Rule 5.3 Where minor ceases to be a ward of court

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
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
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

(1)

A minor who, by virtue of section 41(2) of the Supreme Court Act 1981^f1, becomes a ward of court on the issue of a summons under rule 5.1 shall cease to be a ward of court–

(a)

if an application for an appointment for the hearing of the summons is not made within the period of 21 days after the issue of the summons, at the expiration of that period;

(b)

if an application for such an appointment is made within that period, on the determination of the application made by the summons unless the court hearing it orders that the minor be made a ward of court.

(2)

Nothing in paragraph (1) shall be taken as affecting the power of the court under section 41(3) of the said Act to order that any minor who is for the time being a ward of court shall cease to be a ward of court.

(3)

If no application for an appointment for the hearing of a summons under rule 5.1 is made within the period of 21 days after the issue of the summons, a notice stating whether the applicant intends to proceed with the application made by the summons must be left at the registry in which the matter is proceeding immediately after the expiration of that period.

Annotations

Footnotes

f1: 1981 c. 54.