The Family Proceedings (Amendment) Rules 2003

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Family Proceedings (Amendment) Rules 2003 and shall come into force on 24th February 2003.

(2) In these Rules a reference to a rule or form by number alone means the rule or form so numbered in the Family Proceedings Rules 1991(1).

Amendments to the Family Proceedings Rules 1991

2.  In the Arrangement of Rules—

(a) after the entry relating to rule 2.45 insert—

“2.45A.   Application under section 10A(2) of the Act of 1973

2.45B.   Order under section 10A(2) of the Act of 1973”;

(b) omit the title of rules 2.69A and 2.69C;

(c) in the title of rule 2.69D for “rules 2.69B and 2.69C” substitute “rule 2.69B”;

(d) after the entry relating to rule 10.26 insert—

“10.27.   Costs”.

3.  After rule 2.45 insert—

“Application under section 10A(2) of the Act of 1973

2.45A.

2.45A.— (1) This rule applies to an application under section 10A(2) of the Act of 1973 for an order that the decree of divorce is not to be made absolute until a declaration made by both parties that they have taken such steps as are required to dissolve the marriage in accordance with the relevant religious usages is produced to the court.

(2) Paragraphs (3) and (5) of rule 2.42 shall apply to an application under this rule as they apply to an application under that rule.

(3) The application shall be supported by an affidavit setting out the grounds on which the applicant seeks the order and a copy of the affidavit shall be served with the notice on the other parties.

Order under section 10A(2) of the Act of 1973

2.45B.

2.45B.— (1) Where the court has made an order under section 10A(2) of the Act of 1973 the declaration referred to in that section shall—

(a) be made and signed by both parties;

(b) give particulars of the proceedings in which the order under section 10A(2) of the Act of 1973 was obtained;

(c) confirm that steps as are required to dissolve the marriage in accordance with the religious usages, appropriate to the parties, referred to in section 10A(1)(a) of the Act of 1973 have been taken;

(d) unless the court orders otherwise, be accompanied by a certificate from a relevant religious authority that all such steps have been taken; and

(e) be filed at the court either before or together with an application to make the decree absolute under rules 2.49 or 2.50.

(2) For the purposes of paragraph (1)(d), a religious authority is “relevant” if the party who made the application for the order under section 10A(2) of the Act of 1973 considers that authority competent to confirm that the steps referred to in paragraph (1)(c) have been taken.

(3) Where the certificate referred to in paragraph (1)(d) is not in English the declaration must also be accompanied by a translation of that certificate into English, certified by a notary public or authenticated by affidavit.

(4) If the court dispenses with the need for a certificate under paragraph (1)(d), it may direct the parties to file other documents showing that the relevant steps have been taken and may refuse to make the decree absolute until that direction has been complied with.”.

4.  In rule 2.49(2)—

(a) in subparagraph (f)(iii), omit “and”; and

(b) after subparagraph (g), insert—

• “; and

  (h)

  that any order under section 10A(2) of the Act of 1973 has been complied with.”.

5.  In rule 2.61D(2)(d)—

(a) after “one” insert “or more”; and

(b) in subparagraph (iii) omit “or”.

6.  Omit rule 2.69A.

7.  Omit rule 2.69C.

8.—(1) In the title of rule 2.69D, for “rules 2.69B and 2.69C” substitute “rule 2.69B”.

(2) In rule 2.69D(1) for “orders referred to in rules 2.69B and 2.69C” substitute “order referred to in rule 2.69B”.

(3) Omit rule 2.69D(2).

9.  In rule 2.70(14)(e) and (15)(e), for “(for example a policy reference number)” substitute “, including the name and address of the person responsible for the pension arrangement and a policy reference number”.

10.  For rule 3.13(4), substitute—

“(4) The prescribed officer for the purposes of section 55A(7) of the Act of 1986 shall be the proper officer within the meaning of rule 1.2(1).”

11.—(1) In rule 7.4(1), in the definition of “judgment summons”, for “to appear and be examined on oath as to his means” substitute “to attend court”.

(2) After rule 7.4(3) insert—

“(3A) The judgment creditor must file with the request copies of all written evidence on which he intends to rely.”.

(3) In rule 7.4(5)—

(a) after “served on the debtor personally” insert “together with copies of the written evidence referred to in paragraph (3A)”; and

(b) for “10” substitute “14”.

