall be preceded by the issue and service upon the respondent civil partner of a notice in the Form 60.6 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 60.7 Schedule C with the necessary modifications, a copy of which shall be served upon the respondent civil partner.

Summons under section 39 of the Act

21. Where complaint is made to a Judge under section 39 of the Act that a person knowingly gave information which was false or misleading in any material particular, the summons which may be issued and served upon that person shall be in the Form 60.8 Schedule C with the necessary modifications. The relevant provisions of Order 15 shall apply in such case.

Joinder of parties

22. The provisions of Order 42 (Third Party Procedure) shall, with necessary modifications, apply to the proceedings mentioned in section 34(5) of the Act.

Declaring a conveyance void

23. (1) An application to the Court under section 28(1) of the Act to have a conveyance declared void shall be in the Form 60.9, Schedule C with the necessary modifications.

(2) The order of the Court thereon shall be in the Form 60.10, Schedule C with the necessary modifications.

Lis Pendens

(3) A person who instituted proceedings to have a conveyance declared void by reason of section 28(1) of the Act shall, as soon as may be, cause relevant particulars of the proceedings to be entered as a lis pendens under and in accordance with the Land and Conveyancing Law Reform Act 2009 .

Order dispensing with consent or giving consent

24. (1) An application for an order under section 29(1), section 29(3) or section 29(4) of the Act to dispense with, or as the case may be, to give, the consent required under section 28 of that Act, of a civil partner to the conveyance of the shared home shall be in the Form 54A.3, Schedule C.

(2) Where it is alleged that the civil partner whose consent is required under section 28 of the Act is incapable of consenting, the original certificate in writing by a consultant psychiatrist, within the meaning of the Mental Health Act 2001 , shall be annexed to the notice of application lodged with the Clerk. The Court may accept affidavit evidence of the certification, subject to the right of any party contesting the certification to cross-examine.

(3) The order of the Court on such an application shall be in the Form 54A.4, Schedule C.

(4) On granting an application under section 29 of the Act to dispense with or, as the case may be, to give, the consent required under section 28 of that Act, the Court may order pursuant to section 33 of the Trustee Act 1893 that a person be appointed to execute the conveyance of the interest in question and the order of the Court thereon shall be in the Form 60.13, Schedule C with the necessary modifications.

Protection of Shared Home

25. (1) An application to the Court for an order under section 30(1) of the Act for the protection of the shared home in the interest of the applicant civil partner shall be in the Form 60.16, Schedule C with the necessary modifications.

(2) The order of the Court thereon shall be in the Form 60.17, Schedule C with the necessary modifications.

Conduct leading to loss of Shared Home

26. (1) An application to the Court for an order under section 30(2) of the Act to compensate the applicant civil partner for loss of interest in the shared home occasioned by the conduct of the other civil partner shall be in the Form 60.18, Schedule C with the necessary modifications.

(2) The order of the Court thereon shall be in the Form 60.19, Schedule C with the necessary modifications.

General

Service and lodgment of documents

27. (1) A notice or summons required by this Order to be served may be served in accordance with the provisions of Order 10 and every such notice shall be served at least fourteen days or, in the case of proceedings certified as urgent under rule 2(2), at least two days before the date of the sitting of the Court to which it is returnable.

(2) Save where service has been effected by the Clerk, the original of every such notice or summons served shall, together with a statutory declaration as to service thereof, be lodged with the Clerk at least two days before the date of the said sitting.

Stay on certain orders the subject of appeal

28. (1) Notwithstanding the provisions of Order 25, rule 9(4) and Order 101, and that an appellant has entered into a recognisance of appeal, an appeal from an order under section 45 of the Act shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order.

(2) An application to the District Court to stay the operation of an order such as is mentioned in sub-rule (1), may be made following the service and lodgment of a notice of appeal and lodgment of the recognisance for appeal and when made otherwise than upon the occasion of the making of those orders shall be preceded by the issue of a notice in the Form 54.28 with the necessary modifications which shall be served upon the respondent to the application two days before the hearing of the application. The order of the Court granting the stay shall be in the Form 54.29 with the necessary modifications.”

SCHEDULE 2No. 54A.1

SCHEDULE CO.54A, r.5(2)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Section 194

Summons

District Court Area of District No.

