OpenLegislation

The Non-Contentious Probate (Amendment) Rules 2009

S.I. 2009/1893 · Made 14 July 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Supreme Court Of England And Wales

Made 14th July 2009

Laid before Parliament 16th July 2009

Coming into force 1st September 2009

The President of the Family Division of the High Court (the judicial office holder nominated by the Lord Chief Justice), with the agreement of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by section 127 of the Supreme Court Act 1981f1 and in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005f2.

Annotations to the whole text

Footnotes

f1

1981,c.54. Section 127 was amended by section 12(2) of, and paragraphs 11 and 12 of Part 2 of Schedule 1 to, the Constitutional Reform Act 2005 (c.4),

f2

2005, c.4.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Non-Contentious Probate Rules 1987
  3. 3Amendment to the Non-Contentious Probate Rules 1987
  4. Signature
  5. Explanatory note

1Citation and commencement

These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 2009 and shall come into force on 1st September 2009.

2Amendment to the Non-Contentious Probate Rules 1987

The Non-Contentious Probate Rules 1987f1 are amended in accordance with rule 3.

3Amendment to the Non-Contentious Probate Rules 1987

In rule 32(1)(a) (grants on behalf of minors), for sub-paragraph (i) substitute—

“(i)

section 2(1), 2(1A), 2(2), 2(2A), 4 or 4ZA of the Children Act 1989f1,”.

Signature

Sir Mark Potter

President

10th July 2009

I agree

Signed on the authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

14th July 2009

Explanatory note

(This note is not part of the Rules)

These Rules amend the Non-Contentious Probate Rules (SI 1987/2024) by substituting in rule 32(1)(a) (grants on behalf of minors) a new sub-paragraph (i) to reflect relevant amendments made to the Children Act 1989 by the Human Fertilisation and Embryology Act 2008. The Rules come into force on the same date as the 2008 Act provisions in question.