The Family Proceedings (Amendment) Rules 1993

6.  After rule 10.23 there shall be inserted the following:–

“Applications for relief which is precluded by the Act of 1991

10.24— (1) Where an application is made for an order which, in the opinion of the district judge, the court would be prevented from making by section 8 or 9 of the Act of 1991, the proper officer may send a notice in Form M34 to the applicant.

(2) In the first instance, the district judge shall consider the matter under paragraph (1) himself, without holding a hearing.

(3) Where a notice is sent under paragraph (1), no requirement of these rules, except for those of this rule, as to the service of the application by the proper officer or as to any other procedural step to follow the making of an application of the type in question, shall apply unless and until the court directs that they shall apply or that they shall apply to such extent and subject to such modifications as may be specified in the direction.

(4) Where an applicant who has been sent a notice under paragraph (1) informs the proper officer in writing, within 14 days of the date of the notice, that he wishes to persist with his application, the proper officer shall refer the matter to the district judge for action in accordance with paragraph (5).

(5) Where the district judge acts in accordance with this paragraph, he shall give such directions as he considers appropriate for the matter to be heard and determined by the court and, without prejudice to the generality of the foregoing, such directions may provide for the hearing to be ex parte.

(6) Where directions are given under paragraph (5), the proper officer shall inform the applicant of the directions and, in relation to the other parties,–

(a) send them a copy of the application;

(b) where the hearing is to be ex parte, inform them briefly–

(i) of the nature and effect of the notice under this rule,

(ii) that the matter is being resolved ex parte, and

(iii) that they will be informed of the result in due course; and

(c) where the hearing is to be inter partes, inform them of–

(i) the circumstances which led to the directions being given, and

(ii) the directions.

(7) Where a notice has been sent under paragraph (1) and the proper officer is not informed under paragraph (4), the application shall be treated as having been withdrawn.

(8) Where the matter is heard pursuant to directions under paragraph (5) and the court determines that it would be prevented by section 8 or 9 of the Act of 1991 from making the order sought by the application, it shall dismiss the application.

(9) Where the court dismisses an application under this rule it shall give its reasons in writing, copies of which shall be sent to the parties by the proper officer.

(10) In this rule, “the matter” means the question whether the making of an order in the terms sought by the application would be prevented by section 8 or 9 of the Act of 1991.

Modification of rule 10.24 in relation to non-free-standing applications

10.25   Where a notice is sent under rule 10.24(1) in respect of an application which is contained in a petition or other document (“the document”) which contains material extrinsic to the application–

(a) the document shall, until the contrary is directed under sub-paragraph (c) of this rule, be treated as if it did not contain the application in respect of which the notice was served;

(b) the proper officer shall, when he sends copies of the document to the respondents under any provision of these rules, attach a copy of the notice under rule 10.24(1) and a notice informing the respondents of the effect of sub-paragraph (a) of this paragraph; and

(c) if it is determined, under rule 10.24, that the court would not be prevented, by section 8 or 9 of the Act of 1991, from making the order sought by the application, the court shall direct that the document shall be treated as if it contained the application, and it may give such directions as it considers appropriate for the conduct of the proceedings in consequence of that direction.”.