The Family Proceedings (Amendment) (No. 5) Rules 2005

Amendments to the 1991 Rules

32.  In rule 2.39—

(a) in the heading, after “Act of 1973” insert “or section 63 of Act of 2004”;

(b) in paragraph (1), after “the Act of 1973” insert “or in section 63(1) of the Act of 2004, as the case may be,” ;

(c) in paragraph (2)—

(i) for sub-paragraph (a) substitute—

“(a) there are no children of the family to whom—

(i) in a matrimonial cause, section 41 of the Act of 1973 applies; or

(ii) in a civil partnership cause, section 63 of the Act of 2004 applies, or”; and

(ii) in sub-paragraph (b), for “any direction under section 41(2) of the Act of 1973”, substitute “a relevant direction”;

(d) in paragraph (3), for “section 41(2) of the Act of 1973” substitute “his power to give a relevant direction”;

(e) in paragraph (4), for “direction under section 41(2) of the Act of 1973” substitute “relevant direction”; and

(f) for paragraph (5) substitute—

“(5) In this rule—

(a) “parties” means the petitioner, the respondent and any person who appears to the court to have the care of the child; and

(b) “relevant direction” means a direction—

(i) in a matrimonial cause, under section 41(2) of the Act of 1973, and

(ii) in a civil partnership cause, under section 63(2) of the Act of 2004.”.