(4) After rule 7.4(7) insert—

“(7A) The following documents must be served personally on the debtor—

(a) where the proceedings are in the High Court and the court has summoned the debtor to attend and he has failed to do so, the notice of the day and time fixed for the adjourned hearing;

(b) where the proceedings are in the county court, an order made under section 110(1) of the County Courts Act 1984(2);

(c) in either case, copies of the judgment summons, the affidavit required by rule 7.1(1) and all written evidence referred to in paragraph (3A).

(7B) No person may be committed on an application for a judgment summons unless—

(a) where the proceedings are in the High Court, the court has summoned the debtor to attend, he has failed to do so, and he has also failed to attend the adjourned hearing;

(b) where the proceedings are in the county court, an order is made under section 110(2) of the County Courts Act 1984(3); or

(c) the judgment creditor proves that the debtor—

(i) has or has had since the date of the order the means to pay the sum in respect of which he has made default; and

(ii) has refused or neglected, or refuses or neglects, to pay that sum.

(7C) The debtor may not be compelled to give evidence.”.

12.  Omit rule 7.5(1), (6) and (7).

13.  In rule 7.6(1) for “7(3) and 9(2)” substitute “5, 7(3), 9(2) and 10(3)”.

14.  For rule 8.1(3) substitute—

“(3) On any appeal to which paragraph (2) applies—

(a) the appeal shall be limited to a review of the decision or order of the district judge unless the judge considers that in the circumstances of the case it would be in the interests of justice to hold a rehearing;

(b) oral evidence or evidence which was not before the district judge may be admitted if in all circumstances of the case it would be in the interests of justice to do so, irrespective of whether the appeal be by way of review or rehearing.”.

15.  After rule 8.1(6) insert—

“(7) This rule does not apply to any appeal by a party to proceedings for the assessment of costs against a decision in those proceedings.”.

16.  After rule 10.26 insert—

“Costs

10.27.

10.27.— (1) Order 38 of the County Court Rules 1981(4) and Order 62 of the Rules of the Supreme Court 1965(5) shall not apply to costs in family proceedings, and CPR Parts 43, 44 (except rules 44.9 to 44.12), 47 and 48(6) shall apply to costs in those proceedings, with the following modifications—

(a) in CPR rule 43.2(1)(c)(ii), “district judge” includes a district judge of the Principal Registry of the Family Division;

(b) CPR rule 44.3(2) (costs follow the event) shall not apply.

(2) Except in the case of an appeal against a decision of an authorised court officer (to which CPR rules 47.20 to 47.23 apply), an appeal against a decision in assessment proceedings relating to costs in family proceedings shall be dealt with in accordance with the following paragraphs of this rule.

(3) An appeal within paragraph (2) above shall lie as follows—

(a) where the decision appealed against was made by a district judge of the High Court or a costs judge (as defined by CPR rule 43.2(1)(b)), to a judge of the High Court;

(b) where the decision appealed against was made by a district judge of a county court, to a judge of that court.

(4) CPR Part 52 applies to every appeal within paragraph (2) above, and any reference in CPR Part 52 to a judge or a district judge shall be taken to include a district judge of the Principal Registry of the Family Division.

(5) The Civil Procedure Rules 1998 shall apply to an appeal to which CPR Part 52 or CPR rules 47.20 to 47.23 apply in accordance with paragraph (2) above in the same way as they apply to any other appeal within CPR Part 52 or CPR rules 47.20 to 47.23 as the case may be; accordingly the Rules of the Supreme Court 1965 and the County Court Rules 1981 shall not apply to any such appeal.”.

17.  In Forms M2, M7(b), M16, M19, M21, M22 and M23, for “Divorce Registry”, wherever these words appear, substitute “Principal Registry”.

18.  For Form M17 there shall be substituted the form set out in Schedule 1 to these Rules.

19.  For Form C there shall be substituted the form set out in Schedule 2 to these Rules.

Amendment to the Family Proceedings (Miscellaneous Amendments) Rules 1999

20.  Rule 4(1) of the Family Proceedings (Miscellaneous Amendments) Rules 1999(7) shall cease to have effect.

Irvine of Lairg, C.

Elizabeth Butler-Sloss, P.

Joyanne Bracewell

Gerald Angel

Victor Hall

Peter Hunt

Rache A. Evans

Christopher Frazer

Claire Jenkins

Godfrey Freeman

Dated 28th January 2003