The Family Proceedings (Amendment) Rules 2007

Statutory Instruments

2007 No. 1622 (L. 10)

family proceedings

SUPREME COURT OF ENGLAND AND WALES

county courts, england and wales

The Family Proceedings (Amendment) Rules 2007

Made

6th June 2007

Laid before Parliament

8th June 2007

Coming into force

1st July 2007

The Family Proceedings Rule Committee makes the following Rules in exercise of the powers conferred by section 40(1) of the Matrimonial and Family Proceedings Act 1984(1):

Citation and Commencement

1.  These Rules may be cited as the Family Proceedings (Amendment) Rules 2007 and shall come into force on 1st July 2007.

Amendments to the Family Proceedings Rules 1991

2.  The Family Proceedings Rules 1991(2) are amended in accordance with rules 3 to 6.

3.  In rule 3.9(6)—

(a) in sub-paragraph (a), omit “and”;

(b) in sub-paragraph (b)—

(i) after “any”, insert “occupation”; and

(ii) after “FL404”, insert—

• “, and

(c) any non-molestation order made on the hearing shall be issued in Form FL404a”.

4.  In rule 3.9A—

(a) for paragraph (1), substitute—

“(1) Where a power of arrest is attached to one or more of the provisions (“the relevant provisions”) of an occupation order under the Family Law Act 1996, the relevant provisions shall be set out in Form FL406 and the form shall not include any provisions of the order to which the power of arrest was not attached.

(1A) Where the court makes a non-molestation order under that Act or paragraph (1) applies, the following documents shall be delivered to the officer for the time being in charge of any police station for the applicant’s address or of such other police station as the court may specify—

(a) a copy of Form FL404a or FL406, as the case may be; and

(b) a statement showing that the respondent has been served with the order or informed of its terms (whether by being present when the order was made or by telephone or otherwise).

(1B) The documents referred to in paragraphs (1A)(a) and (b) shall be delivered by—

(a) the applicant, if the applicant is responsible for serving the order on the respondent in accordance with rule 3.9(2) or (4); or

(b) the court, if the court is responsible for serving the order on the respondent in accordance with rule 3.9(5).”.

(b) in paragraph (2)—

(i) after “relevant provisions”, insert “of an occupation order or, as the case may be, any provisions of a non-molestation order”; and

(ii) in sub-paragraph (a), for “form under paragraph (1)”, substitute “any form under paragraph (1A)”.

(c) in paragraph (3), after “the respondent”, insert “under section 47(8) of the Family Law Act 1996”;

(d) at the beginning of paragraph (4)(b)(i), insert “Unless the court directs otherwise,”; and

(e) in paragraph (10)—

(i) for “an order”, substitute “an occupation order under section 47(2) or (3) of the Family Law Act 1996”; and

(ii) after “warrant of arrest”, insert “issued on an application under section 47(8) of that Act”.

5.  In rule 3.10(1)—

(a) after “power of arrest”, insert “attached to an occupation order under section 47(2) or (3) of the Family Law Act 1996”; and

(b) after “warrant of arrest”, insert “issued on an application under section 47(8) of that Act”.

6.  In Appendix 1—

(a) in the list of forms—

(i) for the entry in the second column relating to Form FL404, substitute “Occupation Order”; and

(ii) after the entry relating to Form FL404, in the first column insert “FL404a” and in the second column insert “Non-Molestation Order”.

(b) for Form FL404, substitute Form FL404 set out in the Schedule to these Rules;

(c) after Form FL404, insert Form FL404a as set out in the Schedule to these Rules; and

(d) for Form FL406, substitute Form FL406 set out in the Schedule to these Rules.

Transitional Provisions

7.  Where—

(a) a power of arrest has been attached to a non-molestation order under Part IV of the Family Law Act 1996 before the commencement of these Rules; and

(b) that power of arrest still has effect

the Family Proceedings Rules 1991 in force immediately before the commencement of these Rules shall apply—

(i) following any arrest made under the power of arrest attached to the non-molestation order; or

(ii) to any application for bail made under rule 3.10(1) if the arrest is made before these Rules come into force and the arrested person is being held on remand.

Mark Potter, P

Philip Waller

Duncan Adam

David Salter

Bruce Edgington

Charles Hyde

I allow these Rules

Harriet Harman

Minister of State,

Ministry of Justice

6th June 2007

Rule 6

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Family Proceedings Rules 1991 following the amendment made by section 1 of the Domestic Violence, Crime and Victims Act 2004 (c.28) to Part IV of the Family Law Act 1996 (c.27) providing that breach of a non-molestation order is a criminal offence. Repeals made in Schedule 11 and consequential amendments made in Schedule 10 to the Domestic Violence, Crime and Victims Act 2004 also limit the power of the court to attach a power of arrest to an occupation order only.

Rule 3 provides that occupation orders and non-molestation orders are to be issued on Form FL404 and FL404a respectively.

Rule 4 provides that where the court attaches a power of arrest to an occupation order that the relevant provisions of that order are to be set out on Form FL406. This rule also provides for service upon the officer for the time being in charge of any police station for the applicant’s address or of such other police station as the court may specify.

Rule 5 makes consequential amendments to rule 3.10 regarding applications for bail.

Rule 6 introduces amendments to existing forms and Form FL404a.

Rule 7 provides for transitional provisions.

(1)

1984 c.42; section 40(1) was amended by the Courts and Legal Services Act 1990 (c.41), Schedule 18, paragraph 50 and the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraphs 379 and 380 and is repealed (from a date to be appointed) by the Courts Act 2003 (c.39), Schedule 8, paragraph 278 and Schedule 10.

(2)

S.I. 1991/1247; relevant amending instruments are S.I. 1997/1893, S.I. 2005/559 and S.I. 2005/2922.