2008 No. 2447 (L. 12)

Family Proceedings, England And Wales

The Family Procedure (Adoption) (Amendment) Rules 2008

Made

Laid before Parliament

Coming into force

The Family Procedure Rules Committee makes the following Rules in exercise of the powers conferred by section 75(2) and (4) of the Courts Act 20031.

In accordance with section 79 of the Courts Act 20032 the Committee has consulted with persons it considered appropriate.

Citation and commencement1

These Rules may be cited as the Family Procedure (Adoption) (Amendment) Rules 2008 and shall come into force on 3rd November 2008.

Amendment to the Family Procedure (Adoption) Rules 20052

1

The Family Procedure (Adoption) Rules 20053 shall be amended in accordance with this rule.

2

In rule 55(1)(a), at the end insert “(if he consents)”.

3

In rule 95, after paragraph (2) add—

3

This rule does not apply to magistrates’ courts.

Duncan AdamJohn BakerMartyn CookBruce EdgingtonAngela FinnertyMike HinchcliffeCharles HydeSusan JonesClive RedleyDavid SalterNicholas WallPhilip Waller

I allow these Rules

Michael WillsMinister of StateMinistry of Justice
EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Family Procedure (Adoption) Rules 2005 by amending—

a

rule 55(1)(a) (power of the court to make an order appointing the Official Solicitor as litigation friend) so as to clarify that such an order may be made only if the Official Solicitor consents; and

b

rule 95 (Power of the court to proceed in the absence of a party) by adding new paragraph (3) providing that rule 95 is not to apply to magistrates’ courts.

The amendments come into force on 3rd November 2008.