Made | 7th June 2005 | ||
Coming into operation in accordance with Article 1(2) to (4) |
1. | Title and commencement |
2. | Interpretation |
3. | Formalities for deeds executed by individuals |
4. | Execution of instruments by liquidator |
5. | Execution of instrument by donee of power of attorney |
6. | Delivery of deed by agent |
7. | Escrows |
8. | Abolition of rule in Pigot's Case |
9. | Abolition of rule in Bain v. Fothergill |
10. | Interpretation of Part III |
11. | Amendment of definition of "relative" |
12. | "Cohabitees" to include same-sex couples |
13. | Non-molestation orders |
14. | Ex parte orders |
15. | Offences |
16. | Abolition of presumption of advancement |
17. | Abolition of common law duty to maintain |
18. | Housekeeping allowance |
19. | Repeal of Colonial Solicitors Act 1900 |
20. | Repeal of the Trading Stamps Act (Northern Ireland) 1965 |
21. | Amendment of legislation to make provision for trading stamps |
22. | Amendment of the Census Act (Northern Ireland) 1969 |
23. | Amendment of the Damages Act 1996 |
24. | Repeals |
Schedule 1 | Consequential amendments |
Schedule 2 | Repeals |
(c) delivered as a deed by the individual executing it or by a person authorised to do so on his behalf.
(3) Where an instrument under seal that constitutes a deed is required for the purposes of any statutory provision passed or made before the coming into operation of this Article, this Article shall have effect as to signing, sealing and delivery of an instrument by an individual in place of any provision of that statutory provision as to signing, sealing and delivery.
(4) The statutory provisions mentioned in Schedule 1 (which in consequence of this Article require amendment) shall have effect with the amendments specified in that Schedule.
(5) In this Article "individual" does not include a corporation sole.
Execution of instruments by liquidator
4.
—(1) In Schedule 2 to the Insolvency (Northern Ireland) Order 1989 (NI 19)—
(2) In Article 46A of the Companies (Northern Ireland) Order 1986 (NI 6)—
Execution of instrument by donee of power of attorney
5.
—(1) Section 7 of the Powers of Attorney Act (Northern Ireland) 1971 (c. 33) (execution of instruments, etc. by donee of power of attorney) shall be amended as follows.
(2) For subsection (1) there shall be substituted—
(3) After subsection (1) there shall be inserted—
(4) In subsection (2), the words "and, in the case of a deed, by affixing his own seal" shall cease to have effect.
Delivery of deed by agent
6.
—(1) Any rule of law which requires authority by one person to another to deliver an instrument as a deed on his behalf to be given by deed is abolished.
(2) Where a solicitor, or an agent or employee of a solicitor, in the course of, or in connection with, a transaction involving the sale or other disposition of—
(4) Nothing in this Article applies in relation to instruments delivered as deeds before the coming into operation of this Article.
Escrows
7.
—(1) An instrument operating as an escrow may be revoked by the person delivering it at any time before it has effect.
(2) An instrument executed by a corporation is, and always has been, capable of operating as an escrow in the same circumstances and with the same consequences as an instrument executed by an individual.
Abolition of rule in Pigot's Case
8.
—(1) The rule of law known as the rule in Pigotís Case (which deals with the consequences of alterations in certain documents) is abolished.
(2) A material alteration to any document to which this paragraph applies does not, by itself, invalidate the document or render it voidable, or otherwise affect any obligation under the document.
(3) Paragraph (2) applies to the following documents—
(4) This Article applies to alterations made before or after the coming into operation of this Article, but does not apply to proceedings instituted before this Article comes into operation.
Abolition of rule in Bain v. Fothergill
9.
The rule of law known as the rule in Bain v. Fothergill (which restricts the damages recoverable for breaches of contract occasioned by defects in title to land) is abolished in relation to contracts made after the coming into operation of this Article.
(c) for "paragraph (a) or (b)" there shall be substituted "paragraph (a), (b) or (c)".
"Cohabitees" to include same-sex couples
12.
—(1) In Article 2(2) of the 1998 Order (interpretation)—
Non-molestation orders
13.
In Article 20 of the 1998 Order (non-molestation orders), after paragraph (6) there shall be inserted—
Ex parte orders
14.
In Article 23 of the 1998 Order (ex parte orders), in paragraph (3), for the words from "afford" to the end of that paragraph, there shall be substituted "specify a date for a full hearing.".
Offences
15.
—(1) In Article 25 of the 1998 Order (offences) after the words "any person who" there shall be inserted "without reasonable excuse".
(2) In that Article—
(2) In the Supply of Goods and Services Act 1982 (c. 29)—
(c) in section 18(1), the definitions of "redemption" and "trading stamps" shall cease to have effect.
Amendment of the Census Act (Northern Ireland) 1969
22.
For section 5 of the Census Act (Northern Ireland) 1969 (c. 8) (statistics between one census and another) there shall be substituted—
Amendment of the Damages Act 1996
23.
In section 2A of the Damages Act 1996 (c. 48), in subsection (6), after "section" there shall be inserted "and section 2".
Repeals
24.
The statutory provisions set out in Schedule 2 are hereby repealed to the extent specified in the second column of that Schedule.
A. K. Galloway
Clerk of the Privy Council
12.
In section 2(3) for "under the hands and seals of" substitute "executed as a deed by".
19.
In section 100(1) for "under seal" substitute "by deed".
30.
In paragraph 8 of the Schedule for "under seal" substitute "executed as a deed".
Short Title | Extent of repeal |
Colonial Solicitors Act 1900 (c. 14). | The whole Act. |
Trading Stamps Act (Northern Ireland) 1965 (c. 6). | The whole Act. |
Decimal Currency Act 1969 (c. 19). | In Schedule 2, paragraph 24. |
Powers of Attorney Act (Northern Ireland) 1971 (c. 33). |
In section 1, subsection (2). In section 7, in subsection (2), the words "and, in the case of a deed, by affixing his own seal". |
Supply of Goods (Implied Terms) Act 1973 (c. 13). | Section 16. |
Consumer Credit Act 1974 (c. 39). | In Part II of Schedule 4, paragraphs 43 to 45. |
Solicitors (Northern Ireland) Order 1976 (NI 12). | In Article 5, paragraph 5(5). |
Unfair Contract Terms Act 1977 (c. 50). | Section 7(5). |
Supply of Goods and Services Act 1982 (c. 29). |
In section 1, subsection (2)(c). In section 6, subsection (2). In section 6, in subsection (3), the words "(subject to subsection (2) above)". In section 18(1), the definitions of "redemption" and "trading stamps". |
Companies (Northern Ireland) Order 1986 (NI 6). | Article 262(3)(c) and the preceding "or". |
Companies Consolidation (Consequential Provisions) (Northern Ireland) Order 1986 (NI 9). | In Part I of Schedule 1, the amendment to the Trading Stamps Act (Northern Ireland) 1965. |
Consumer Protection Act 1987 (c. 43). | In section 46, in subsection (1), in paragraph (d), the words "(including trading stamps)". |
Insolvency (Northern Ireland) Order 1989 (NI 19). | In Schedule 2, in paragraph 8, the words from "and for that purpose" to the end. |
Sale and Supply of Goods Act 1994 (c. 35). | In Schedule 2, paragraph 2. |
Family Homes and Domestic Violence (Northern Ireland) Order 1998 (NI 6). | Article 19. |
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