Statutory Instruments
2009 No. 2025 (L. 21)
Magistrates’ Courts, England And Wales
The Family Proceedings Courts (Miscellaneous Amendments) (No.2) Rules 2009
Made
21st July 2009
Laid before Parliament
22nd July 2009
Coming into force
1st September 2009
The Lord Chief Justice, with the concurrence of the Lord Chancellor, after having consulted the rule committee appointed under section 144(A1) of the Magistrates’ Courts Act 1980( 1 ), makes the following Rules in exercise of the powers conferred by section 144 of the Magistrates’ Courts Act 1980:
Citation and commencement
1. These Rules may be cited as the Family Proceedings Courts (Miscellaneous Amendments) (No.2) Rules 2009 and come into force on the 1 st September 2009.
Amendment to the Family Proceedings Courts (Children Act 1989) Rules 1991
2.The Family Proceedings Courts (Children Act 1989) Rules 1991( 2 ), are amended in accordance with rules 3 to 8.
3. In rule 2.5(c), after “4(3)(b),” insert “4ZA(6)(b),”.
4. In rule 4, after “4(1)(c)”, wherever it occurs, insert “,4ZA(1)(c) or 4A(1)(b)”.
5. In rule 9, after “4(1)(c)”, insert “,4ZA(1)(c) or 4A(1)(b)”.
6. In rule 21A, in the definition of “the birth father”, after “section 28 of the 1990 Act” insert “or by sections 35 to 40 of the Human Fertilisation and Embryology Act 2008( 3 )”.
7. In Schedule 1, for Forms C13A, C19 and C28, substitute the forms set out in Schedule 1 to these Rules.
8. In Schedule 2, in the second entry—
(a) in column (i), after “4(3),” insert “4ZA(1)(c), 4ZA(6),”; and
(b) in column (iv), for “the father of the child if he”, substitute “the father or parent (being a woman who is a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008) of the child if that person”.
Amendment to the Family Proceedings Courts (Matrimonial Proceedings etc. ) Rules 1991
9. In Schedule 1 to the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991( 4 ), for Form FL401 substitute the form set out in Schedule 2 to these Rules.
Lord Judge,C.J.
I concur
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
21st July 2009
Rule 7
SCHEDULE 1
Rule 9
SCHEDULE 2
1980 c.43 . Section 144 was amended by section 125(3) of and paragraph 25 of Schedule 18 to the Courts and Legal Services Act 1990 (c.41) , section 78(2) of and paragraphs 26 and 29 of Schedule 11 to the Access to Justice Act 1999 (c.22) , section 109(1) and (3) of and paragraph 245 of Schedule 8 and Schedule 10 to the Courts Act 2003 (c.39) , and section 15(1) of and paragraphs 99 and 102 of Schedule 4 to the Constitutional Reform Act 2005 (c.4) .
S.I. 1991/1395 . Relevant amending instruments are S.I. 1992/2068 , 1994/2166 and 3156 , 2001/615 and 818 , 2003/2840 , 2004/3376 , 2005/2930 , 2007/2188 , 2008/2858 and 2009/637 .
S.I.1991/1991 . Relevant amending instruments are S.I. 1997/1894 and 2005/2930 .