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The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2004

S.I. 2004/3376 · Made 19 December 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MAGISTRATES' COURTS, ENGLAND AND WALES

Made 19th December 2004

Laid before Parliament 22nd December 2004

Coming into force 31st January 2005

The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 1980f1, and after consultation with the rule committee appointed under that section, makes the following Rules:

Annotations to the whole text

Footnotes

f1

1980 c. 43. Section 144 is amended by paragraphs 95 and 116 of Schedule 13 to the Access to Justice Act 1999 (c. 22) and by paragraph 245 of Schedule 8 to the Courts Act 2003 (c. 39) from a date to be appointed. There are other amendments not relevant to these Rules.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Transitional provisions
  3. 3Amendments to the 1991 Rules
  4. 4Amendments to the 1991 Rules
  5. 5Amendments to the 1991 Rules
  6. 6Amendments to the 1991 Rules
  7. 7Amendments to the 1991 Rules
  8. Signature
  9. Schedule 1Schedule 1
  10. Schedule 2Schedule 2
  11. Explanatory note

1Citation, commencement and interpretation

(1)

These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2004 and shall come into force on 31st January 2005.

(2)

In these Rules a reference to a rule, Schedule or form by number alone means the rule, Schedule or form so numbered in the Family Proceedings Court (Children Act 1989) Rules 1991f1 (“the 1991 Rules”).

2Transitional provisions

Where proceedings have been commenced before these Rules come into force, the 1991 Rules shall apply to those proceedings as if these Rules, except rule 7(d), had not been made.

3Amendments to the 1991 Rules

In rule 4(1)(b), after “Forms” insert “C1A,”.

4Amendments to the 1991 Rules

In rule 4(1A)(a)—

(a)

in sub-paragraph (i), for “C1 to C5” substitute “C1, C2, C3, C4, C5”; and

(b)

in sub-paragraph (ii), after “as may be appropriate,” insert—

“and (iii) in the case of an application for a section 8 order or an order under section 4(1)(c) where question 7 on Form C1, or question 4 on Form C2, is answered in the affirmative, supplemental Form C1A,”.

5Amendments to the 1991 Rules

In rule 4(2)(b)(ii), at the end add “, and, in the case of an application for a section 8 order or an order under section 4(1)(c), Form C1A”.

6Amendments to the 1991 Rules

In rule 9—

(a)

after “service of” insert “an application for an order under section 4(1)(c),”;

(b)

after “Form C7” insert “and, if both parts of question 6 or question 7 (or both) on Form C7 are answered in the affirmative, Form C1A”.

7Amendments to the 1991 Rules

In Schedule 1—

(a)

in the list of forms after the entry relating to Form C1, in the first column insert “C1A” and in the third column insert “Supplemental Information Form”;

(b)

substitute the forms set out in Schedule 1 to these Rules for Forms C1, C2 and C7;

(c)

insert as Form C1A the form set out in Schedule 2 to these Rules; and

(d)

for “registered health visitor” substitute “registered midwife” in—

(i)

question 4 in Form C11;

(ii)

question 3 in Form C12;

(iii)

question 6 in Form C19; and

(iv)

the section headed “The Court Directs” in Forms C25 and C28.

Signature

Falconer of Thoroton, C.

Dated 19th December 2004

Schedule 1

Schedule 2

Explanatory note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Courts (Children Act 1989) Rules 1991 (S.I. 1991/1395) (“the 1991 Rules”) to make changes linked to the amendments to the Children Act 1989 in respect of the definition of “harm”.

Where a section 8 order or an order for parental responsibility is sought, the applicant will give the court information where a child has suffered or is at risk of suffering harm.

Rules 3, 4 and 5 make an amendment to provide for the service of new Form C1A as part of the application filed under rule 4(1)(a) of the 1991 Rules. Rule 4 provides that the applicant’s Form C1A is to be filed with an application for a section 8 order or an order under section 4(1)(c) if question 7 on Form C1, or question 4 on Form C2, is completed in the affirmative. Rule 5 provides that a blank Form C1A should be given to the applicant with the copies of the application when the documents are filed, in order that it may be served on the respondent(s). Rule 3 provides that the applicant shall serve the blank copy of Form C1A on each respondent.

Rule 6 amends rule 9 of the 1991 Rules to provide that in applications for an order for parental responsibility or for a section 8 order, the respondent shall file and serve Form C1A in addition to the acknowledgement of application Form C7 if both parts of question 6, or question 7, on Form C7 are answered in the affirmative.

Rule 7 amends the list of forms at the beginning of Schedule 1 to the 1991 Rules to provide for new Form C1A, substitutes Forms C1, C2, C7 and inserts new Form C1A into Schedule 1. Rule 7 makes amendments to Forms C11, C12, C19, C25 and C28 which are consequential to the amendments made to the Children Act 1989 by paragraph 10 of Schedule 5 to the Nursing and Midwifery Order 2001 (S.I. 2002/253).