2017 No. 413 (L. 6)
Family Proceedings
Senior Courts Of England And Wales
Family Court, England And Wales

The Family Procedure (Amendment) Rules 2017

Made
Laid before Parliament
Coming into force
The Family Procedure Rule Committee makes the following rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 20031, after consulting in accordance with section 79 of that Act2:

Citation and commencement1.

These Rules may be cited as the Family Procedure (Amendment) Rules 2017 and come into force on 6th April 2017.

Amendment of the Family Procedure Rules 20102.

The Family Procedure Rules 20103 are amended in accordance with rules 3 to 6.

Amendment of Part 103.

(1)

In rule 10.3 (service of the application), after paragraph (1) insert—

“(1A)

An application must not be served personally by the applicant himself or herself.”.

(2)

In rule 10.6 (service of an order), after paragraph (1) insert—

“(1A)

The documents listed in paragraph (1) must not be served personally by the applicant himself or herself.”.

Amendment of Part 114.

(1)

In rule 11.1 (scope and interpretation), after the definition of a forced marriage protection order, insert—

““an individual” means a person (whether legally represented or not) who is not applying for an order on behalf of an organisation, and includes the person who is the subject of the proceedings;”.

(2)

In rule 11.4 (service of applications on notice)—

(a)

in paragraph (1), for “paragraphs (3) and (5)” substitute “paragraph (3)”; and

(b)

after paragraph (1) insert—

“(1A)

Where the applicant is an individual, the application must not be served personally by the applicant himself or herself.”.

(3)

In rule 11.7 (hearings and service of orders), after paragraph (3) insert—

“(3A)

Where the applicant is an individual, the documents listed in paragraph (3) must not be served personally by the applicant himself or herself.”.

Amendment of Part 165.

In rule 16.6(1)(b) (circumstances in which a child does not need a children’s guardian or litigation friend), after “Part 4A of the Family Law Act 1996”, insert “or Part 1 of Schedule 2 to the Female Genital Mutilation Act 20034”.
Richard Burton
Paul Carr
Chris Darbyshire
Jane Harris
Dylan Jones
Lord Justice McFarlane
Hannah Perry
HHJ Alison Raeside
Will Tyler

I allow these Rules

Oliver Heald
Minister of State
Ministry of Justice
EXPLANATORY NOTE
(This note is not part of the Rules)

These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) to—

  • ensure that applicants for certain orders do not, in person, hand over papers to respondents (rules 3(1) and (2) and 4(1), (2)(b) and (3)); and

  • make minor, tidying consequential amendments (rules 4(2)(a) and 5).

No impact assessment has been produced for these Rules, as no, or no significant, impact is anticipated to result from their provisions.