Explanatory note

These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) (“the FPR”).

Rule 3 introduces changes to Part 12 of the FPR to amend the practice and procedure for cases that fall within section 10A and 10B Children Act 1989 (c. 41) (“the 1989 Act”) as introduced by section 18 Victims and Prisoners Act 2024 (c. 21).

Rule 3(1) amends the definition of ‘private law proceedings’ in rule 12.2 of the FPR to make clear that proceedings for ‘a section 8 order’ includes proceedings for a review of a prohibited steps order made under section 10A(3) of the 1989 Act (“a relevant PSO”).

Rule 3(2) makes amendments to rule 12.3 of the FPR to identify the parties in proceedings for the review, variation or discharge a relevant PSO.

Rule 3(3) makes amendments to rule 12.8 of the FPR regarding who is responsible for service of the application form. For proceedings for the review of a relevant PSO, the applicant will effect service. For proceedings for the variation or discharge of a relevant PSO, the amendments make it so the court will effect service unless the court directs the applicant to do so.

Rule 3(4) makes an amendment to rule 12.16(1) of the FPR to disapply proceedings for the review of a relevant PSO from this rule.

Rule 3(5) makes an amendment to rule 12.19(1) of the FPR to make it clear that rule 12.19 applies to proceedings for the review of a relevant PSO.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.