Article 4

After rule 3.20 there shall be inserted the following:–

“Application under section 27 of the Act of 1991 for declaration of parentage

3.21

(1)

Rule 4.6 shall apply to an application under section 27 of the Act of 1991 (reference to court for declaration of parentage) as it applies to an application under the Act of 1989.

(2)

Where an application under section 27 of the Act of 1991 has been transferred to the High Court or a county court the court shall, as soon as practicable after a transfer has occurred, consider what directions to give for the conduct of the proceedings.

(3)

Without prejudice to the generality of paragraph (2), the court may, in particular, direct that–

(a)

the proceedings shall proceed as if they had been commenced by originating summons or originating application;

(b)

any document served or other thing done while the proceedings were pending in another court, including a magistrates' court, shall be treated for such purposes as may be specified in the direction as if it had been such document or other thing, being a document or other thing provided for by the rules of court applicable in the court to which the proceedings have been transferred, as may be specified in the direction and had been served or done pursuant to any such rule;

(c)

a pre-trial hearing shall be held to determine what further directions, if any, should be given.

(4)

The application may be heard and determined by a district judge.

Appeal under section 20 of the Act of 1991 from decision of child support officer

3.22

(1)

Rule 4.6 shall apply to an appeal under section 20 of the Act of 1991 (appeals against certain decisions of child support officers) as it applies to an application under the Act of 1989.

(2)

Where an appeal under section 20 of the Act of 1991 is transferred to the High Court or a county court, Rule 3.21(2) and (3) shall apply to the appeal as it applies to an application under section 27 of the Act of 1991.

Appeal from Child Support Commissioner

3.23

(1)

This rule shall apply to any appeal to the Court of Appeal under section 25 of the Act of 1991 (appeal from Child Support Commissioner on question of law).

(2)

Where leave to appeal is granted by the Commissioner, the notice of appeal must be served within 6 weeks from the date on which notice of the grant was given in writing to the appellant.

(3)

Where leave to appeal is granted by the Court of Appeal upon an application made within 6 weeks of the date on which notice of the Commissioner’s refusal of leave to appeal was given in writing to the appellant, the notice of appeal must be served–

(a)

before the end of the said period of 6 weeks; or

(b)

within 7 days after the date on which leave is granted,

whichever is the later, or within such other period as the Court of Appeal may direct.”.