Statutory Instruments
2004 No. 3375 (L. 25)
FAMILY PROCEEDINGS, ENGLAND AND WALES
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS, ENGLAND AND WALES
The Family Proceedings (Amendment) Rules 2004
Made
20th December 2004
Laid before Parliament
22nd December 2004
Coming into force
31st January 2005
We, the authority having power under section 40(1) of the Matrimonial and Family Proceedings Act 1984( 1 ) to make rules of court for the purposes of family proceedings in the High Court and county courts, in the exercise of the powers conferred by section 40, make the following Rules:
Citation, commencement and interpretation
1. —(1) These Rules may be cited as the Family Proceedings (Amendment) Rules 2004 and shall come into force on 31st January 2005.
(2) In these Rules a reference to a rule, Appendix or form by number alone means the rule, Appendix or form so numbered in the Family Proceedings Rules 1991( 2 ) (“the 1991 Rules”).
Transitional provisions
2. Where proceedings have been commenced before these Rules come into force, the 1991 Rules shall apply to those proceedings as if these Rules, except rule 8(d), had not been made.
Amendments to the 1991 Rules
3. In rule 4.4(1)(b), after “Forms” insert “C1A,”.
4. In rule 4.4(1A)(a)—
(a) in sub-paragraph (i), for “C1 to C4” substitute “C1, C2, C3, C4”; and
(b) in sub-paragraph (ii), after “as may be appropriate,” insert—
“ and (iii) in the case of an application for a section 8 order or an order under section 4(1)(c) where question 7 on Form C1, or question 4 on Form C2, is answered in the affirmative, supplemental Form C1A, ” .
5. In rule 4.4(2)(c), at the end add “, and, in the case of an application for a section 8 order or an order under section 4(1)(c), Form C1A”.
6. In rule 4.9(1)—
(a) after “service of” insert “an application for an order under section 4(1)(c),”;
(b) after “C7” insert “and, if both parts of question 6 or question 7 (or both) on Form C7 are answered in the affirmative, Form C1A”.
7. In rule 4.9(3), after “4.3” insert “, for an order under section 4(1)(c)”.
8. In Appendix 1—
(a) in the list of forms after the entry relating to Form C1, in the first column insert “C1A” and in the third column insert “Supplemental Information Form”;
(b) substitute the forms set out in Schedule 1 to these Rules for Forms C1, C2 and C7;
(c) insert as Form C1A the form set out in Schedule 2 to these Rules; and
(d) for “registered health visitor” substitute “registered midwife” in-
(i) question 4 in Form C11;
(ii) question 3 in Form C12;
(iii) question 6 in Form C19; and
(iv) the section headed “The Court Directs” in Forms C25 and C28.
Falconer of Thoroton, C.
Elizabeth Buttler-Sloss, P.
Peter Hunt
Rachel Evans
Claire Jakens
Godfrey Freeman
Mark Harper
20th December 2004
Rule 8(b)
SCHEDULE 1
Rule 8(c)
SCHEDULE 2
1984 c. 42 ; amended by paragraph 50 of Schedule 18 to the Courts and Legal Services Act 1990 (c. 41) and paragraph 278 of Schedule 8, and Schedule 10, to the Courts Act 2003 from a date to be appointed.
S.I. 1991/1247 ; amended by S.I. 1994/3155 ; there are other amending instruments but none is relevant.