Statutory Instruments
2009 No. 637 (L. 6)
Magistrates’ Courts, England And Wales
The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2009
Made
10th March 2009
Laid before Parliament
12th March 2009
Coming into force
6th April 2009
The Lord Chief Justice with the concurrence of the Lord Chancellor makes the following Rules in exercise of the powers conferred by section 144 of the Magistrates’ Courts Act 1980( 1 ) after consultation with the rule committee appointed under section 144(A1) of that Act:
Citation and commencement
1. These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2009 and come into force on 6 th April 2009.
Amendments 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 11.
3. In the Arrangement of Rules—
(a) in the entry for rule 2, after “1989” insert “and the Childcare Act 2006( 3 )”; and
(b) after the entry for rule 2, insert—
“ 2A Proceedings with respect to which a single justice may discharge the functions of a court ” .
4. In the heading to rule 2, after “the Act of 1989”, insert “and the Childcare Act 2006”.
5. In rule 2(5)(a), omit “75(1)”.
6. After rule 2, insert—
“ 2A Proceedings with respect to which a single justice may discharge the functions of a court
Where an application is made for a warrant under section 79 of the Childcare Act 2006, a single justice may discharge the functions of a family proceedings court in relation to those proceedings. ” .
7. In rule 4(4)—
(a) at the end of sub-paragraph (d), omit “or”;
(b) at the end of sub-paragraph (e), insert “or”; and
(c) after sub-paragraph (e), insert—
“ (f) a warrant under section 79 of the Childcare Act 2006. ” .
8. In rule 4(4)(ii), omit “and also in the case of an application for an order under section 75(1) where the application is ex parte,”.
9. For rule 21(8)(b) substitute—
“ (b) an order under section 44, 48(9) or 50. ”
10. In Schedule 1, for Forms C19 and C23, substitute the forms set out in the Schedule to these Rules.
11. In Schedule 2—
(a) in the entry relating to section 25, 44(1), 44(9)(b) etc. , in column (i), omit “75(1)” and in column (iii), omit “75(1) or” and “in the case of an application under section 75(1), the registered person;”;
(b) at the end of column (i), insert “Section 79 of the Childcare Act 2006”;
(c) in the corresponding entry in column (ii), insert “1 day”; and
(d) in the corresponding entry in column (iii), insert “Any person preventing or likely to prevent Her Majesty’s Chief Inspector of Education, Children’s Services and Skills from exercising a power conferred on him by section 77”.
Lord Judge, C.J.
I concur
Bridget Prentice
Parliamentary Under-Secretary of State
Ministry of Justice
10th March 2009
Rule 10
SCHEDULE
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 instrument is S.I. 1997/1895 .