Article 28 Consequential amendments

(1)

Subject to article 29(4), the Family Proceedings Rules 1991^f1 are amended as follows—

(a)

in rule 2.39(1) for “where no such application as is referred to in rule 2.40(1) is pending the”, substitute “The”;

(b)

omit rule 2.40;

(c)

in rule 3.8(2) omit “but shall be treated, in the first instance, as an application to the High Court for leave”;

(d)

for rule 4.22(2A) substitute—

“(2A)
In relation to an appeal to the High Court under section 94, the documents required to be filed by paragraph (2) shall be filed in the district registry, being in the same place as a care centre within the meaning of article 2(b) of the Allocation and Transfer of Proceedings Order 2008^f2, which is nearest to the court below.”; and

(e)

in rule 4.26 after paragraph (5) add—

“(6)
Where a local authority makes an application to a magistrates’ court for a care or supervision order with respect to the child in relation to whom the direction was given, the local authority must inform the court that gave the direction of the application in writing.”.

(2)

Subject to article 29(4), for rule 3A(8) of the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991^f3 substitute—

“(8)
Subject to any enactment, where an application for an occupation order or a non-molestation order is pending, the court may transfer the proceedings to another court of its own motion or on the application of either party; and any order for transfer shall be made in Form FL417.”.

Annotations

Footnotes

f1: S.I. 1991/1247; relevant amending instruments are S.I. 1992/2067, S.I. 1997/1893, S.I. 2005/617 and S.I. 2005/2922.
f2: S.I. 2008/2836 (L.18).
f3: S.I. 1991/1991; relevant amending instruments are S.I. 1997/1894, 2005/617 and 2007/1628.