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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Family Proceedings (Amendment) Rules 2001 No. 821 (L. 18) URL: http://www.bailii.org/uk/legis/num_reg/2001/20010821.html |
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Made | 6th March 2001 | ||
Laid before Parliament | 9th March 2001 | ||
Coming into force in accordance with rule 1 |
Transitional provisions
3.
- (1) Where -
that person shall, for the purposes of the Family Proceedings Rules 1991, be treated as if he had been appointed -
as the case may be.
(2) Where -
the person in the office of the Official Solicitor who had day to day conduct of the proceedings shall, for the purposes of the Family Proceedings Rules 1991, be treated as if he had been appointed
as the case may be.
that person shall, for the purposes of the Family Proceedings Rules 1991, be treated as the children and family reporter in those proceedings.
5.
The amendments to the Family Proceedings Rules 1991 made by rules 11 and 37 below shall not apply in respect of proceedings commenced before 1st April 2001.
6.
The amendments to the Family Proceedings Rules 1991 made by rules 9 and 29 below shall not apply in respect of proceedings commenced before 1st March 2001.
Amendments to the Family Proceedings Rules 1991
7.
In the Arrangement of Rules -
7.40
Interpretation
7.41
Filing of applications
7.42
Application for registration
7.43
Evidence in support of application
7.44
Order for registration
7.45
Register of judgments
7.46
Notice of registration
7.47
Enforcement of judgment
7.48
Application for recognition
7.49
Enforcement of judgments in other Contracting States
7.50
Authentic instruments and court settlements"; and
9.
After rule 2.27 insert the following rule -
10.
In rule 2.70(5) for the words "pursuant to" substitute "for the purposes of".
11.
For rule 3.13, substitute -
(d) if the petitioner, the person whose parentage is in issue or the person whose parenthood is in issue, is known by a name other than that which appears in the certificate of his birth, that other name shall also be stated in the petition and in any decree made thereon;
(e) if it is known, the full name of the mother, or alleged mother, of the person whose parentage is in issue, at the date of -
if it was at any of those times different from her full name at the date of the presentation of the petition;
(f) the grounds on which the petitioner relies and all other material facts alleged by him to justify the making of the declaration;
(g) whether there are or have been any other proceedings in any court, tribunal or authority in England or Wales or elsewhere relating to the parentage of the person whose parentage is in issue or to the parenthood of the person whose parenthood is in issue, and, if so -
(h) that either the person whose parentage is in issue or the person whose parenthood is in issue -
(i) the nationality, citizenship or immigration status of the person whose parentage is in issue and of the person whose parenthood is in issue, and the effect which the granting of a declaration of parentage would have upon the status of each of them as regards his nationality, citizenship or right to be in the United Kingdom.
(2) Unless otherwise directed, there shall be annexed to the petition a copy of the birth certificate of the person whose parentage is in issue.
(3) The respondents to the application shall be -
excluding the petitioner.
(4) The prescribed officer for the purposes of section 55A(7) of the Act of 1986 shall be the family proceedings department manager of the principal registry.
(5) Within 21 days after a declaration of parentage has been made, the prescribed officer shall send to the Registrar General a copy of the declaration in Form M30 and the petition.".
(b) omit the definition of "guardian ad litem"; and
(c) in the definition of "welfare officer", for "section 7", substitute "section 7(1)(b)".
16.
In the remaining provisions of Part IV,
(b) in paragraph (4) -
19.
For rule 4.11 substitute -
(3) In addition to his duties, under other paragraphs of this rule, or rules 4.11A and 4.11B, the officer of the service shall provide to the court such other assistance as it may require.
(4) A party may question the officer of the service about oral or written advice tendered by him to the court.".
(2) Where the children's guardian is an officer of the service authorised by the Service in the terms mentioned by and in accordance with section 15(1) of the Criminal Justice and Court Services Act 2000, paragraph (1)(a) shall not require him to appoint a solicitor for the child if he intends to have conduct of the proceedings on behalf of the child unless -
(3) Where it appears to the children's guardian that the child -
he shall inform the court and from then he -
(4) Unless excused by the court, the children's guardian shall attend all directions appointments in and hearings of the proceedings and shall advise the court on the following matters -
(5) The advice given under paragraph (4) may, subject to any order of the court, by given orally or in writing; and if the advice be given orally, a note of it shall be taken by the court or the proper officer.
