Article 20 Family protection orders

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

rule 20(2) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 111
rule 20(3) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 111
rule 20(7) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 111
rule 20(8) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 111
rule 20(14) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 111
rule 20(15) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 111
rule 20(19) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 111
rule 20(20) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 111
rule 20 am (with transtl provns) by Family Proceedings Courts (Matrimonial Proceedings etc.) 2007 rule 6

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(1)

Where an application has been made to a court for an order under section 16 of the Act and the applicant makes a statement to the justices' clerk, either orally or in writing, to the effect that there is imminent danger of physical injury to the applicant or a child of the family, the justices' clerk shall take such steps as may be necessary to ensure that the court considers as soon as practicable whether or not to exercise its power to make an expedited order under section 16(2) and (6) of that Act.

(2)

Where a court makes an expedited order under section 16(2) and (6) of the Act, the justices' clerk shall serve notice of the making of the order on the respondent by causing a copy of the order to be delivered to the respondent personally, subject to any direction of the court.

(3)

Where a court makes an order under section 16 of the Act to which a power of arrest is attached, the justices' clerk shall cause a copy of the order to be sent to the officer for the time being in charge of any police station for the address at which the person who applied for the order resides.

(4)

Where a court makes an order under section 17(1) of the Act, varying or revoking any order under section 16 of the Act to which a power of arrest is attached, the justices' clerk shall cause a copy of the order under section 17(1) to be sent to the officer for the time being in charge of the police station to which a copy of the order under section 16 was sent in pursuance of paragraph (3) and, if the person who applied for the order under section 16 has since changed address, any police station for the new address.

(5)

In the case of an expedited order, a copy thereof shall not be sent to the police in pursuance of paragraph (3) until notice of the making of the order has been served on the respondent in accordance with paragraph (2) and the justices' clerk shall, before sending it to the police, enter on it an endorsement in the appropriate form in Schedule 1 to these Rules indicating that it has been so served and the date on which the order takes effect.

(6)

Where a copy of an expedited order is sent to the police in pursuance of paragraph (3), a copy of the order and its endorsement shall also be sent by the justices' clerk to the person who applied for the order.

(7)

Where, by virtue of section 16(8)(b) of the Act, an expedited order to which a power of arrest is attached expires on the date of the commencement of the hearing by a court of an application for an order under section 16 of that Act, the justices' clerk shall cause notice of the expiry to be sent to the officer for the time being in charge of the police station to which a copy of the order was sent in pursuance of paragraph (3).