The Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005

Supplementary

This adran has no associated Memorandwm Esboniadol

7.—(1) Where proceedings to which this rule applies are stayed then—

(a)the court must not make a relevant order or a lump sum order in connection with the stayed proceedings except under paragraph (2); and

(b)except as provided by paragraph (4), any relevant order made in connection with the stayed proceedings ceases to have effect on the expiration of three months from the date on which the stay was imposed, unless before that date the stay is removed or the order discharged.

(2) The court may exercise the powers referred to in paragraph (3) if it considers that—

(a)there are circumstances which must be dealt with urgently, and

(b)it is necessary to exercise those powers whilst the stay is in force in order to deal with those circumstances.

(3) The powers are—

(a)the power to make a lump sum order or a relevant order in connection with the stayed proceedings; and

(b)the power to extend, or further extend, the duration of a relevant order made in connection with the stayed proceedings.

(4) Where by virtue of paragraph (2) the court exercises any of the powers referred to in paragraph (3) in respect of a relevant order, paragraph (1)(b) does not apply to the order so made or extended.

(5) This rule does not alter the effect of the stay except as provided by this rule.