Rule 4.7 Parties

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

rules 10.24-10.25 added by Family Proceedings 1993 rule 6
rule 4.7(2) amended by Family Proceedings 1994 rule 13
rules 2.71-2.77 revoked by Family Proceedings 1999 rule 19
rules 3.1-3.20 (Pt.III) am. (references to any of rules 2.52-2.70 shatl be read as references to those rules as they were before these rules came into force) by Family Proceedings 1999 rule 20
rule 4.7(1) amended by Family Proceedings 1992 rule 7
rules 3.21-3.23 added by Family Proceedings 1993 rule 4
rules 2.71-2.77 added by Family Proceedings 1997 rule 4
rule 2.45A-2.45B inserted by Family Proceedings 2003 rule 3
rule 4.7(3)(a) words inserted by Family Proceedings 2005 rule 79(a)
rule 4.7(3)(b)(i) words inserted by Family Proceedings 2005 rule 79(b)
rule 4.7(3)(b)(ii) words inserted by Family Proceedings 2005 rule 79(a)

(1)

The respondents to proceedings to which this Part applies shall be those persons set out in the relevant entry in column (iv) of Appendix 3 to these rules.

(2)

In proceedings to which this Part applies, a person may file a request in writing that he or another person–

(a)

be joined as a party, or

(b)

cease to be a party.

(3)

On considering a request under paragraph (2) the court shall, subject to paragraph (4)–

(a)

grant it without a hearing or representations, save that this shall be done only in the case of a request under paragraph (2)(a), whereupon the proper officer shall inform the parties and the person making the request of that decision, or

(b)

order that a date be fixed for the consideration of the request, whereupon the proper officer shall give notice of the date so fixed, together with a copy of the request–

(i)

in the case of a request under paragraph (2)(a), to the applicant, and

(ii)

in the case of a request under paragraph (2)(b), to the parties, or

(c)

invite the parties or any of them to make written representations, within a specified period, as to whether the request should be granted; and upon the expiry of the period the court shall act in accordance with sub-paragraph (a) or (b).

(4)

Where a person with parental responsibility requests that he be joined under paragraph (2)(a), the court shall grant his request.

(5)

In proceedings to which this Part applies the court may direct–

(a)

that a person who would not otherwise be a respondent under these rules be joined as a party to the proceedings, or

(b)

that a party to the proceedings cease to be a party.