# The Family Procedure (Amendment) Rules 2013

S.I. 2013/530 · made 7 March 2013

These rules amend the Family Procedure Rules 2010 by—changing references to certain rules in the Civil Procedure Rules 1998 to reflect re-numbering of some of those rules;in Part 30 (appeals), giving High Court Judges and Designated Family Judges power when refusing permission to appeal without a hearing, where the application is considered to be totally without merit, to make an order that the person seeking permission may not request the decision to be reconsidered at a hearing.

Made under: Courts Act 2003

## Introductory text

Family Proceedings
Senior Courts Of England And Wales
County Courts, England And Wales
Magistrates’ Courts, England And Wales
Made 7th March 2013
Laid before Parliament 11th March 2013
Coming into force 1st April 2013
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) Rules 2013 and come into force on 1st April 2013.

## 2 Amendments to the Family Procedure Rules 2010

The Family Procedure Rules 2010 are amended in accordance with rules 3 to 5.

## 3 Amendments to the Family Procedure Rules 2010

In rule 28.2—
(a) in paragraph (1)—
(i) for “Parts 43, 44 (except rules 44.3(2) and (3), 44.9 to 44.12C, 44.13(1A) and (1B) and 44.18 to 20), 47 and 48 and rule 46.6” substitute “Parts 44 (except rules 44.2(2) and (3) and 44.10(2) and (3)), 46 and 47 and rule 45.8”;
(ii) in sub-paragraph (a), for “43.2(1)(c)(ii)” substitute “44.1(1)(f)(ii)”; and
(iii) in sub-paragraph (b), for “48.7(1)” substitute “46.8(1)”, and
(b) in paragraph (2), for “44.3C and 45.6” substitute “45.8 and 46.7”.

## 4 Amendments to the Family Procedure Rules 2010

In rule 28.3—
(a) in paragraph (2), for “44.3” substitute “44.2”;
(b) in paragraph (3), for “Rule 44.3(6) to (9)” substitute “Rules 44.2(6) to (8) and 44.12”; and
(c) in paragraph (4)(a), for “43.2(1)(a)” substitute “44.1(1)(c)”.

## 5 Amendments to the Family Procedure Rules 2010

In rule 30.3—
(a) in paragraph (5), for “Where” substitute “Subject to paragraph (5A), where”; and
(b) after paragraph (5), insert—
“(5A) Where a judge of the High Court or a Designated Family Judge refuses permission to appeal without a hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at a hearing.
(5B) Rule 4.3(5) will not apply to an order that the person seeking permission may not request the decision to be reconsidered at a hearing made under paragraph (5A).”.

## Signature

Timothy Becker
Bruce Edgington
Paul Carr
Martyn Cook
Mike Hinchliffe
Ruth Lindley-Glover
James Munby, P.
David Salter
Lucy Theis, J.
Philip Waller
John Wilson
I allow these Rules
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
7th March 2013

## Explanatory note

(This note is not part of the Order)
These rules amend the Family Procedure Rules 2010 by—
changing references to certain rules in the Civil Procedure Rules 1998 to reflect re-numbering of some of those rules;
in Part 30 (appeals), giving High Court Judges and Designated Family Judges power when refusing permission to appeal without a hearing, where the application is considered to be totally without merit, to make an order that the person seeking permission may not request the decision to be reconsidered at a hearing.
A full impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2013/530 (the official version)
Page: https://openlegislation.uk/family-procedure-amendment-rules-2013
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.