1. These Rules may be cited as the Family Proceedings Courts (Miscellaneous Amendment) Rules 1994 and shall come into force on 11th April 1994.

2. The following amendments shall be made to Schedule 1 to the Family Proceedings Courts (Children Act 1989) Rules 1991(2):-

(a)in Form CHA13 (Application for Financial Provision for Children)(3)-

(i)in the preliminary section, after "If you have ticked "periodical payments" or "secured periodical payments"" there shall be inserted "please tick here if there is a written agreement made before 5th April 1993 about maintenance for the benefit of the child below □. If not";

(ii)for sections 5 and 6 there shall be substituted the provisions contained in the Schedule to these Rules;

(b)in section 4(b) of Form CHA15 (Application for the Variation/Discharge of an Order for Financial Provision for Children)(4), after "If yes, please give details" there shall be inserted "If the assessment has changed, indicate the original sum and the new sum payable".

3. In Schedule 1 to the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991(5), the following shall be inserted in Form 2 (Application for Order under Section 6)(6) before the section headed "My solicitor's address for service"-

"Is the agreement relating to periodical payment(s) to a child of the family in writing?

□ Yes □ No.

If yes, please state the date on which it was made".

Rule 2

SCHEDULE

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Courts (Children Act 1989) Rules 1991 and the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991. As a result of transitional provisions relating to the Child Support Act 1991 (c. 48), the courts retain jurisdiction, in certain circumstances, over written maintenance agreements for the benefit of children made before 5th April 1993. The Rules revise Form 2 of the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 and Form CHA13 of the Family Proceedings Courts (Children Act 1989) Rules 1991 in order to elicit information concerning these agreements.

The Rules also revise Forms CHA13 and CHA15 to take into account the powers of the Child Support Agency after 11th April 1994 to deal with the collection and enforcement of court orders for education and disability expenses and of orders above the Agency's maximum assessment where the Agency is already collecting child maintenance on behalf of the applicant.