The Family Procedure (Adoption) Rules 2005

Types of application for which Part 9 procedure may be followed

86.—(1) The Part 9 procedure is the procedure set out in this Part.

(2) An applicant may use the Part 9 procedure if the application is made—

(a) in the course of existing proceedings;

(b) to commence proceedings other than those to which Part 5 applies; or

(c) in connection with proceedings which have been concluded.

• (Rule 22 lists the proceedings to which Part 5 applies.)

(3) Paragraph (2) does not apply—

(a) to applications made in accordance with—

(i) section 60(3) (order to prevent disclosure of information to an adopted person);

(ii) section 79(4) (order for Registrar General to give any information referred to in section 79(3));

(iii) rule 27 (request to dispense with consent);

(iv) rule 59(2) (appointment of children’s guardian);

(v) rule 84 (disclosure of information to adopted adult);

(vi) rule 106 (withdrawal of application); or

(vii) rule 107 (recovery orders); or

(b) if a practice direction provides that the Part 9 procedure may not be used in relation to the type of application in question.

(4) The following persons are to be respondents to an application under this Part—

(a) where there are existing proceedings or the proceedings have concluded, the parties to those proceedings;

(b) where there are no existing proceedings—

(i) if notice has been given under section 44 (notice of intention to adopt or apply for a section 84 order), the local authority to whom notice has been given; and

(ii) if an application is made in accordance with—

(aa) section 26(3)(f) (permission to apply for contact order); or

(bb) section 42(6) (permission to apply for adoption order),

any person who, in accordance with rule 23, will be a party to the proceedings brought if permission is granted; and

(c) any other person as the court may direct.