The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

Interpretation, application and savings

2.  –

(1) In this Part of these Rules, unless a contrary intention appears–

any reference to a rule shall be construed as a reference to a rule contained in these Rules; and any reference in a rule to a paragraph shall be construed as a reference to a paragraph of that rule,

“application” means an application for an order made under or by virtue of the Act and “applicant” shall be construed accordingly,

“business day” means any day other than–

(a)

a Saturday, Sunday, Christmas Day or Good Friday; or

(b)

a bank holiday, that is to say, a day which is, or is to be observed as, a bank holiday or a holiday under the Banking and Financial Dealings Act 1971(1), in England and Wales,

“court” means a family proceedings court constituted in accordance with sections 66 and 67 of the Magistrates' Courts Act 1980(2) (save where section 16(5) of the Act applies) or, in respect of those proceedings prescribed in rule 25, a single justice who is a member of a family panel,

“directions appointment” means a hearing for directions under rule 6(1),

“family protection order” means an order under section 16 of the Act,

“file” means deposit with the justices' clerk,

“form” means a form in Schedule 1 to these Rules with such variation as the circumstances of the particular case may require,

“note” includes a record made by mechanical means,

“respondent” includes, as the case may be, more than one respondent,

“the Act” means the Domestic Proceedings and Magistrates' Courts Act 1978(3).

(2) Expressions used in this Part of these Rules have the meaning which they bear in the Act.

(3) This Part of these Rules shall not apply in relation to any such application or order as is referred to in paragraph 1 or 2 of Schedule 1 to the Domestic Proceedings and Magistrates' Courts Act 1978 (transitional provisions); and, accordingly, the Magistrates' Courts (Matrimonial Proceedings) Rules 1960(4) shall continue to apply in relation to any such application or order but with the following modification, that is to say, on any complaint made by virtue of paragraph 2(d) of the said Schedule 1 for the variation or revocation of a provision requiring access to a child to be given to a grandparent, rule 7 of the said Rules of 1960 shall be construed as applying to the complaint as it applies to a complaint made by virtue of section 8 of the Matrimonial Proceedings (Magistrates' Courts) Act 1960(5) and as if paragraph (5) of that rule included a reference to that grandparent.

(4) Subject to rule 1(2), the provisions of the Magistrates' Courts Rules 1981(6) shall have effect subject to this Part of these Rules.

(1)

1971 c. 80.

(2)

Sections 66 and 67 were amended by paragraph 8 of Schedule 11 to the Children Act 1989 (c. 41).

(3)

1978 c. 22.

(4)

S.I. 1960/2229.

(5)

1960 c. 48.

(6)

S.I. 1981/552.