OpenLegislation

Rule 15 Amendments to the Family Procedure Rules 2010

Original text. Later amendments are not shown.

In rule 12.2—

(a)

after the definition of “the 2006 Act”, insert—

  • ““activity condition” has the meaning given to it by section 11C(2) of the 1989 Act;”” and

  • ““activity direction” has the meaning given to it by section 11A(3) of the 1989 Act;”;

(b)

for the definition of “Case Management Order”, substitute—

  • ““Case Management Order” means an order in the form referred to in Practice Direction 12A;”;

(c)

omit the definitions of—

(i)

“contact activity condition”; and

(ii)

“contact activity direction”;

(d)

after the definition of “interim order” insert—

  • ““Part 4 proceedings” means proceedings for—

    1. (a)

      a care order, or the discharge of such an order, under section 39(1) of the 1989 Act;

    2. (b)

      an order giving permission to change a child’s surname or remove a child from the United Kingdom under section 33(7) of the 1989 Act;

    3. (c)

      a supervision order, the discharge or variation of such an order under section 39(2) of the 1989 Act, or the extension of such an order under paragraph 6(3) of Schedule 3 to that Act;

    4. (d)

      an order making provision regarding contact under section 34(2) to (4) of the 1989 Act or an order varying or discharging such an order under section 34(9) of that Act;

    5. (e)

      an education supervision order, the extension of an education supervision order under paragraph 15(2) of Schedule 3 to the 1989 Act, or the discharge of such an order under paragraph 17(1) of Schedule 3 to that Act;

    6. (f)

      an order varying directions made with an interim care order or interim supervision order under section 38(8)(b) of the 1989 Act;

    7. (g)

      an order under section 39(3) of the 1989 Act varying a supervision order in so far as it affects a person with whom the child is living but who is not entitled to apply for the order to be discharged;

    8. (h)

      an order under section 39(3A) of the 1989 Act varying or discharging an interim care order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged;

    9. (i)

      an order under section 39(3B) of the 1989 Act varying or discharging an interim care order in so far as it confers a power of arrest attached to an exclusion requirement; or

    10. (j)

      the substitution of a supervision order for a care order under section 39(4) of the 1989 Act;”; and

(e)

in the definition of “private law proceedings”—

(i)

for sub-paragraph (a) substitute—

“(a)

a section 8 order except a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority;”; and

(ii)

in sub-paragraph (k), for “contact order” substitute “child arrangements order”; and

(f)

in the definition of “public law proceedings”—

(i)

after “means” insert “Part 4 proceedings and”;

(ii)

for sub-paragraph (a) substitute—

“(a)

a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority;”; and

(iii)

omit sub-paragraphs (d) to (m).