Article 1 Citation, commencement and interpretation

These Rules may be cited as the Family Proceedings Courts (Children Act 1989) Rules 1991 and shall come into force on 14th October 1991.

Unless a contrary intention appears–

• a section or schedule referred to means the section or schedule in the Act of 1989,

• “application” means an application made under or by virtue of the Act of 1989 or under these Rules, and “applicant” shall be construed accordingly,

• “business day” means any day other than–

  1. (a)

     a Saturday, Sunday, Christmas Day or Good Friday; or

  2. (b)

     a bank holiday, that is to say, a day which is, or is to be observed as, a bank holiday, or a holiday, under the Banking and Financial Dealings Act 1971^f1, in England and Wales,

• “child”

  1. (a)

     means, in relation to any relevant proceedings, subject to sub-paragraph (b), a person under the age of 18 with respect to whom the proceedings are brought, and

  2. (b)

     where paragraph 16(1) of Schedule 1 applies, also includes a person who has reached the age of 18;

• “contribution order” has the meaning assigned to it by paragraph 23(2) of Schedule 2,

• “court” means a family proceedings court constituted in accordance with sections 66 and 67^f2 of the Magistrates' Courts Act 1980 or, in respect of those proceedings prescribed in rule 2(5), a single justice who is a member of a family panel,

• “directions appointment” means a hearing for directions under rule 14(2),

• “emergency protection order” means an order under section 44,

• “file” means deposit with the justices' clerk,

• “form” means a form in Schedule 1 to these Rules with such variation as the circumstances of the particular case may require,

• “guardian ad litem” means a guardian ad litem, appointed under section 41, of the child with respect to whom the proceedings are brought,

• “justices' clerk” has the meaning assigned to it by section 70 of the Justices of the Peace Act 1979 and includes any person who performs a justices' clerk’s functions by virtue of rule 32,

• “leave” includes approval,

• “note” includes a record made by mechanical means,

• “parental responsibility” has the meaning assigned to it by section 3,

• “parties” in relation to any relevant proceedings means the respondents specified for those proceedings in the third column of Schedule 2 to these Rules, and the applicant,

• “recovery order” means an order under section 50,

• “relevant proceedings” has the meaning assigned to it by section 93(3),

• “section 8 order” has the meaning assigned to it by section 8(2),

• “specified proceedings” has the meaning assigned to it by section 41(6) and rule 2(2),

• “the 1981 rules” means the Magistrates' Courts Rules 1981^f3,

• “the Act of 1989” means the Children Act 1989^f4,

• “welfare officer” means a person who has been asked to prepare a welfare report under section 7.