Rule 3 Amendment of Part 12

(1)

In rule 12.2 (interpretation), in the definition of “private law proceedings”, in paragraph (a) after “a section 8 order” insert “, including proceedings for the review of a prohibited steps order made under section 10A(3) of the 1989 Act^f1,”.

(2)

In rule 12.3 (who the parties are)—

(a)

in paragraph (1), in the table—

(i)

in the row beginning “A section 8 order”, in the first column, after “A section 8 order” insert “, except where the application is one to which either of the next two rows of this table applies”;

(ii)

after the row beginning “A section 8 order” insert the following rows—

“

The review of a prohibited steps order made by the Crown Court under section 10A(3) of the 1989 Act. The relevant local authority.
Every person whom the applicant believes to have parental responsibility for the child, including those for whom parental responsibility has been restricted under section 10A of the 1989 Act;

where the child is the subject of a care order, every person whom the applicant believes to have had parental responsibility immediately prior to the making of the care order; and

every person whom the applicant believes is caring for the child if that person is a relative of the child.

The variation or discharge of a prohibited steps order made by the Crown Court under section 10A(3) of the 1989 Act in cases where the original order made in the Crown Court has not yet been reviewed or varied by the High Court or the family court.
Any person who is entitled to apply for a section 8 order with respect to the child (section 10(4) to (7) of the 1989 Act) including a parent whose parental responsibility has been restricted under section 10A of the 1989 Act; or

with the court’s permission, any person (section 10(2)(b) of the 1989 Act).

The relevant local authority; and

every person whom the applicant believes to have parental responsibility for the child, including those for whom parental responsibility has been restricted under section 10A of the 1989 Act;

where the child is the subject of a care order, every person whom the applicant believes to have had parental responsibility immediately prior to the making of the care order; and

every person whom the applicant believes is caring for the child if that person is a relative of the child.

”;

(b)

in paragraph (5)—

(i)

in the list entry beginning “care home”—

(aa)

after “local authority” insert “, relative”;

(bb)

for “Act.” substitute “Act; and”;

(ii)

after “Act; and” insert—

““relevant local authority” has the meaning assigned to it by section 10B(7) of the 1989 Act.”.

(3)

In rule 12.8 (service)—

(a)

in paragraph (3) after “a local authority” insert “or proceedings for the review, variation or discharge of a prohibited steps order made under section 10A(3) of the 1989 Act”;

(b)

after paragraph 3 insert—

“(3A)

In proceedings for the variation or discharge of a prohibited steps order made under section 10A(3) of the 1989 Act, subject to rule 6.23A, service under paragraph (1) will be effected by the court officer, unless the court directs the applicant to do so.”.

(4)

In rule 12.16(1)(a) after “section 8 order” insert “, excluding proceedings for the review of a prohibited steps order made under section 10A(3) of the 1989 Act”.

(5)

In rule 12.19(1) after “a section 8 order” insert “, including proceedings for the review of a prohibited steps order made under section 10A(3) of the 1989 Act,”.

Annotations

Footnotes

f1: Children Act 1989 (c. 41). Section 10A(3) was inserted by section 18 of the Victims and Prisoners Act 2024 (c. 21).