The Family Procedure (Amendment No. 3) Rules 2016

Statutory Instruments

2016 No. 1013 (L. 18)

Family Proceedings

Senior Courts Of England And Wales

Family Court, England And Wales

The Family Procedure (Amendment No. 3) Rules 2016

Made

17th October 2016

Laid before Parliament

20th October 2016

Coming into force

14th November 2016

The Family Procedure Rule Committee makes the following rules in exercise of the powers conferred by section 75 of the Courts Act 2003(1).

Citation and commencement

1.  These Rules may be cited as the Family Procedure (Amendment No. 3) Rules 2016 and come into force on 14th November 2016.

Amendment to the Family Procedure Rules

2.  In rule 14.2 (application for a serial number) of the Family Procedure Rules 2010(2)—

(a) in the heading, for “Application for” substitute “Assignment of”;

(b) for paragraphs (2) and (3), substitute—

“(2) In a case under paragraph (1)(a), a serial number must be assigned to identify the person intending to adopt the child in connection with the proceedings in order for the person’s identity to be kept confidential in those proceedings.

(3) In a case under paragraph (1)(b), a serial number must be assigned to the person in whose favour the adoption order has been made to keep the identity of the person confidential in proceedings referred to in paragraph (1)(b).”; and

(c) in paragraph (5), for “If” substitute “When”.

Marie Brock

Richard Burton

Melanie Carew

Paul Carr

Chris Darbyshire

Jane Harris

Dylan Jones

Lord Justice McFarlane

Hannah Perry

HHJ Alison Raeside

Lucy Theis, J

I allow these Rules

Sir Oliver Heald QC

Parliamentary Under Secretary of State

Ministry of Justice

17th October 2016

EXPLANATORY NOTE

(This note is not part of the Rules)

These rules amend rule 14.2 of the Family Procedure Rules 2010 (S.I. 2010/2955), which makes provision for the assignment of serial numbers to adoptive parents or prospective adoptive parents in proceedings for adoption and certain other proceedings, in order to keep their identity confidential. The amendments replace existing provision, requiring an application before a serial number is assigned, with provision for mandatory assignment of serial numbers in such cases.

No impact assessment has been produced for this instrument because no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2003 c.39. Section 75 was amended by paragraph 338 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005 (c.4) and by paragraph 91 of Schedule 10 to the Crime and Courts Act 2013 (c.22).

(2)

S.I. 2010/2955. Rule 14.2 was substituted by S.I. 2014/843.