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Article 3 Transitional provisions

Original text. Later amendments are not shown.

(1)

Where—

(a)

before the coming into force of these Rules a person, other than the Official Solicitor, has been appointed as guardian ad litem under section 41 of the Children Act 1989f1; and

(b)

the proceedings in which he was appointed are still continuing,

that person shall, for the purposes of the Family Proceedings Rules 1991, be treated as if he had been appointed—

(i)

children’s guardian; or

(ii)

parental order reporter,

as the case may be.

(2)

Where—

(a)

before the coming into force of these Rules the Official Solicitor had been appointed as guardian ad litem under section 41 of the Children Act 1989; and

(b)

the proceedings in which he was appointed are still continuing,

the person in the office of the Official Solicitor who had day to day conduct of the proceedings shall, for the purposes of the Family Proceedings Rules 1991, be treated as if he had been appointed

(i)

children’s guardian; or

(ii)

parental order reporter,

as the case may be.

Annotations

Footnotes

f1

1989 c. 41; section 41 was amended by the Courts and Legal Services Act (c. 41), Schedule 16, paragraph 17 and is amended by the Criminal Justice and Court Services Act 2000 (c. 43), Schedule 7, Part II, paragraphs 87 and 91 and Schedule 8.