The Family Procedure (Modification of Enactments) Order 2011

For the purpose of this article—

• “civil partnership proceedings” means proceedings for a civil partnership order; and

• “civil partnership order” means one of the orders mentioned in section 37 of the Civil Partnership Act 2004^f1.

In the following provisions, any reference to “ancillary relief” is to be read as a reference to “financial order”—

Unless the context otherwise requires, in any provision which relates to civil partnership proceedings in any enactment, any reference to “cause” or “causes” is to be read as a reference to “proceedings”.

for the heading, substitute “Adjournment and stays”; and

after subsection (2) insert—

“(3)

In family proceedings a magistrates’ court may stay the whole or part of any proceedings or order either generally or until a specified date or event.

(4)

Subsections (1) and (2) are subject, for the purpose of family proceedings in any magistrates’ court, to other provision made by Family Procedure Rules.”.

in subsection (1) omit “periodical payment of money, or for the revocation, revival or variation of such an order” and substitute “variation of an order for the periodic payment of money”;

after subsection (1) insert—

“(1A)

Subsection (1) does not apply to family proceedings.”;

in subsection (2) for “subsection (1) above” substitute “subsection (1) or (4A)”; and

after subsection (4) insert—

“(4A)

Subject to the provisions of any other enactment, the costs of and incidental to all family proceedings in any magistrates’ court (including those required to be issued by complaint and those relating to the making of a periodic payment order) shall be in the discretion of that court and that court shall have full power to determine by whom and to what extent costs are to be paid.”.

at the end of paragraph (b) omit “or”;

at the end of paragraph (c) insert “or”; and

after paragraph (c) insert—

“(d)

is appointed to be the children’s guardian of B under rule 59 of the Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii) or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955),”.

for “and” substitute “,”; and

after “1991” the second time it appears, insert “and the Family Procedure Rules 2010^f2.”.

in entry 5 (Family proceedings), in the second column, omit the current words and substitute “Courts Act 2003, s.75”; and

in entry 6 (Adoption proceedings), in the second column—

after “1997” for “or” substitute “,”; and

after “1996” insert “or the Family Procedure Rules 2010”.

after paragraph 1(u) insert—

“(v)

data processed by any children’s guardian appointed under rule 16.3(1)(i) or rule 16.4 of the Family Procedure Rules 2010;

(w)

data processed by any officer of the Children and Family Court Advisory and Support Service or Welsh family proceedings officer for the purpose of the functions referred to in rule 16.33 (insofar as it applies to proceedings to which Part 12 of the Family Procedure Rules 2010 applies) or 16.38(1) of the Family Procedure Rules 2010.”; and

in paragraph 2—

at the end of paragraph (a) insert—

“In the Family Procedure Rules 2010: rules 14.6, 14.11, 14.12, 14.13, 14.14, 14.24, 16.20 (insofar as it applies to a children’s guardian appointed in proceedings to which Part 14 of those Rules applies), 16.32 and 16.33 (insofar as it applies to a children and family reporter in proceedings to which Part 14 of those Rules applies).”; and

at the end of paragraph (c) insert—

“Rules made under section 75 of the Courts Act 2003 by virtue of section 141(1) of the Adoption and Children Act 2002^f2, as applied with modifications by regulation 2 of Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010^f3, so far as the rules relate to the appointment and duties of the parental order reporter and the keeping of registers, custody, inspection and disclosure of documents and information relating to parental order proceedings or related proceedings.”.

in paragraph (1), for “The rules in Section 2 of Part 6 of the Family Procedure (Adoption) Rules 2005 (“the 2005 Rules”)”, substitute “The rules in Chapter 4 of Part 6 of the Family Procedure Rules 2010 (“the 2010 Rules”)”; and

in paragraphs (2) and (3), for “2005” substitute “2010”.

for the description of fee 1.1 substitute—

“On filing an application to start proceedings, where no other fee is specified.”;

for the description of fee 1.2 substitute—

“On presenting any application for—

(a)

a matrimonial or civil partnership order, other than an application to which rule 7.7(1)(b) of the FPR 2010 applies;

(b)

a declaration to which Chapter 5 of Part 8 of the FPR 2010 applies.”;

for the description of fee 1.4 substitute—

“On amending an application for a matrimonial or civil partnership order, amending an application for a declaration to which Chapter 5 of Part 8 of the FPR 2010 applies, or making an application to which rule 7.7(1)(b) of the FPR 2010 applies.”;

for the description of fee 1.5 substitute—

“On filing an answer to an application for a matrimonial or civil partnership order.”;

for the description of fee 4.2 substitute—

“On an application under rule 7.19 of the FPR 2010 for the court to consider the making of a decree nisi, a conditional order, a decree of judicial separation or a separation order (other than in an undefended case where no fee is payable).”;

for the description of fee 4.4 substitute—

“On the filing of—

(a)

a notice of intention to proceed with an application for a financial order to which rule 9.4(a) of the FPR 2010 applies; or

(b)

an application for a financial order to which rule 9.4(b) of the FPR 2010 applies,

other than an application for a consent order.”;

in the description of fee 5.1, for “a notice of appeal” substitute “an appeal notice”;

in the description of fee 10.1, after “enforcement of a judgment” insert “, or on an application to which rule 33.3(2)(b) of the FPR 2010 applies”; and

in the description of fee 10.2, for “garnishee order” substitute “third party debt order”.

in paragraph (a) omit “or”;

in paragraph (b), for “.” substitute “; or”; and

after paragraph (b) insert—

“(c)

a civil restraint order under rule 4.8 of the FPR 2010 or the practice direction referred to in that rule.”.