The Family Proceedings (Amendment) (No.3) Rules 2009

Citation and commencement

1.—(1) These Rules may be cited as the Family Proceedings (Amendment) (No.3) Rules 2009.

(2) These Rules shall come into force as follows—

(a) this rule and rules 2, 3 and 9 to 17 shall come into force on 17th August 2009;

(b) rules 4 to 8, 18 and 20 shall come into force on 1^st September 2009; and

(c) rule 19 shall come into force on 1^st November 2009.

Amendments to the Family Proceedings Rules 1991

2.  The Family Proceedings Rules 1991(1) are amended in accordance with the provisions of rules 3 to 20.

3.  In the Arrangement of Rules—

(a) in the entry for rule 8.2, for “Appeals from magistrates’ courts and appeals from district judges under the Act of 1989 and Parts 4 and 4A of the Family Law Act 1996” substitute “Appeals to a county court and appeals from district judges under the Act of 1989 or Parts 4 and 4A of the Family Law Act 1996 or relating to deduction order appeals”; and

(b) after the entry for rule 8.2F insert—

“8.2FF   Appeal court’s powers: deduction order appeals”.

4.  In rule 3.14, for paragraph (c), substitute—

“(c) if it is known, the name of the petitioner’s father and his residential address at the time of the presentation of the petition;

(cc) if it is known, the name of the petitioner’s mother at her birth and, if it is different, her current name and her residential address at the time of presentation of the petition;”.

5.  In rule 4.1(2)(c), after “4(3),” insert “4ZA(1)(c), 4ZA(6),”.

6.  In rule 4.4, after “4(1)(c)”, wherever it occurs, insert “,4ZA(1)(c) or 4A(1)(b)”.

7.  In rule 4.9(1)(a), after “4(1)(c)”, insert “,4ZA(1)(c) or 4A(1)(b)”.

8.  In rule 4A.1, in the definition of “the birth father”, after “section 28 of the 1990 Act” insert “or by sections 35 to 40 of the Human Fertilisation and Embryology Act 2008(2)”.

9.  For rule 8.A1, substitute—

“8.A1.— (1) In this Part—

(a) “the court below” means the court from which, or the person from whom, the appeal lies;

(b) “the appeal court” means the court to which the appeal is made;

(c) “Commission” means the Child Maintenance and Enforcement Commission; and

(d) “deduction order appeal” means an appeal under regulation 25AB(1)(a) to (d) of the Child Support (Collection and Enforcement) Regulations 1992(3).

(2) For the purposes of a deduction order appeal—

(a) “the appellant” means the person who brings or seeks to bring an appeal; and

(b) “the respondent” means—

(i) the Commission and any person other than the appellant who was served with an order under section 32A(1), 32E(1) or 32F(1) of the Act of 1991; and

(ii) a person who is permitted by the appeal court to be a party to the appeal.”.

10.  In rule 8.2—

(a) for the heading substitute “Appeals to a county court and appeals from district judges under the Act of 1989 or Parts 4 and 4A of the Family Law Act 1996 or relating to deduction order appeals”;

(b) in sub-paragraph (a) of paragraph (1)—

(i) at the end of paragraph (v), omit “or”; and

(ii) for paragraph (vii), substitute—

“(vi) any other enactment giving a person a right of appeal against a decision of a magistrates’ court; or

(vii) regulation 25AB(1)(a) to (d) of the Child Support (Collection and Enforcement) Regulations 1992; or”;

(c) in sub-paragraph (b) of paragraph (1)—

(i) at the end of paragraph (i), omit “or”; and

(ii) at the end of paragraph (ii), insert—

“; or

(iii) relating to a deduction order appeal.”; and

(d) in paragraph (2), omit “(i) and (ii)”.

