OpenLegislation

The Family Procedure (Adoption) (Amendment) Rules 2007

S.I. 2007/2189 · Made 23 July 2007

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, england & wales

Made 23rd July 2007

Laid before Parliament 26th July 2007

Coming into force 1st October 2007

The Family Procedure Rule Committee makes the following Rules, in exercise of the powers conferred upon it by sections 75(2) and (4) of the Courts Act 2003f1.

Annotations to the whole text

Footnotes

f1

2003 c.39.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Family Procedure (Adoption) Rules 2005
  3. 3Amendment of the Family Procedure (Adoption) Rules 2005
  4. 4Amendment of the Family Procedure (Adoption) Rules 2005
  5. 5Amendment of the Family Procedure (Adoption) Rules 2005
  6. 6Amendment of the Family Procedure (Adoption) Rules 2005
  7. 7Amendment of the Family Procedure (Adoption) Rules 2005
  8. 8Amendment of the Family Procedure (Adoption) Rules 2005
  9. 9Amendment of the Family Procedure (Adoption) Rules 2005
  10. 10Amendment of the Family Procedure (Adoption) Rules 2005
  11. 11Amendment of the Family Procedure (Adoption) Rules 2005
  12. 12Amendment of the Family Procedure (Adoption) Rules 2005
  13. 13Amendment of the Family Procedure (Adoption) Rules 2005
  14. 14Amendment of the Family Procedure (Adoption) Rules 2005
  15. Signature
  16. Explanatory note

1Citation and commencement

These Rules may be cited as the Family Procedure (Adoption) (Amendment) Rules 2007 and shall come into force on 1 October 2007.

2Amendment of the Family Procedure (Adoption) Rules 2005

The Family Procedure (Adoption) Rules 2005f1 shall be amended in accordance with rules 3 to 14 below.

3Amendment of the Family Procedure (Adoption) Rules 2005

In the arrangement of rules—

(a)

in the entry for rule 37, for “patients” substitute “protected parties”; and

(b)

in the entry for rule 53, for “patient” substitute “protected party”.

4Amendment of the Family Procedure (Adoption) Rules 2005

In rule 6—

(a)

omit the definition of “patient”; and

(b)

insert the following definitions in alphabetical order –

  • ““the 2005 Act” means the Mental Capacity Act 2005 (c.9);

  • “deputy” has the meaning given in section 16(2)(b) of the 2005 Act;

  • “enduring power of attorney” has the meaning given in Schedule 4 to the 2005 Act;

  • “lasting power of attorney” has the meaning given in section 9 of the 2005 Act; “protected party” means a party, or an intended party, who lacks capacity (within the meaning of the 2005 Act) to conduct the proceedings;”.

5Amendment of the Family Procedure (Adoption) Rules 2005

In rule 26(1)(d), for the word “patient” substitute “protected party”.

6Amendment of the Family Procedure (Adoption) Rules 2005

(1)

In the title of rule 37, for the word “patients” substitute “protected parties”.

(2)

In rule 37—

(a)

for each reference to “patient” substitute a reference to “protected party”; and

(b)

in paragraph (1), for the fifth row of the third column in the table, substitute –

  • “A person who is the attorney of a registered enduring power of attorney, donee of a lasting power of attorney or deputy of the protected party;”.

7Amendment of the Family Procedure (Adoption) Rules 2005

In rule 49(1)(a), for the word “patients” substitute “protected parties”.

8Amendment of the Family Procedure (Adoption) Rules 2005

In rule 50(2), for the word “patient” substitute “protected party”.

9Amendment of the Family Procedure (Adoption) Rules 2005

In rule 52—

(a)

for each reference to “patient” substitute a reference to “protected party”; and

(b)

in paragraph (3) –

(i)

omit the words “a party becomes a patient”; and

(ii)

after the words “during proceedings”, insert “a party lacks capacity (within the meaning of the 2005 Act) to continue to conduct the proceedings”.

10Amendment of the Family Procedure (Adoption) Rules 2005

(1)

In the title of rule 53, for the word “patient” substitute “protected party”.

(2)

In rule 53—

(a)

for each reference to “patient” substitute a reference to “protected party”;

(b)

in paragraph (2) –

(i)

for the words “authorised under Part VII of the Mental Health Act 1983” substitute “with authority as a deputy”; and

(ii)

for the word “legal” substitute “the”; and

(c)

in paragraph (3), for the words “authorised under Part VII of the Mental Health Act 1983” substitute “with authority as a deputy to conduct the proceedings in the name of a protected party or on his behalf”.

11Amendment of the Family Procedure (Adoption) Rules 2005

In rule 54—

(a)

in paragraph (2) –

(i)

for the words “authorised under Part VII of the Mental Health Act 1983” substitute “with authority as a deputy to conduct the proceedings in the name of a protected party or on his behalf”;

(ii)

after the word “order”, insert “, declaration”; and

(iii)

for the words “constitutes his authorisation” substitute “confers his authority”; and

(b)

in paragraph (4) –

(i)

in sub-paragraph (a), for the word “authorisation” substitute “document conferring his authority to act”; and

(ii)

for the word “patient” substitute “protected party”.

12Amendment of the Family Procedure (Adoption) Rules 2005

In rule 55(5), for the word “patient” substitute “protected party”.

13Amendment of the Family Procedure (Adoption) Rules 2005

In rule 57(2), for each reference to “patient” substitute a reference to “protected party”.

14Amendment of the Family Procedure (Adoption) Rules 2005

In rule 58—

(a)

for each reference to “patient” substitute a reference to “protected party”; and

(b)

in paragraph (4), for the word “patient’s” substitute “protected party’s”.

Signature

Mark Potter, P

Duncan Adam

John Baker

Martyn Cook

Bruce Edgington

Charles Hyde

Susan Jones

Katharine Marshall

David Salter

Philip Waller

I allow these Rules

Jack Straw

Lord Chancellor

23rd July 2007

Explanatory note

(This note is not part of the Rules)

These Rules make minor amendments to the Family Procedure (Adoption) Rules 2005 that are consequential upon the Mental Capacity Act 2005 (c.9) coming into force.

These Rules amend terms and references in line with terms and references used in the Mental Capacity Act 2005.