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The Family Proceedings Rules 1991

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Transitional Provisions

10.23—(1) Subject to paragraph (2) below, these rules shall apply, so far as practicable, to any proceedings pending on the day on which they come into force.

(2) Rule 8.1 shall not apply to an appeal from an order or decision made or given by a district judge in matrimonial proceedings in a divorce county court where notice of appeal has been filed before the day on which these rules come into force.

(3) Where, by reason of paragraph (1) above, these rules do not apply to particular proceedings pending on the day on which they come into force, the rules in force immediately before that day shall continue to apply to those proceedings.

(4) Nothing in this rule shall be taken as prejudicing the operation of the provisions of the Interpretation Act 1978(1) as regards the effect of repeals.

(5) Without prejudice to the generality of paragraph (1) above (and for the avoidance of doubt) rule 2.39 shall not apply to any proceedings which are pending within the meaning of paragraph 1(1) of Schedule 14 to the Children Act 1989(2).

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