..............Applicant

..............(as *legal personal representative *spouse *civil partner of .............., deceased) Respondent

WHEREAS AN APPLICATION has been made by the above-named applicant, *(residing) *(carrying on profession, business or occupation) at................................... *(in court area and district aforesaid), the qualified cohabitant (within the meaning of section 172(5) of the above-mentioned Act of 2010) of ................................ late of ................................*(in court area and district aforesaid) who died on the...............day of ................................20 and representation to whose estate was granted to the above-named respondent on the ............ day of ................................20 for the issue of a summons seeking an order under section 194 of the above-mentioned Act for provision out of the net estate (within the meaning of section 194(11) of said Act) of the said deceased

AND WHEREAS neither the High Court nor the Circuit Court (otherwise than on appeal from the District Court) has made an order in relation to the matter

*AND WHEREAS the relationship between the applicant and the said deceased ended 2 years or more before the death of the deceased, but the applicant—

*was in receipt of periodical payments from the deceased *under an order made under section 175 of the said Act * pursuant to a cohabitants’ agreement *[or specify any other basis on which the applicant was in receipt of such periodical payments]

*had, not later than 2 years after that relationship ended, made an application for an order under *section 174 *section 175 *section 187 of the said Act and—

*the proceedings were pending at the time of the deceased’s death

*the order made by the court had not yet been executed at the time of the deceased’s death

*had, not later than 2 years after the relationship ended, made an application for an order under *section 174 *section 175 *section 187 of the said Act, the order was made, an application under section 173(6) was subsequently made in respect of that order and—

*the proceedings in respect of that application were pending at the time of the death, or

*the order made by the court under section 173(6) in favour of the applicant had not yet been executed.

THIS IS TO COMMAND YOU the respondent to appear at the sitting of the District Court for court area and district aforesaid to be held at......................... on the...... day of............. 20. at........ a.m./p.m. on the hearing of the said application for provision out of the net estate of the said deceased.

Dated this....... day of.............. 20.....

Signed......................................................

District Court Clerk

To ................................

of ................................

the above-named respondent

*Delete words inapplicable.

No. 54A.2

SCHEDULE CO.54A, r.5(3)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Section 194

Order

District Court Area of District No.

..............Applicant

..............(as *legal personal representative *spouse *civil partner of .............., deceased) Respondent

UPON HEARING AN APPLICATION made to this Court today by the above-named applicant *(residing) (carrying on a profession, business or occupation) at ......................................................*(in court area and district aforesaid) for an order under section 194 of the above-mentioned Act for provision out of the net estate of the above-mentioned deceased late of ................................................................*(in court area and district aforesaid), being the qualified cohabitant of the said applicant

AND THE COURT BEING SATISFIED that the summons herein dated the .......day of ................................20.., was duly served upon the respondent,

AND THE COURT BEING SATISFIED that neither the High Court nor the Circuit Court (otherwise than on appeal from the District Court) has made an order in relation to the matter

*BEING SATISFIED that the relationship between the applicant and the said deceased ended 2 years or more before the death of the deceased, but the applicant—

*was in receipt of periodical payments from the deceased *under an order made under section 175 of the said Act * pursuant to a cohabitants’ agreement *[or specify any other basis on which the applicant was in receipt of such periodical payments]

*had, not later than 2 years after that relationship ended, made an application for an order under *section 174 *section 175 *section 187 of the said Act and—

*the proceedings were pending at the time of the deceased’s death

*the order made by the court had not yet been executed at the time of the deceased’s death

*had, not later than 2 years after the relationship ended, made an application for an order under *section 174 *section 175 *section 187 of the said Act, the order was made, an application under section 173(6) was subsequently made in respect of that order and—

*the proceedings in respect of that application were pending at the time of the death, or

*the order made by the court under section 173(6) in favour of the applicant had not yet been executed

AND THE COURT CONSIDERING that the provision for the applicant made in this order is appropriate, having regard to the rights of any other person having an interest in the matter, THE COURT BEING SATISFIED that proper provision in the circumstances was not made for the applicant during the lifetime of the deceased (for any reason other than conduct by the applicant that, in the opinion of the Court, it would in all the circumstances be unjust to disregard).

