Article 10 Amendments to the Family Procedure Rules 2010I1

In Chapter 5 of Part 12, after rule 12.42, insert—

“Application for a writ of habeas corpus for release in relation to a minor

12.42A.

(1)

Part 87 of the CPR applies in respect of an application for a writ of habeas corpus for release in relation to a minor—

(a)

as if—

(i)

for rule 87.2(1)(a) of the CPR there were substituted—

“(a)

an application notice; and”; and

(ii)

for rule 87.2(4) of the CPR there were substituted—

“(4)

The application notice must be filed in the Family Division of the High Court.”; and

(b)

subject to any additional necessary modifications.

(2)

Rules 12.5 to 12.8, 12.12 to 12.16, 12.21 and 12.39 do not apply to an application to which this rule applies.

(The term “application notice” is defined in rule 2.3(1).)”.