Article 40 Amendment to the 1996 Rules

In rule 2.49 (Intervention to show cause by the Crown Solicitor)—

(a)

for paragraph (1) substitute—

“(1)

If the Crown Solicitor wishes to show cause why—

(i)

a decree nisi should not be made absolute, or

(ii)

a conditional order should not be made final,

he shall give notice to that effect to the proper officer or chief clerk, as the case may be, and to the party in whose favour it was pronounced, and, if the cause is pending in a designated county court, the Master shall thereupon order it to be transferred to the High Court.”;

(b)

in paragraph (2)—

(i)

after “the decree”, the first time it appears, insert “or civil partnership order, as the case may be,”; and

(ii)

for “the decree”, the second time it appears, substitute “that decree or order”;

(c)

in paragraph (5), after “decree nisi” insert “or conditional order”;

(d)

in paragraph (6)—

(i)

after “decree nisi” insert “or the conditional order”; and

(ii)

after “decree absolute” insert “or the conditional order final”;

(e)

in paragraph (7)—

(i)

after “decree nisi” insert “or the conditional order”; and

(ii)

after “decree” insert “or conditional order, as the case may be,”; and

(f)

in paragraph (8)—

(i)

after “the decree” insert “or order”; and

(ii)

in sub-paragraph (a), after “decree nisi” insert “or the conditional order, as the case may be”.