(6) The children's guardian shall, where practicable, notify any person whose joinder as a party to those proceedings would be likely, in the opinion of the children's guardian, to safeguard the interests of the child of that person's right to apply to be joined under rule 4.7(2) and shall inform the court -
(7) The children's guardian shall, unless the court otherwise directs, not less than 14 days before the date fixed for the final hearing of the proceedings -
(8) The children's guardian shall serve and accept service of documents on behalf of the child in accordance with rule 4.8(3)(b) and (4)(b) and, where the child has not himself been served, and has sufficient understanding, advise the child of the contents of any document so served.
(9) If the children's guardian inspects records of the kinds referred to in section 42, he shall bring to the attention of -
all records and documents which may, in his opinion, assist in the proper determination of the proceedings.
(10) The children's guardian shall ensure that, in relation to a decision made by the court in the proceedings -
Additional powers and duties of a children and family reporter
4.11B.
- (1) The children and family reporter shall -
the children and family reporter shall -
23.
In rule 4.14, for sub-paragraph (d) of paragraph (2) substitute -
(b) for paragraph (3) substitute -
(c) after paragraph (3) insert -
28.
In rules 7.23, 7.25, 7.26(2) (in each place where they occur), 7.27(1), (2) and (3), and 7.29(3)(b), (4) and (5), for the words "clerk of" substitute the words "justices' chief executive for".
29.
After rule 7.39, insert the following chapter -
7.40
Interpretation
In this chapter "judgment" is to be construed in accordance with the definition in Article 13 of the Council Regulation.
7.41
Filing of applications
Every application to the High Court under the Council Regulation, other than an application under rule 7.49 for a certified copy of a judgment, shall be filed[a] with the principal registry.
7.42
Application for registration
An application for registration of a judgment under Article 21(2) of the Council Regulation shall be made without notice being served on any other party.
7.43
Evidence in support of application
(1) An application for registration under Article 21(2) of the Council Regulation must be supported by a statement that is sworn to be true or an affidavit -
(b) stating -
(c) giving an address within the jurisdiction of the court for service of process on the party making the application and stating, so far as is known to the witness, the name and the usual or last known address or place of business of the person against whom judgment was given; and
(d) stating to the best of the information or belief of the witness -
7.44
Order for registration
(1) An order giving permission to register a judgment under Article 21(2) of the Council Regulation must be drawn up by the court.
(2) Every such order shall state the period within which an appeal may be made against the order for registration and shall contain a notification that the court will not enforce the judgment until after the expiration of that period.
(3) The notification referred to in paragraph (2) shall not prevent any application for protective measures under Article 12 of the Council Regulation pending final determination of any issue relating to enforcement of the judgment.
7.45
Register of judgments
There shall be kept in the principal registry by the proper officer a register of the judgments ordered to be registered under Article 21(2) of the Council Regulation.
7.46
Notice of registration
(1) Notice of the registration of a judgment under Article 21(2) of the Council Regulation must be served on the person against whom judgment was given by delivering it to him personally or by sending it to him at his usual or last known address or place of business or in such other manner as the court may direct.
(2) Permission is not required to serve such a notice out of the jurisdiction and rule 10.6 shall apply in relation to such a notice.
(3) The notice of the registration must state -
7.47
Enforcement of judgment
(1) A judgment registered under Article 21(2) of the Council Regulation shall not be enforced until after the expiration of the period specified in accordance with rule 7.44(2) or, if that period has been extended by the Court, until after the expiration of the period so extended.
(2) Any party wishing to apply for the enforcement of a judgment registered under Article 21(2) of the Council Regulation must produce to the proper officer a witness statement or affidavit of service of the notice of registration of the judgment and of any order made by the court in relation to the judgment.
(3) Nothing in this rule shall prevent the court from granting protective measures under Article 12 of the Council Regulation pending final determination of any issue relating to enforcement of the judgment.
