The Family Proceedings Courts (Matrimonial Proceedings etc.) (Amendment) Rules 2007

Statutory Instruments

2007 No. 1628 (L. 11)

magistrates’ courts, england and wales

The Family Proceedings Courts (Matrimonial Proceedings etc.) (Amendment) Rules 2007

Made

6th June 2007

Laid before Parliament

8th June 2007

Coming into force

1st July 2007

The Lord Chief Justice with the concurrence of the Lord Chancellor, after having consulted with the rule committee appointed under section 144(A1) of the Magistrates’ Courts Act 1980(1), makes the following Rules in exercise of the powers conferred by section 144 of the Magistrates’ Courts Act 1980:

Citation, commencement and interpretation

1.  These Rules may be cited as the Family Proceedings Courts (Matrimonial Proceedings etc.) (Amendment) Rules 2007 and shall come into force on 1st July 2007.

Amendments to the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

2.  The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991(2) are amended in accordance with rules 3 to 8.

3.  In rule 3A—

(a) for paragraph (3), substitute—

“(3) An application in Form FL401 shall be supported by a statement which is signed and is declared to be true.”; and

(b) in paragraph (4)(b), for “evidence” substitute “statement”.

4.  In rule 12 for paragraph (8) substitute—

“(8) The designated officer for the court shall supply a copy of the record of the reasons for a decision made in pursuance of paragraph (5)(b) to—

(a) a party in proceedings under Part IV of the Family Law Act 1996; and

(b) to any other person, if satisfied that it is required in connection with an appeal or possible appeal,

if so requested by such person.”.

5.—(1) In rule 12A—

(a) in paragraph (1)—

(i) in sub-paragraph (a), omit “and”;

(ii) in sub-paragraph (b)—

(aa) after “any”, insert “occupation”; and

(bb) after “FL404”, insert—

• “, and

(c) any non-molestation order made on the hearing shall be issued in Form FL404a”.

(2) In paragraph (2) after “with”, insert “a copy of the record of the reasons for a decision made in pursuance of rule 12(5)(b), ”.

6.  In rule 20—

(a) for paragraph (1), substitute—

“(1) Where a power of arrest is attached to one or more of the provisions (“the relevant provisions”) of an occupation order under the Family Law Act 1996, the relevant provisions shall be set out in Form FL406 and the form shall not include any provisions of the order to which the power of arrest was not attached.

(1A) Where the court makes a non-molestation order under that Act or paragraph (1) applies, the following documents shall be delivered to the officer for the time being in charge of any police station for the applicant’s address or of such other police station as the court may specify—

(a) a copy of Form FL404a or FL406, as the case may be; and

(b) a statement showing that the respondent has been served with the order or informed of its terms (whether by being present when the order was made or by telephone or otherwise).

(1B) The documents referred to in paragraphs (1A)(a) and (b) shall be delivered by—

(a) the applicant, if the applicant is responsible for serving the order on the respondent in accordance with rule 12A(2) or 12(5); or

(b) the designated officer for the court, if the designated officer for the court is responsible for serving the order on the respondent in accordance with rule 12A(3).”.

(b) in paragraph (2)—

(i) after “relevant provisions”, insert “of the occupation order or, as the case may be, any provisions of the non-molestation order”; and

(ii) in sub-paragraph (a), for “the form under paragraph (1)”, substitute “any form under paragraph (1A)”.

(c) in paragraph (3), after “the respondent”, insert “under section 47(8) of the Family Law Act 1996”;

(d) at the beginning of paragraph (4)(b)(i), insert “Unless the court directs otherwise,”;

(e) in paragraph (6)(a), after “FL404”, insert “or FL404a, as the case may be,”;

(f) in paragraph (22)—

(i) after “power of arrest”, insert “attached to an occupation order under section 47(2) or (3) of the Family Law Act 1996”; and

(ii) after “warrant of arrest”, insert “issued on an application under section 47(8) of that Act”.

7.  In rule 21(1)—

(a) after “power of arrest”, insert “attached to an occupation order under section 47(2) or (3) of the Family Law Act 1996”; and

(b) after “warrant of arrest”, insert “issued on an application under section 47(8) of that Act”.

8.  In Schedule 1—

(a) in the list of forms—

(i) for the entry in the second column relating to Form FL404, substitute “Occupation Order”; and

(ii) after the entry relating to Form FL404, in the first column insert “FL404a” and in the second column insert “Non-Molestation Order”.

(b) for Form FL404, substitute Form FL404 set out in the Schedule to these Rules;

(c) after Form FL404, insert Form FL404a as set out in the Schedule to these Rules; and

(d) for Form FL406, substitute Form FL406 set out in the Schedule to these Rules.

Transitional Provisions

9.  Where—

(a) a power of arrest has been attached to a non-molestation order under Part IV of the Family Law Act 1996 before the commencement of these Rules; and

(b) that power of arrest still has effect,

the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991 in force immediately before the commencement of these Rules shall apply—

(i) following any arrest made under the power of arrest attached to the non-molestation order; or

(ii) to any application for bail made under rule 21(1) if the arrest is made before these Rules come into force and the arrested person is being held on remand.

Phillips of Worth Matravers, CJ

5th June 2007

I concur

Harriet Harman

Minister of State

Ministry of Justice

6th June 2007

Rule 8

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991 following the amendment made by section 1 of the Domestic Violence, Crime and Victims Act 2004 (C.28) providing that breach of a non-molestation order is a criminal offence. Repeals made in Schedule 11 and consequential amendments made in Schedule 10 to the Domestic Violence, Crime and Victims Act 2004 also limit the power of the court to attach a power of arrest to an occupation order only.

Rule 3 provides that applications for an occupation or a non-molestation order must be supported by a statement.

Rule 4 provides that the designated officer for the court shall supply a copy of the record of the reasons for a decision to the parties in proceedings under Part IV of the Family Law Act 1996 and to other persons on request in other proceedings caught by these Rules.

Rule 5 provides that occupation orders and non-molestation orders are to be issued on Form FL404 and Form FL404a respectively and that a copy of the record of the reasons for a decision is served upon the respondent.

Rule 6 provides that where the court attaches a power of arrest to an occupation order that the relevant provisions of that order are to be set out on Form FL406. This rule also provides for service upon the officer for the time being in charge of any police station for the applicant’s address or of such other police station as the court may specify.

Rule 7 makes consequential amendments to rule 21(1) regarding applications for bail.

Rule 8 introduces amendments to existing forms and Form FL404a.

Rule 9 provides for transitional provisions.

(1)

1980 c.43; sub-section (A1) was inserted by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraphs 99 and 102 and sub-section (1) was amended by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraphs 99 and 102 and the Courts Act 2003 (c.39), Schedule 8, paragraph 245 (on a date to be appointed).

(2)

S.I. 1991/1991; relevant amending instruments are S.I. 1997/1894, S.I. 2005/617 and S.I. 2005/2930.