PART 4AMENDMENTS TO SECONDARY LEGISLATION
Amendment of the Magistrates’ Courts Rules 1981
16.
(a)
for “and” substitute “,”; and
(b)
Amendment of the Civil Procedure Rules 1998
17.
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)
(ii)
after “s.141” insert “or Courts Act 2003, s.75”.
19.
Amendment of the Data Protection (Subject Access Modification) (Health) Order 2000
20.
(a)
after “1997” for “or” substitute “,”; and
(b)
after “1996” insert “or the Family Procedure Rules 2010”.
Amendment of the Data Protection (Subject Access Modification) (Social Work) Order 2000
21.
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)
“(v)
data processed by any children’s guardian appointed under rule 16.3(1)(i) or rule 16.4 of the Family Procedure Rules 2010;
(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.”; and
(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 2000
25.
(a)
“In the Family Procedure Rules 2010: 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).”; and
(b)
“Rules made under section 75 of the Courts Act 2003 by virtue of section 141(1) of the Adoption and Children Act 200221, as applied with modifications by regulation 2 of Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 201022, 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.
27.
In regulation 2(d), for “Family Proceedings Rules 1991” substitute “Family Procedure Rules 2010”.
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 2001
29.
Amendment of the Dissolution etc (Pensions) Regulations 2005
30.
31.
In regulation 2(e) for “Family Proceedings Rules 1991” substitute “Family Procedure Rules 2010”.
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 2007
33.
(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 2010 (“the 2010 Rules”)”; and
(b)
in paragraphs (2) and (3), for “2005” substitute “2010”.
Amendment of the Family Proceedings Fees Order 2008
34.
35.
“(b)
“the FPR 2010” means the Family Procedure Rules 2010; 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)
“On filing an application to start proceedings, where no other fee is specified.”;
(b)
“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)
“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)
“On filing an answer to an application for a matrimonial or civil partnership order.”;
(e)
“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)
“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)
“(c)
a civil restraint order under rule 4.8 of the FPR 2010 or the practice direction referred to in that rule.”.