PART 3AMENDMENTS TO SECONDARY LEGISLATION
Amendment of the Magistrates’ Courts Rules 198116
In the Magistrates’ Courts Rules 19819 in the entry in the Arrangement of Rules relating to rule 3, in the heading to rule 3 and in rule 3—
a
for “and” substitute “,”; and
b
after “1991” the second time it appears, insert “and the Family Procedure Rules 201010.”.
Amendment of the Civil Procedure Rules 1998
17
The Civil Procedure Rules 199811 are amended as provided in articles 18 and 19.
18
In the table following rule 2.1(2)—
a
in entry 5 (Family proceedings), in the second column, omit the current words and substitute “Courts Act 2003, s.75”; and
b
in entry 6 (Adoption proceedings), in the second column—
i
omit “Adoption Act 1976, s.66 or”; and
ii
after “s.141” insert “or Courts Act 2003, s.75”.
19
In rule 57.15(2), for “the Family Proceedings Rules 1991”, substitute “the Family Procedure Rules 201012”.
Amendment of the Data Protection (Subject Access Modification) (Health) Order 200020
In article 4(2) of the Data Protection (Subject Access Modification) (Health) Order 200013—
a
after “1997” for “or” substitute “,”; and
b
after “1996” insert “or the Family Procedure Rules 201014”.
Amendment of the Data Protection (Subject Access Modification) (Social Work) Order 2000
21
The Data Protection (Subject Access Modification) (Social Work) Order 200015 is amended as provided in articles 22 to 24.
22
In article 5(2)(a), for “(t) or (tt)” substitute “(t), (tt), (v) or (w)”.
23
In article 7(2), in section 7(12)(a) of the Data Protection Act 1998 as modified, for “(t) or (tt)” substitute “(t), (tt), (v) or (w)”.
24
In the Schedule—
a
after paragraph 1(u) insert—
v
data processed by any children’s guardian appointed under rule 16.3(1)(i) or rule 16.4 of the Family Procedure Rules 201016;
w
data processed by any officer of the Children and Family Court Advisory and Support Service or Welsh family proceedings officer for the purpose of the functions referred to in rule 16.33 (insofar as it applies to proceedings to which Part 12 of the Family Procedure Rules 2010 applies) or 16.38(1) of the Family Procedure Rules 2010.
b
in paragraph 2—
i
after “1996” for “or” substitute “,”; and
ii
after “the Family Proceedings Rules 1991” insert “or the Family Procedure Rules 2010”.
Amendment of the Data Protection (Miscellaneous Subject Access Exemptions) Order 200025
In Part II of the Schedule to the Data Protection (Miscellaneous Subject Access Exemptions) Order 200017—
a
at the end of paragraph (a) insert—
In the Family Procedure Rules 201018: rules 14.6, 14.11, 14.12, 14.13, 14.14, 14.24, 16.20 (insofar as it applies to a children’s guardian appointed in proceedings to which Part 14 of those Rules applies), 16.32 and 16.33 (insofar as it applies to a children and family reporter in proceedings to which Part 14 of those Rules applies).
b
at the end of paragraph (c) insert—
Rules made under section 75 of the Courts Act 2003 by virtue of section 141(1) of the Adoption and Children Act 2002, as applied with modifications by regulation 2 of Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010, so far as the rules relate to the appointment and duties of the parental order reporter and the keeping of registers, custody, inspection and disclosure of documents and information relating to parental order proceedings or related proceedings.
Amendment of the Divorce etc (Pensions) Regulations 2000
26
The Divorce etc (Pensions) Regulations 200019 are amended as provided in articles 27 and 28.
27
In regulation 2(d), for “Family Proceedings Rules 1991” substitute “Family Procedure Rules 201020”.
28
In regulation 4(3)(c), 6(2)(a) and (4), 7(3) and 7A(3), for “rule 2.70” substitute “rule 9.33 or 9.34”.
Amendment of the Litigants in Person (Costs and Expenses) (Magistrates’ Courts) Order 200129
In article 3 of the Litigants in Person (Costs and Expenses) (Magistrates’ Courts) Order 200121, after “1980” insert “or under section 75 of the Courts Act 2003”.
Amendment of the Dissolution etc (Pensions) Regulations 2005
30
The Dissolution etc (Pensions) Regulations 200522 are amended as provided in articles 31 and 32.
31
In regulation 2(e) for “Family Proceedings Rules 1991” substitute “Family Procedure Rules 201023”.
32
In regulations 4(3)(c), 6(2)(a) and (4), 7(3) and 7A(3), for “rule 2.70” substitute “rule 9.33 or 9.34”.
Amendment of the Court of Protection Rules 200733
In rule 39 of the Court of Protection Rules 200724—
a
in paragraph (1), for “The rules in Section 2 of Part 6 of the Family Procedure (Adoption) Rules 2005 (“the 2005 Rules”)”, substitute “The rules in Chapter 4 of Part 6 of the Family Procedure Rules 201025 (“the 2010 Rules”)”; and
b
in paragraphs (2) and (3), for “2005” substitute “2010”.
Amendment of the Family Proceedings Fees Order 2008
34
The Family Proceedings Fees Order 200826 is amended as provided in articles 35 to 37.
35
For article 1(2)(b), substitute—
b
“the FPR 2010” means the Family Procedure Rules 201027; and
c
expressions also used in the FPR 2010 have the same meaning as in the FPR 2010.
36
In column 1 of Schedule 1—
a
for the description of fee 1.1 substitute—
On filing an application to start proceedings, where no other fee is specified.
b
for the description of fee 1.2 substitute—
On presenting any application for—
a
a matrimonial or civil partnership order, other than an application to which rule 7.7(1)(b) of the FPR 2010 applies;
b
a declaration to which Chapter 5 of Part 8 of the FPR 2010 applies.
c
for the description of fee 1.4 substitute—
On amending an application for a matrimonial or civil partnership order, amending an application for a declaration to which Chapter 5 of Part 8 of the FPR 2010 applies, or making an application to which rule 7.7(1)(b) of the FPR 2010 applies.
d
for the description of fee 1.5 substitute—
On filing an answer to an application for a matrimonial or civil partnership order.
e
for the description of fee 4.2 substitute—
On an application under rule 7.19 of the FPR 2010 for the court to consider the making of a decree nisi, a conditional order, a decree of judicial separation or a separation order (other than in an undefended case where no fee is payable).
f
for the description of fee 4.4 substitute—
On the filing of—
a
a notice of intention to proceed with an application for a financial order to which rule 9.4(a) of the FPR 2010 applies; or
b
an application for a financial order to which rule 9.4(b) of the FPR 2010 applies,
other than an application for a consent order.
g
in the description of fee 5.1, for “a notice of appeal” substitute “an appeal notice”;
h
in the description of fee 10.1, after “enforcement of a judgment” insert “, or on an application to which rule 33.3(2)(b) of the FPR 2010 applies”; and
i
in the description of fee 10.2, for “garnishee order” substitute “third party debt order”.
37
In paragraph 1(1) of Schedule 2, in the definition of “restraint order”—
a
in paragraph (a) omit “or”;
b
in paragraph (b), for “.” substitute “; or”; and
c
after paragraph (b) insert—
c
a civil restraint order under rule 4.8 of the FPR 2010 or the practice direction referred to in that rule.
Amendment of the Allocation and Transfer of Proceedings Order 200838
In article 15(1) of the Allocation and Transfer of Proceedings Order 200828, omit sub-paragraph (h).