HAVING REGARD to all the circumstances of the case, including—

*an order made under *section 173(6) *section 174 *section 175 *section 187 of the Act in favour of the applicant,

*a devise *a bequest made by the deceased in favour of the applicant,

*the interests of the beneficiaries of the estate, and

the factors set out in section 173(3) of the said Act

*THE COURT BEING SATISFIED that whereas the relationship between the applicant and the deceased ended before the death of the deceased—

*the Court is satisfied that the applicant is financially dependent on the deceased within the meaning of section 173(2) of the said Act

*the applicant has not married or registered in a civil partnership, or in a legal relationship of a class that is the subject of an order under section 5 of the said Act

AND the total value for the applicant of the provision made by the order under *section 173(6) *section 174 *section 175 *section 187 of the Act on the date on which that order was made and this order not exceeding any share of the applicant in the estate of the deceased qualified cohabitant to which the applicant would have been entitled if the qualified cohabitants had been spouses or civil partners of each other

AND HAVING HEARD the evidence tendered and representation made by or on behalf of the applicant and the respondent *personal representative of the deceased, *spouse of the deceased * partner of the deceased and by or on behalf of such other persons that the Court directed,

*THE COURT HEREBY ORDERS

*That the estate of the said deceased pay to the applicant the weekly sum of €................................ (being a sum not exceeding €500) for the support of the said applicant,

*[Specify any other provision to be made for the applicant]

Dated this................................day of ................................ 20................................

Signed................................................................

Judge of the District Court

*delete words inapplicable

No. 54A.3

SCHEDULE CO.54A, r.24(1)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Section 29

Notice of Application to *Dispense with Consent †Give Consent of Civil Partner to Conveyance of Shared Home

District Court Area of District No.

..............Applicant

..............*Respondent

WHEREAS the applicant who resides at.............................. *(in the Court *(area and) district aforesaid) being the civil partner of *the Respondent of , proposes to convey an interest in the shared home situate at...................................................... in the Court *(area and) district aforesaid to a person other than the respondent civil partner

AND WHEREAS

*the Respondent has omitted or refused to consent

*the Respondent civil partner cannot be found after reasonable inquiries

†the Respondent civil partner is incapable of giving consent as certified by a consultant psychiatrist

the rateable valuation of the land to which the application relates does not exceed €25.00

*the value of household chattels intended to be included in the conveyance does not exceed €6,350

TAKE NOTICE that an application will be made at the sitting of the District Court to be held at.................................. on the........ day of..................... 20..... at..... a.m./p.m. for an order of the Court *to dispense with the consent †giving consent on behalf of the respondent civil partner.

Dated this......day of.................20....

Signed...............................................................

Applicant/Solicitor for Applicant

To District Court Clerk at

....................................................

*And to:................................

Of.........................................Respondent

*Delete where inapplicable

†Where the application is for the Court to give consent on behalf of the Respondent under section 29(4)

No. 54A.4

SCHEDULE CO.54A, r.24(3)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Section 29Order *Dispensing with Consent †Giving Consent of Civil Partner to Conveyance of Shared Home

District Court Area of District No.

..............Applicant

..............Respondent

UPON THE APPLICATION this day of the above-named applicant civil partner, who resides at................................................... and who proposes to convey an interest in the shared home at................................................... in the Court *(area and district) aforesaid to a person other than the respondent civil partner, for an order under section 29 of the above-mentioned Act

THE COURT

*BEING SATISFIED that notice of the application was duly served

*BEING SATISFIED THAT it is unreasonable for the respondent civil partner to withhold consent, taking into account all the circumstances, including—

the respective needs and resources of the civil partners

‡the suitability of the alternative accommodation offered to the respondent having regard to the respective degrees of security of tenure in the shared home and the alternative accommodation

*BEING SATISFIED THAT the respondent civil partner cannot be found after reasonable inquiries, and being of the opinion that it would be reasonable to dispense with the respondent’s consent

†BEING SATISFIED THAT a consultant psychiatrist, within the meaning of the Mental Health Act 2001 , has certified that the respondent civil partner is incapable of giving consent, and being of the opinion that it would be reasonable to give the respondent’s consent

AND IT APPEARING to the Court that the rateable valuation of the land to which the application relates does not exceed €25.00, *and that the value of household chattels intended to be included in the conveyance does not exceed €6,350, and

HAVING HEARD what was urged on behalf of the applicant *and the respondent

IT IS ORDERED that the consent of the respondent civil partner to the conveyance be and is hereby *dispensed with †given.

Dated this......day of.................20....

Signed...............................................................Judge of the District Court

*Delete where inapplicable.

†Where the application is for the Court to give consent on behalf of the Respondent under section 29(4)

‡In a case where the civil partner whose consent is required is offered alternative accommodation

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These rules insert a new Order 54A in the District Court Rules, to prescribe the procedure in respect of civil partnership law proceedings within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , and proceedings under Part 15 of that Act (“cohabitation proceedings”).