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

Amendments to the 1991 Rules

4.  In rule 1.4—

(a) for paragraph (1) substitute—

“(1) Subject to the provisions of these rules—

(a) matrimonial proceedings pending at any time in the principal registry which, if they had been begun in a divorce county court, would be pending at that time in such a court, shall be treated, for the purposes of these rules and of any provision of the County Court Rules 1981 and the County Courts Act 1984, as pending in a divorce county court and not in the High Court, and

(b) civil partnership proceedings pending at any time in the principal registry which, if they had been begun in a civil partnership proceedings county court, would be pending at that time in such a court, shall be treated, for the purposes of these rules and of any provision of the County Court Rules 1981(1) and the County Courts Act 1984(2), as pending in a civil partnership proceedings county court and not in the High Court.”; and

(b) in paragraph (2)—

(i) after “a divorce county court” the first time it appears insert “or a civil partnership proceedings county court or a designated county court”;

(ii) omit “a divorce county court” the second time it appears; and

(iii) after “to or from” insert “,”.

(1)

S.I. 1981/1687. These Rules were replaced by the Civil Procedure Rules 1999 (S.I. 1998/3132) but rule 3 of the Family Proceedings (Miscellaneous Amendments) Rules 1999 (S.I. 1999/1012) provides that a reference to those Rules in the Family Proceedings Rules is a reference to them as in force immediately before 26th April 1999.

(2)

1984 c. 28.