Statutory Instruments
2024 No. 258 (L. 6)
Family Proceedings
Family Court, England And Wales
The Family Court (Composition and Distribution of Business) (Amendment) Rules 2024
Made
27th February 2024
Laid before Parliament
4th March 2024
Coming into force
8th April 2024
The President of the Family Division, as nominee of the Lady Chief Justice under paragraph 2(2)(b) of Part 1 of Schedule 1 to the Constitutional Reform Act 2005( 1 ), makes the following Rules in exercise of the powers under section 31D(1) and (3) of the Matrimonial and Family Proceedings Act 1984( 2 ).
These Rules are made after consultation with the Family Procedure Rule Committee in accordance with section 31D(5)(b) of the Matrimonial and Family Proceedings Act 1984, and with the agreement of the Lord Chancellor in accordance with paragraph 2(1) of Part 1 of Schedule 1 to the Constitutional Reform Act 2005.
Citation, commencement and extent
1. —(1) These Rules may be cited as the Family Court (Composition and Distribution of Business) (Amendment) Rules 2024.
(2) These Rules come into force on 8th April 2024.
(3) These Rules extend to England and Wales.
Amendment of the Family Court (Composition and Distribution of Business) Rules 2014
2. —(1) The Family Court (Composition and Distribution of Business) Rules 2014( 3 ) are amended as follows.
(2) In rule 16 (allocation of emergency applications)—
(a) in paragraph (3)(a)—
(i) at the end of paragraph (xv), omit “or”;
(ii) at the end of paragraph (xvi), insert “or” ; and
(iii) after paragraph (xvi), insert—
“ (xvii) Part 3 of the Domestic Abuse Act 2021 which are made without notice, except where the applicant is aged under 18; ” ; and
(b) in paragraph (5)—
(i) at the end of sub-paragraph (e), for the full stop substitute a semi-colon; and
(ii) after sub-paragraph (e), insert—
“ (f) Part 3 of the Domestic Abuse Act 2021 which are made without notice and where the applicant is aged under 18. ” .
(3) In Schedule 1 (allocation), in the first column (type of proceedings)—
(a) in paragraph 1(h) after “parentage)” insert “, except where the application is made by a birth parent in respect of a child under the age of 18 following the lawful adoption of that child” ; and
(b) in paragraph 4—
(i) in sub-paragraph (g) for “Regulation.” substitute “Regulation;” ; and
(ii) after sub-paragraph (g) insert—
“ (h) the Family Law Act 1986 ( 4 ) , section 55A (declarations of parentage) where the application is made by a birth parent in respect of a child under the age of 18 following the lawful adoption of that child. ” .
Sir Andrew Mcfarlane
President of the Family Division
22nd February 2024
I agree
Bellamy
Parliamentary Under Secretary of State
Ministry of Justice
27th February 2024
1984 c. 42 . Section 31D was inserted by paragraph 1 of Schedule 10 to the Crime and Courts Act 2013 (c. 22) .
S.I. 2014/840 . Relevant amendments were made by S.I. 2014/3297 , 2015/1421 , 2018/1413 and 2021/505 .
1986 c. 55 . Section 55A was inserted by section 83(2) of the Child Support, Pensions and Social Security Act 2000 (c. 19) and amended by paragraph 97 of Schedule 11 to the Crime and Courts Act 2013.