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The Family Proceedings Courts (Miscellaneous Amendments) Rules 1992

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Statutory Instruments

1992 No. 2068 (L.19)

MAGISTRATES' COURTS

The Family Proceedings Courts (Miscellaneous Amendments) Rules 1992

Made

27th August 1992

Laid before Parliament

10th September 1992

Coming into force

5th October 1992

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980(1), after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:

1.—(1) These Rules may be cited as the Family Proceedings Courts (Miscellaneous Amendments) Rules 1992 and shall come into force on 5th October 1992.

(2) Paragraph 3 of the Schedule to these Rules shall not have effect in relation to a written report the making of which was directed before the commencement of that paragraph.

2.  The following Rules—

  • The Family Proceedings Courts (Children Act 1989) Rules 1991(2);

  • The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991(3);

shall have effect subject to the amendments set out in the Schedule to these Rules.

Mackay of Clashfern, C.

Dated 27th August 1992

Rule 2

SCHEDULEAMENDMENT OF RULES

The Family Proceedings Courts (Children Act 1989) Rules 1991

1.  In rule 4(4) and (21)(8) of the Family Proceedings Courts (Children Act 1989) Rules 1991, for the words “prohibited steps order, or a specific issue order, under section 8” there shall in both places where they occur be substituted the words “section 8 order”.

2.  For rule 8(8) of those Rules, there shall be substituted the following—

(8) In any relevant proceedings, where these rules require a document to be served, the court or the justices' clerk may, without prejudice to any power under rule 14, direct that—

(a)the requirement shall not apply;

(b)the time specified by the rules for complying with the requirement shall be abridged to such extent as may be specified in the direction;

(c)service shall be effected in such manner as may be specified in the direction..

3.  For rule 13 of those Rules, there shall be substituted the following—

Welfare officer

13(1) Where the court or a justices' clerk has directed that a written report be made by a welfare officer, the report shall be filed at or by such time as the court or justices' clerk directs or, in the absence of such a direction, at least 14 days before a relevant hearing; and the justices' clerk shall, as soon as practicable, serve a copy of the report on the parties and any guardian ad litem.

(2) In paragraph (1), a hearing is relevant if the justices' clerk has given the welfare officer notice that his report is to be considered at it.

(3) After the filing of a written report by a welfare officer, the court or the justices' clerk may direct that the welfare officer attend any hearing at which the report is to be considered; and

(a)except where such a direction is given at a hearing attended by the welfare officer, the justices' clerk shall inform the welfare officer of the direction; and

(b)at the hearing at which the report is considered any party may question the welfare officer about his report.

(4) This rule is without prejudice to the court’s power to give directions under rule 14..

4.  In rule 17(1)(a) of those Rules, at the end of paragraph (ii) the word “and” shall be omitted and after paragraph (iii) there shall be added the following—

(iv)show in the top right hand corner of the first page—

(a)the initials and surname of the person making the statement,

(b)the number of the statement in relation to the maker,

(c)the date on which the statement was made, and

(d)the party on whose behalf it is filed; and.

5.  In rule 21(8)(b) of those Rules—

(a)there shall be inserted after “50”, the word “or”; and

(b)“or 102(1)” shall be omitted.

6  In rule 25 of those Rules—

(a)at the end of paragraph (a) there shall be inserted the word “or”; and

(b)paragraph (b) shall be omitted.

7.  In Schedule 1 to those Rules—

(a)For Form CHA7 ([Contact] [Residence] Order) there shall be substituted the form contained in Appendix 1 to this Schedule;

(b)in Form CHA 13 (Application for Financial Provision for Children), for pages 5 and 6 of that Form there shall be substituted the pages contained in Appendix 2 to this Schedule, and the remaining page of that Form shall be renumbered accordingly;

(c)in Form CHA 13A (Respondent’s Answer), for page 2 of that Form there shall be substituted the page contained in Appendix 3 to this Schedule;

(d)in Form CHA 14 (Statement of Means), for pages 2 and 3 of that Form there shall be substituted the pages contained in Appendix 4 to this Schedule;

(e)in Form CHA 15 (Application for the [Variation] [Discharge] of an order for Financial Provision), for pages 1 and 2 of that Form there shall be substituted the pages contained in Appendix 5 to this Schedule; and

(f)in Form CHA 45 (Application for a Recovery Order), in paragraph (a) of the section of that Form headed “[2] About the application”, after the words “an emergency protection order” there shall be inserted “or care order”.

