OpenLegislation

Paragraph 51 Family Proceedings Courts (Children Act 1989) Rules 1991

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

In Schedule 2, in the entry relating to section 4(1)(c), 4(3), 5(1) etc—

(a)

in column (i)—

(i)

after “4(3),” insert “4A(1)(b), 4A(3),”; and

(ii)

after “13(1),” insert “14A, 14C(3), 14D,”;

(b)

at the end of column (iii), add—

  • “in the case of an application under section 14A, if a care order is in force with respect to the child, the child”; and

(c)

at the end of column (iv), add—

  • “in the case of an application under section 14A—

    1. (a)

      if the child is not being accommodated by the local authority, the local authority in whose area the applicant is ordinarily resident, and

    2. (b)

      every other person whom the applicant believes—

      1. (i)

        to be named in a court order with respect to that child which remains in force,

      2. (ii)

        to be a party to pending proceedings in respect of the same child,

      3. (iii)

        to be a person with whom the child has lived for at least 3 years prior to the application,

      unless, in a case to which (i) or (ii) applies, the applicant believes that the court order or pending proceedings are not relevant to the application;

    in the case of an application under section 14D—

    1. (a)

      as for applications under section 14A above, and

    2. (b)

      the local authority that prepared the report under section 14A(8) or (9) in the proceedings leading to the order which it is sought to have varied or discharged, if different from any local authority that will be otherwise be notified ”.