7.48
Application for recognition
(1) Registration of the judgment under these rules shall serve for the purposes of Article 14(3) of the Council Regulation as a decision that the judgment is recognised.
(2) Where it is sought to apply for recognition of a judgment, the rules of this chapter shall apply to such application as they apply to an application for registration under Article 21(2) of the Council Regulation, with the exception that the applicant shall not be required to produce -
7.49
Enforcement of judgments in other Contracting States
(1) Subject to rules 10.16(2) and 10.20, an application for a certified copy of a judgment referred to in Article 32(1) of the Council Regulation must be made to the court which made the order on a witness statement or affidavit without notice being served on any other party.
(2) A witness statement or affidavit by which such an application is made must -
(3) The certified copy of the judgment shall be an office copy sealed with the seal of the court and signed by the district judge and there shall be issued with the copy of the judgment a certified copy of any order which has varied any of the terms of the original order.
7.50
Authentic instruments and court settlements
Rules 7.40 to 7.49 (except rule 7.43(1)(a)(ii)) shall apply to an authentic instrument and a settlement to which Article 13(3) of the Council Regulation applies, as they apply to a judgment subject to any necessary modifications.".
30.
In rule 8.1A(2) for the words "justices' clerk of" there shall be substituted the words "justices' chief executive for" and in rule 8.1A(4) for the words "justices' clerk" there shall be substituted the words "justices' chief executive".
31.
In rule 9.5 -
to be the guardian ad litem of the child with authority to take part in the proceedings on the child's behalf.";
33.
In rule 10.15(5), for "section 56(1)(a)" substitute "section 55A".
34.
In rule 10.26 -
35.
In Form M5 (Notice of proceedings), after the words "Notes on Questions in the Acknowledgement of Service" insert -
36.
In Form M6 (Acknowledgement of service), after question 1 in the first column, insert -
1B.
In which country are you -
Of which country are you a national?
1C.
Do you agree with the statement of the petitioner as to the grounds of jurisdiction set out in the petition? If not, please state the grounds on which you disagree with the statement of the petitioner.".
38.
For Forms C1 (Application for an order) and C9 (Statement of Service), substitute the forms in Schedule 1 to these Rules.
39.
In Form C7 (Acknowledgement) for the words "Clerk to the Justices" there shall be substituted the words "Chief Executive to the Justices".
40.
In Form C42 (Family Assistance Order), for "a probation officer" substitute "an officer of the service".
41.
In Form C47 (Order), wherever it appears, and in Form C48 (Order), for "guardian ad litem" substitute "children's guardian".
42.
In the Notes to Form FL416 (Notice to mortgagees and landlords) for the words "Clerk to the Justices" there shall be substituted the words "Chief Executive to the Justices".
43.
In paragraph (1) of Appendix 2 -
(b) in each of sub-paragraphs (c) and (d), after the words "has jurisdiction", insert -
[2] S.I. 1991/1247. The relevant amending instruments are S.I. 1992/456, 1992/2067, 1993/295, 1994/2165, 1994/3155, 1997/1056, 1997/1893 and 2000/2267.back
[3] 1989 c. 41; section 41 was amended by the Courts and Legal Services Act (c. 41), Schedule 16, paragraph 17 and is amended by the Criminal Justice and Court Services Act 2000 (c. 43), Schedule 7, Part II, paragraphs 87 and 91 and Schedule 8.back
[4] OJ No. L160, 30.6.2000, p.19.back
[6] 1986 c. 55; section 55A was inserted by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 83.back
[7] The Child Support Act 1991, c. 48.back
[8] Section 41 of the Children Act 1989 (c. 41) was amended by the Courts and Legal Services Act 1990 (c. 41), section 116, schedule 16, paragraph 17; and by the Criminal Justice and Court Services Act 2000 (c. 43), section 74, schedule 7, part II, paragraphs 87 and 91(a).back
[9] 1997 c. 25. Section 62(3A) was inserted by the Criminal Justice and Court Services Act 2000 (c. 43), section 17(1).back
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