2003 No. 2839 (L. 35)
The Family Proceedings (Amendment No. 2) Rules 2003
Made
Laid before Parliament
Coming into force in accordance with rule 1(1)
We, the authority having power under section 40(1) of the Matrimonial and Family Proceedings Act 19841 to make rules of court for the purposes of family proceedings in the High Court and county courts, in the exercise of the powers conferred by section 40, make the following Rules:
Citation, commencement and interpretation1
1
These Rules may be cited as the Family Proceedings (Amendment No. 2) Rules 2003 and shall come into force—
a
for the purpose of rules 1 to 3, 5 and 6 and the Schedule, on 1st December 2003; and
b
otherwise, on the date on which section 111 (Parental responsibility of unmarried father) of the Adoption and Children Act 20022 comes into force.
2
In these Rules, unless the context requires otherwise, a reference to a rule, Appendix or form by number alone means the rule, Appendix or form so numbered in the Family Proceedings Rules 19913.
Transitional provisions2
In relation to any of these Rules, other than rules 3, 4, 7 and 8, where proceedings have been commenced before the date on which that Rule comes into force, the Family Proceedings Rules 1991 shall apply to those proceedings as if that Rule had not been made.
Amendments to the Family Proceedings Rules 1991
3
In rule 2.61(1)(dd), for “14” substitute “21”.
4
In rule 4.1(2)(c), for “4(1)(a)” substitute “4(1)(c)”.
5
In Form M5, in paragraph 3 for the words from “within 28 days” to “proceedings” substitute “file in the Court office an answer to the petition, together with a copy for every other party to the proceedings. You must file your answer within 21 days after the time limit for giving notice for intention to defend has expired, which is in turn 7 working days after the notice has been served on you.”.
6
Substitute the forms set out in the Schedule to these Rules for Forms M7(a), M7(b), M7(c), M7(d) and M7(e).
7
In Form C45—
a
for “4(3)” substitute “4(2A)”;
b
before “application of the child” insert “the”.
8
In Appendix 3, for “4(1)(a)” substitute “4(1)(c)”.
SCHEDULE
Rule 2.24(3)
Form M7(a)Affidavit by petitioner in support of petition under Section 1(2)(a) of the Matrimonial Causes Act 1973
Rule 2.24(3)
Form M7(b)Affidavit by petitioner in support of petition under Section 1(2)(b) of the Matrimonial Causes Act 1973
Rule 2.24(3)
Form M7(c)Affidavit by petitioner in support of petition under Section 1(2)(c) of the Matrimonial Causes Act 1973
Rule 2.24(3)
Form M7(d)Affidavit by petitioner in support of petition under Section 1(2)(d) of the Matrimonial Causes Act 1973
Rule 2.24(3)
Form M7(e)Affidavit by petitioner in support of petition under Section 1(2)(e) of the Matrimonial Causes Act 1973
(This note is not part of the Rules)