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The Adoption (Amendment) Rules 2003

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Amendments to the Adoption Rules 1984

18.  In rule 51—

(a)in paragraph (2)(b) for “the 1998 Rules” substitute “the Civil Procedure Rules” (1); and

(b)after paragraph (2) insert—

(3) Except in the case of an appeal against a decision of an authorised court officer (to which rules 47.20 to 47.23 of the Civil Procedure Rules apply), an appeal against a decision in assessment proceedings relating to costs in proceedings under the Act shall be dealt with in accordance with the following paragraphs of this rule.

(4) An appeal within paragraph (3) shall lie as follows—

(a)where the decision appealed against was made by a district judge of the High Court or a costs judge (as defined by rule 43.2(1)(b) of the Civil Procedure Rules), to a judge of the High Court; or

(b)where the decision appealed against was made by a district judge of a county court, to a judge of that court.

(5) Part 52 of the Civil Procedure Rules applies to every appeal within paragraph (3), and any reference in Part 52 to a judge or a district judge shall be taken to include a district judge of the Principal Registry of the Family Division.

(6) The Civil Procedure Rules shall apply to an appeal to which Part 52 or rules 47.20 to 47.23 of those Rules apply in accordance with paragraph (3) in the same way as they apply to any other appeal within Part 52 or rules 47.20 to 47.23 as the case may be; accordingly the Rules of the Supreme Court 1965 and the County Court Rules 1981 shall not apply to any such appeal..

(1)

The reference is the Civil Procedure Rules 1998 (S.I. 1998/3132 as amended by S.I. 1999/1008, 2000/221, 940, 1317 and 2092 and 2001/256, 1388 and 1769).

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