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The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014

S.I. 2014/3297 · Made 15 December 2014

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Family Proceedings

Senior Courts Of England And Wales

Family Court, England And Wales

Made 15th December 2014

Laid before Parliament 18th December 2014

Coming into force 11th January 2015

The President of the Family Division, as nominee of the Lord Chief Justice under paragraph 2(2)(b) of Part 1 of Schedule 1 to the Constitutional Reform Act 2005f1, makes the following rules in exercise of the powers conferred by section 31D(1) and (3) of the Matrimonial and Family Proceedings Act 1984f2.

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.

These Rules are made with the agreement of the Lord Chancellor in accordance with paragraph 2 of Part 1 of Schedule 1 to the Constitutional Reform Act 2005.

Annotations to the whole text

Footnotes

f1

2005 c.4.

f2

1984 c.42. Section 31D was inserted by paragraph 1 of Schedule 10 to the Crime and Courts Act 2013 (c.22).

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Family Court (Composition and Distribution of Business) Rules 2014
  3. 3Amendments to the Family Court (Composition and Distribution of Business) Rules 2014
  4. 4Amendments to the Family Court (Composition and Distribution of Business) Rules 2014
  5. 5Amendments to the Family Court (Composition and Distribution of Business) Rules 2014
  6. 6Amendments to the Family Court (Composition and Distribution of Business) Rules 2014
  7. Signature
  8. Explanatory note

1Citation and commencement

These Rules may be cited as the Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 and come into force on 11th January 2015.

2Amendments to the Family Court (Composition and Distribution of Business) Rules 2014

The Family Court (Composition and Distribution of Business) Rules 2014f1 are amended as follows.

3Amendments to the Family Court (Composition and Distribution of Business) Rules 2014

After rule 12, in Part 5, insert—

“Interpretation of this Part

12A.

In this Part—

  • “incoming protection measure” means a protection measure that has been ordered in a Member State of the European Union other than the United Kingdom or Denmark;

  • “protection measure” has the meaning given to it in the Protection Measures Regulation;

  • “Protection Measures Regulation” means Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil mattersf1.”.

4Amendments to the Family Court (Composition and Distribution of Business) Rules 2014

In rule 16—

(a)

in paragraph (3)(a)—

(i)

in paragraphs (xiii) and (xiv), omit “or”;

(ii)

after paragraph (xiv), insert—

“(xv)

the Protection Measures Regulation made within or in connection with an application under sub-paragraph (xii); or

(xvi)

Article 11 of the Protection Measures Regulation for adjustment of an incoming protection measure except where the applicant is aged under 18; or”; and

(b)

in paragraph (5)—

(i)

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

(ii)

after sub-paragraph (b), insert—

“(c)

the Protection Measures Regulation made within or in connection with an application under sub-paragraph (a) or (b);

(d)

Article 11 of the Protection Measures Regulation for adjustment of an incoming protection measure where the applicant is aged under 18.”.

5Amendments to the Family Court (Composition and Distribution of Business) Rules 2014

In Schedule 1—

(a)

in paragraph 1—

(i)

in sub-paragraph (p), for “.” substitute “;”; and

(ii)

after sub-paragraph (p), insert—

“(q)

the Protection Measures Regulation for enforcement of an incoming protection measure.”; and

(b)

in paragraph 4—

(i)

in sub-paragraph (f), for “.” substitute “;”; and

(ii)

after sub-paragraph (f), insert—

“(g)

Article 13 of the Protection Measures Regulation.”.

6Amendments to the Family Court (Composition and Distribution of Business) Rules 2014

In Table 3 of Schedule 2, after paragraph 5 insert—

“6.

Order under Article 13 of the Protection Measures Regulation refusing to recognise or enforce an incoming protection measure.”.

Signature

James Munby, P

President of the Family Division

9th December 2014

I agree,

Simon Hughes

Minister of State

Ministry of Justice

15th December 2014

Explanatory note

(This note is not part of the Rules)

These Rules amend the Family Court (Composition and Distribution of Business) Rules 2014 (S.I. 2014/840) (“the 2014 Rules”) to make provision in relation to the allocation in the family court of certain proceedings under Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters (the “Protection Measures Regulation”).

Rule 3 inserts new definitions into Part 5 of the 2014 Rules related to the amendments made by rules 4 to 6.

Rule 4 adds a number of proceedings under the Protection Measures Regulation to the list of proceedings that may be allocated in accordance with rule 16 of the 2014 Rules.

Rule 5 adds certain proceedings to the list of proceedings that a particular judge may hear when the proceeding is allocated in accordance with rule 15 of the 2014 Rules.

Rule 6 adds an order under Article 13 of the Protection Measures Regulation to the list of remedies that only judges of High Court level may carry out when the proceedings are allocated in accordance with rule 15 of the 2014 Rules and notwithstanding that if there are existing or connected proceedings allocated to a lower level of judge, rule 17 of the 2014 Rules might otherwise have caused the proceedings to be allocated to that level.