Rule 14 Notice by person proposing to bring proceedingsI1

England and Wales

(1)

The applicant shall send a notice to the F1F2designated officer for the court specifying the grounds for the proceedings and the names and addresses of the persons to whom a copy of the notice is sent in pursuance of paragraph (2).

(2)

Without prejudice to section 34(2) of the Act of 1969 and regulations made under section 25 of the Act of 1989, the applicant shall—

(a)

send to each of the persons mentioned in paragraph (3) a copy of the said notice, and

(b)

notify each of those persons of the date, time and place appointed for the hearing unless a summons is issued for the purpose of securing his attendance thereat.

(3)

The persons referred to in paragraph (2) are—

(a)

the relevant minor, unless it appears to the applicant inappropriate to notify him in pursuance of paragraph (2), having regard to his age and understanding,

(b)

the parent or guardian of the relevant minor if the whereabouts of such parent or guardian is known to the applicant or can readily be ascertained by him, and

F3(c)

in a case where—

(i)

the relevant minor has a father, and

(ii)

the father and mother of the relevant minor were not married to each other at the time of the relevant minor’s birth,

any person who is known to the applicant to have made an application for an order under section 4 of the Act of 1989 (acquisition of parental responsibility by father) which has not yet been determined; and

(d)

in a case where—

(i)

the relevant minor has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, and

(ii)

the relevant minor is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies,

any person who is known to the applicant to have made an application for an order under section 4ZA of the Act of 1989 (acquisition of parental responsibility by second female parent) which has not yet been determined.

Annotations

Textual amendments

F1: Words in rule 14(1) substituted (1.4.2001) by The Magistrates' Courts (Transfer of Justices' Clerks' Functions) (Miscellaneous Amendments) Rules 2001 (S.I. 2001/615), rule 1, Sch. 1 para. 126
F2: Words in rule 27(1)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 158
F3: Rule 14(3)(c)(d) substituted for rule 14(3)(c) (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 11 (with Sch. 4)

Commencement

I1: Rule 14 in force at 1.10.1992, see rule 1