Social Services and Well-being (Wales) Act 2014

[F1125B.Rules of courtE+W

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(1)An authority having power to make rules of court may make such provision for giving effect to—

(a)this Part, or

(b)the provisions of any statutory instrument made under this Part,

as it appears to that authority to be necessary or expedient.

(2)Section 93 of the Children Act 1989 (rules of court) applies to rules made in accordance with this section as it applies to rules made in accordance with that section.

The rules may, in particular, make provision—

(a)with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced);

(b)as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court;

(c)for children to be separately represented in relevant proceedings;

(d)with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings;

(e)with respect to preliminary hearings;

(f)enabling the court, in such circumstance as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings.

(3)In subsection (2)—

  • “notice of proceedings” (“hysbysiad o achos”) means a summons or such other notice of proceedings as is required; and “given” (“rhoi”) in relation to a summons, means “served” (“cyflwyno”);

  • “prescribed” (“a ragnodir”) means prescribed by the rules; and

  • “relevant proceedings” (“achos perthnasol”) means any application made, or proceedings brought, under any of the provisions mentioned in paragraphs (a) to (c) of subsection (1) and any part of such proceedings.

(4)This section and any other power in this Act to make rules of court are not to be taken as in any way limiting any other power of the authority in question to make rules of court.

(5)When making any rules under this section an authority will be subject to the same requirement as to consultation (if any) as apply when the authority make rules under its general rule making power.]

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