11.  In rule 8.2A—

(a) at the end of sub-paragraph (a) of paragraph (1), insert “and in the case of a deduction order appeal, the Commission and any other respondent”;

(b) in paragraph (3)—

(i) at the end of sub-paragraph (c), omit “or”; and

(ii) after sub-paragraph (c) insert—

“(cc) in the case of a deduction order appeal, within 21 days of—

(i) where the appellant is a deposit-taker, service of the order;

(ii) where the appellant is a liable person, receipt of the order; or

(iii) where the appellant is either a deposit-taker or a liable person, the date of receipt of notification of the decision; or”;

(c) in paragraph (4) omit “under paragraph (1)”; and

(d) after paragraph (5), insert—

“(6) In the case of a deduction order appeal, the Commission shall provide to the court and serve on all other parties to the appeal any information and evidence relevant to the making of the decision or order being appealed, within 14 days of receipt of the notice of appeal.

(7) For the purposes of paragraph (3)(cc)—

(a) references to “liable person” and “deposit-taker” are to be interpreted in accordance with section 32E of the Act of 1991 and regulation 25A(2) of the Child Support (Collection and Enforcement) Regulations 1992 and section 54 of that Act, respectively; and

(b) the liable person is to be treated as having received the order or notification of the decision 2 days after it was posted by the Commission.”.

12.  In rule 8.2B—

(a) in paragraph (1)—

(i) for “paragraph (2)”, substitute “paragraphs (2) and (3)”; and

(ii) in sub-paragraphs (a) to (c), after “court below” in each place it occurs, insert “or, in a deduction order appeal, the order or decision of the Commission”;

(b) after paragraph (2), insert—

“(3) Where the Commission as a respondent, wishes to contend that its order or decision should be—

(a) varied, either in any event or in the event of the appeal being allowed in whole or in part; or

(b) affirmed on different grounds from those on which it relied when making the order or decision,

it shall, within 14 days of receipt of notice of the appeal, file and serve on all other parties to the appeal a notice in writing, setting out the grounds upon which it relies.”.

13.  For rule 8.2C, substitute—

“8.2C.— (1) Subject to paragraph (2), unless the court orders otherwise, an appeal under rule 8.2(1) shall not operate as a stay of proceedings on the order or decision appealed against.

(2) Paragraph (1) shall not apply to an appeal made against an order under section 32F(1) of the Act of 1991.”.

14.  In rule 8.2E, after paragraph (2), insert—

“(3) A district judge may hear any deduction order appeal.”.

15.  In rule 8.2F, after paragraph (3), insert—

“(4) Paragraph (2)(d) of this rule does not apply in the case of an appeal against the decision of a district judge in proceedings relating to a deduction order appeal.

(5) This rule does not apply to a deduction order appeal.”.

16.  After rule 8.2F insert—

“Appeal court’s powers: deduction order appeals

8.2FF   In the case of a deduction order appeal—

(a) the appeal court has power to—

(i) affirm or set aside the order or decision;

(ii) remit the matter to the Commission for the order or decision to be reconsidered, with appropriate directions;

(iii) refer any application or issue for determination by the Commission;

(iv) make a costs order; and

(b) the appeal court may exercise its powers in relation to the whole or part of an order or decision of the Commission.”.

17.  In rule 8.2G—

(a) at the beginning of paragraph (1), for “Every” substitute “Subject to paragraph (2A), every”;

(b) at the beginning of paragraph (2), for “Unless” substitute “Subject to paragraph (2A), unless”;

(c) after paragraph (2), insert—

“(2A) In the case of a deduction order appeal, the appeal will be a re-hearing, unless the appeal court orders otherwise.”;

(d) in paragraph (3), after “court below” insert “or, in a deduction order appeal, the order or decision of the Commission”; and

(e) for sub-paragraph (b) of paragraph (3), substitute—

“(b) unjust because of a serious procedural or other irregularity in—

(i) the proceedings in the court below; or

(ii) the making of an order or decision by the Commission.”.

18.  In Appendix 1, for Forms C13A, C19, C28, FL401 substitute the forms set out in Schedule 1.

19.  In Appendix 1, for Form FL401A, substitute the form set out in Schedule 2.

20.  In Appendix 3, in the second entry—

(a) in column (i), after “4(3),” insert “4ZA(1)(c), 4ZA(6),”; and

(b) in column (iv), for “the father of the child if he”, substitute “the father or parent (being a woman who is a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008) of the child if that person”.

Mark Potter,P

Duncan Adam

Bruce Edgington

Angela Finnerty

Charles Hyde

David Salter

Philip Waller

I allow these Rules

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

21st July 2009