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Courts Act 2003

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This is the original version (as it was originally enacted).

76Further provision about scope of Family Procedure Rules

This section has no associated Explanatory Notes

(1)Family Procedure Rules may not be made in respect of matters which may be dealt with in probate rules made by the President of the Family Division, with the concurrence of the Lord Chancellor, under section 127 of the 1981 Act.

(2)Family Procedure Rules may —

(a)modify or exclude the application of any provision of the County Courts Act 1984 (c. 28), and

(b)provide for the enforcement in the High Court of orders made in a divorce county court.

(3)Family Procedure Rules may modify the rules of evidence as they apply to family proceedings in any court within the scope of the rules.

(4)Family Procedure Rules may apply any rules of court (including in particular Civil Procedure Rules) which relate to—

(a)courts which are outside the scope of Family Procedure Rules, or

(b)proceedings other than family proceedings.

(5)Any rules of court, not made by the Family Procedure Rule Committee, which apply to proceedings of a particular kind in a court within the scope of Family Procedure Rules may be applied by Family Procedure Rules to family proceedings in such a court.

(6)In subsections (4) and (5) “rules of court” includes any provision governing the practice and procedure of a court which is made by or under an enactment.

(7)Where Family Procedure Rules may be made by applying other rules, the other rules may be applied—

(a)to any extent,

(b)with or without modification, and

(c)as amended from time to time.

(8)Family Procedure Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions.

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