8.  In Schedule 2 of those Rules, the entry hitherto relating to section 8 and Schedule 1 shall be omitted.

9.  In the entry relating to section 4(1)(a), 4(3) etc in Schedule 2 of those Rules,—

(a)after “6(7),” in column (i) there shall be inserted the figure “8”;

(b)after “77(6)” in column (i) there shall be inserted “Schedule 1”;

(c)for the words “in the case or proceedings” in column (ii) there shall be substituted the words “in the case of proceedings”.

(d)after the paragraph relating to section 77(6) in column (iii) there shall be inserted the words: “in the case of proceedings under Schedule 1, those persons whom the applicant believes to be interested in or affected by the proceedings;”; and

(e)at the end of column (iii) there shall be inserted the following paragraph—

in the case of an application for a section 8 order, every person whom the applicant believes—

(i)to be named in a court order with respect to the same child, which has not ceased to have effect,

(ii)to be a party to pending proceedings in respect of the same child, or

(iii)to be a person with whom the child has lived for at least three years prior to the application,

unless, in a case to which (i) or (ii) applies, the applicant believes that the court order or pending proceedings are not relevant to the application..

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

10.  In rule 3(4) of the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991, for the words “section 16(6)” there shall be substituted “section 16(2) and (6)”.

11.  In rule 9(1) of those Rules, the words “subject to paragraph 4,” shall be omitted.

12.  In Schedule 1 to those Rules—

(1) In Form 1 (Application for Order under Section 2), Form 2 (Application for Order under Section 6), Form 3 (Application for Order under Section 7) and Form 4 (Application for Order under Section 20), there shall in each case be inserted—

(a)immediately above the applicant’s declaration that the information he has given is correct and complete to the best of his knowledge, the following:—

13.  In Schedule 1, in Form 9 (Orders under Section 2, 6 or 7), for the words “[All payments under the above orders are to be made to the justices' clerk]” there shall be substituted “Payments under the above orders are to be made in the following way:”.

APPENDIX 1

APPENDIX 2

APPENDIX 3

APPENDIX 4

APPENDIX 5

Explanatory Note

(This note is not part of the Rules)

These Rules make amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991 and the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991.

The effect of the paragraphs of the Schedule is to—

(a)enable residence orders and contact orders under the Children Act 1989 to be made ex parte (paragraphs 1 and 7(a));

(b)modify the provision concerning the attendance of welfare officers at hearings in proceedings to which Part IV applies; the main change is that instead of being required to attend hearings unless excused by the court or justices' clerk, the welfare officer will not have to attend unless the court or justices' clerk so orders, and the welfare officer is required to file his report at least 14 days before a hearing at which it is to be considered instead of 5 days (paragraph 3);

(c)enable parties to give the court details of their preferred method of payment in respect of orders for financial provision (paragraph 7(b)-(e), 12 and 13); and

(d)reduce the notice period for the first hearing of an application for an order under section 8 of the Children Act 1989 (a "section 8 order') or for an order under Schedule 1 to that Act (financial provision for children) from 21 days to 14 days (paragraphs 8 and 9);

(e)make minor and drafting changes (paragraphs 2, 4, 5, 6, 7(a) and (f), 10, 11.

(1)

1980 c. 43; as extended by section 145 of that Act; by section 93 of the Children Act 1989 (c. 41) as amended by paragraph 22 of Schedule 16 to the Courts and Legal Services Act 1990 (c. 41); and by section 10 of the Courts and Legal Services Act 1990 as amended by paragraph 11 of Schedule 2 to the Maintenance Enforcement Act 1991 (c. 17).

(2)

S.I. 1991/1395, amended by S.I. 1991/1991.

(3)

S.I. 1991/1991.

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