# The Family Procedure (Amendment No. 3) Rules 2012

S.I. 2012/2046 · made 31 July 2012

These Rules amend the Family Procedure Rules 2010 (“the FPR”).

Made under: Courts Act 2003 (Section 75, Section 76)

PDFs: Printed copy https://openlegislation.uk/family-procedure-amendment-no-3-rules-2012/pdf/uksi_20122046_en.pdf; Explanatory Memorandum https://openlegislation.uk/family-procedure-amendment-no-3-rules-2012/pdf/uksiem_20122046_en.pdf

## Introductory text

Family Proceedings
Senior Courts Of England And Wales
County Courts, England And Wales
Magistrates’ Courts, England And Wales
Made 31st July 2012
Laid before Parliament 7th August 2012
Coming into force 30th September 2012
The Family Procedure Rule Committee makes the following rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 2003, after consulting in accordance with section 79 of the Courts Act 2003.

## 1 Citation and commencement

These Rules may be cited as the Family Procedure (Amendment No. 3) Rules 2012 and come into force on 30 September 2012.

## 2 Amendments to the Family Procedure Rules 2010

(1) The Family Procedure Rules 2010 are amended in accordance with rules 3 to 5 of these Rules.
(2) A reference in rules 3 to 5 of these Rules to a rule or paragraph of a rule by number alone is a reference to the rule or paragraph of that rule so numbered in the Family Procedure Rules 2010.

## 3 Amendments to the Family Procedure Rules 2010

In rule 2.3—
(a) in paragraph (1)—
(i) in the definition of “CCR”, at the end insert “subject to paragraph (4)”; and
(ii) in the definition of “RSC”, at the end insert “subject to paragraph (4)”;
(b) in paragraph (3), for “Where” substitute “Subject to paragraph (4), where”; and
(c) after paragraph (3), insert—
“(4) Where these Rules apply RSC Order 52 and CCR Order 29, they apply those rules as they appeared in Schedule 1 and Schedule 2 to the CPR on 30 September 2012.”.

## 4 Amendments to the Family Procedure Rules 2010

In rule 12.58—
(a) Omit the definition of “Central Authority”; and
(b) after the definition of “Contracting State” insert—
““domestic Central Authority” means—
(a) where the matter relates to the Council Regulation, the Lord Chancellor;
(b) where the matter relates to the 1996 Hague Convention in England, the Lord Chancellor;
(c) where the matter relates to the 1996 Hague Convention in Wales, the Welsh Ministers;”.

## 5 Amendments to the Family Procedure Rules 2010

In rules 12.59, 12.60, 12.63, 12.67, 12.69 and 12.70, for the words “Central Authority for England and Wales” each time they appear substitute “domestic Central Authority”.

## Signature

Jill Black, L.J.
Richard Burton
Paul Carr
Chris Darbyshire
Bruce Edgington
Angela Finnerty
Mike Hinchliffe
David Salter
Lucy Theis, J.
Philip Waller
John Wilson
I allow these Rules
Signed by authority of the Lord Chancellor
J. Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
31st July 2012

## Explanatory note

(This note is not part of the Rules)
These Rules amend the Family Procedure Rules 2010 (“the FPR”).
Rule 2.3 of the FPR makes provision for interpretation. Rule 3 of these Rules amends the definition of “RSC” and “CPR” in rule 2.3(1), and adds a new rule 2.3(4), to make it clear that when the FPR apply certain rules of the Rules of the Supreme Court and County Court Rules, they are applying those rules as they appeared at a fixed point in time, and not subject to any amendment or revocation effected after that time.
Rules 4 and 5 make amendments in Part 12 of the FPR to reflect the fact that in relation to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement, and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children (referred to in the rules as “the 1996 Hague Convention”), there are separate Central Authorities for England and for Wales.

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Source: https://www.legislation.gov.uk/uksi/2012/2046 (the official version)
Page: https://openlegislation.uk/family-procedure-amendment-no-3-rules-2012
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

