Family Law Act 1996

Prospective

Supplementary E+W

12 [F1 Rules about procedure] E+W

(1) [F2 Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005]—

(a) as to the form in which a statement is to be made and what information must accompany it;

(b) requiring the person making the statement to state whether or not, since satisfying the requirements of section 8, he has made any attempt at reconciliation;

(c) as to the way in which a statement is to be given to the court;

(d) requiring a copy of a statement made by one party to be served by the court on the other party;

(e) as to circumstances in which such service may be dispensed with or may be effected otherwise than by delivery to the party;

(f) requiring a party who has made a statement to provide the court with information about the arrangements that need to be made in consequence of the breakdown;

(g) as to the time, manner and (where attendance in person is required) place at which such information is to be given;

(h) where a statement has been made, requiring either or both of the parties—

(i) to prepare and produce such other documents, and

(ii) to attend in person at such places and for such purposes,

as may be specified;

(i) as to the information and assistance which is to be given to the parties and the way in which it is to be given;

(j) requiring the parties to be given, in such manner as may be specified, copies of such statements and other documents as may be specified.

(2) [F3 Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005] requiring a person who is the legal representative of a party to a marriage with respect to which a statement has been, or is proposed to be, made—

(a) to inform that party, at such time or times as may be specified—

(i) about the availability to the parties of marriage support services;

(ii) about the availability to them of mediation; and

(iii) where there are children of the family, that in relation to the arrangements to be made for any child the parties should consider the child’s welfare, wishes and feelings;

(b) to give that party, at such time or times as may be specified, names and addresses of persons qualified to help—

(i) to effect a reconciliation; or

(ii) in connection with mediation; and

(c) to certify, at such time or times as may be specified—

(i) whether he has complied with the provision made in the rules by virtue of paragraphs (a) and (b);

(ii) whether he has discussed with that party any of the matters mentioned in paragraph (a) or the possibility of reconciliation; and

(iii) which, if any, of those matters they have discussed.

(3) In subsections (1) and (2) “specified” means determined under or described in the rules.

(4) This section does not affect any power to make rules of court for the purposes of this Act.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S. 12 sidenote substituted (3.4.2006) by virtue of Constitutional Reform Act 2005 (c. 4), ss. 12, 148, Sch. 1 para. 23(1); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F2 Words in s. 12(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 148, Sch. 1 para. 23(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F3 Words in s. 12(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 148, Sch. 1 para. 23(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

12 Lord Chancellor’s rules. E+W

(1) The Lord Chancellor may make rules—

(a) as to the form in which a statement is to be made and what information must accompany it;

(b) requiring the person making the statement to state whether or not, since satisfying the requirements of section 8, he has made any attempt at reconciliation;

(c) as to the way in which a statement is to be given to the court;

(d) requiring a copy of a statement made by one party to be served by the court on the other party;

(e) as to circumstances in which such service may be dispensed with or may be effected otherwise than by delivery to the party;

(f) requiring a party who has made a statement to provide the court with information about the arrangements that need to be made in consequence of the breakdown;

(g) as to the time, manner and (where attendance in person is required) place at which such information is to be given;

(h) where a statement has been made, requiring either or both of the parties—

(i) to prepare and produce such other documents, and

(ii) to attend in person at such places and for such purposes,

as may be specified;

(i) as to the information and assistance which is to be given to the parties and the way in which it is to be given;

(j) requiring the parties to be given, in such manner as may be specified, copies of such statements and other documents as may be specified.

(2) The Lord Chancellor may make rules requiring a person who is the legal representative of a party to a marriage with respect to which a statement has been, or is proposed to be, made—

(a) to inform that party, at such time or times as may be specified—

(i) about the availability to the parties of marriage support services;

(ii) about the availability to them of mediation; and

(iii) where there are children of the family, that in relation to the arrangements to be made for any child the parties should consider the child’s welfare, wishes and feelings;

(b) to give that party, at such time or times as may be specified, names and addresses of persons qualified to help—

(i) to effect a reconciliation; or

(ii) in connection with mediation; and

(c) to certify, at such time or times as may be specified—

(i) whether he has complied with the provision made in the rules by virtue of paragraphs (a) and (b);

(ii) whether he has discussed with that party any of the matters mentioned in paragraph (a) or the possibility of reconciliation; and

(iii) which, if any, of those matters they have discussed.

(3) In subsections (1) and (2) “specified” means determined under or described in the rules.

(4) This section does not affect any power to make rules of court for the purposes of this Act.