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The Family Proceedings (Amendment No. 3) Rules 2005

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Amendments to the Family Proceedings Rules 1991

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20.  After rule 8.3, insert—

Appeal under section 8(1) of the Gender Recognition Act 2004

8.4.  (1)  RSC Order 55(1) applies to an appeal to the High Court under section 8(1) of the Gender Recognition Act 2004 subject to the modifications made by this rule.

(2) The notice of the originating motion must be—

(a)issued out of the principal registry;

(b)served on the Secretary of State in addition to the person to be served under RSC Order 55, rule 4(1).

(3) The Secretary of State may appear and be heard in the proceedings on the appeal.

(4) Where the High Court issues a gender recognition certificate under section 8(3)(a) of the Gender Recognition Act 2004, the proper officer must send a copy of that certificate to the Secretary of State.

(1)

The reference is to the Rules of the Supreme Court 1965 (S.I. 1965/1776), frequently amended. The Rules of the Supreme Court were revoked and replaced by the Civil Procedure Rules 1998 (S.I. 1998/3132), but rule 1.3 of the Family Proceedings Rules 1991 provides that those Rules as they were in force immediately before 26th April 1999 continue to apply with any necessary modifications to family proceedings in the High Court.

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