Article 15 Timing of proceedings

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rules 14, 15 am by Family Proceedings Courts 2007 rules 2, 9, 10
rule 15(3) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 93
rule 15(3) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 95
rule 15(5) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 96
rule 15(5)(c)(ii) words inserted by Magistrates' Courts 2005 Sch. 1 para. 44
rule 15 appl (mod) by Magistrates’ Courts (Enforcement of Children Act 1989 Contact Orders) 2008 rules 3, 4, 16

(1)

Any period of time fixed by these Rules, or by any order or direction, for doing any act shall be reckoned in accordance with this rule.

(2)

Where the period, being a period of 7 days or less, would include a day which is not a business day, that day shall be excluded.

(3)

Where the time fixed for filing a document with the justices' clerk expires on a day on which the justices' clerk’s office is closed, and for that reason the document cannot be filed on that day, the document shall be filed in time if it is filed on the next day on which the justices' clerk’s office is open.

(4)

Where these Rules provide a period of time within which or by which a certain act is to be performed in the course of relevant proceedings, that period may not be extended otherwise than by a direction of the justices' clerk or the court under rule 14.

(5)

At the–

(a)

transfer to a court of relevant proceedings,

(b)

postponement or adjournment of any hearing or directions appointment in the course of relevant proceedings, or

(c)

conclusion of any such hearing or directions appointment other than one at which the proceedings are determined, or so soon thereafter as is practicable,

the justices' clerk or the court shall–

(i)

fix a date upon which the proceedings shall come before the justices' clerk or the court again for such purposes as the justices' clerk or the court directs, which date shall, where paragraph (a) applies, be as soon as possible after the transfer, and

(ii)

give notice to the parties and to the guardian ad litem or the welfare officer of the date so fixed.