The Family Proceedings (Amendment No. 3) Rules 2005

• Citation: S.I. 2005/559
• Sections: 26

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Family Proceedings (Amendment No. 3) Rules 2005.

(2) Rules 1, 3(b), 16 to 19, 25 and 26 shall come into force on 1st April 2005 and the remainder of these Rules shall come into force on 4th April 2005.

(3) In these Rules a reference to a rule or Appendix by number alone is a reference to the rule or Appendix so numbered in the Family Proceedings Rules 1991 .

Section 2 Amendments to the Family Proceedings Rules 1991

In the arrangement of rules—

(a) after the entry relating to rule 2.6, insert—

rule 2.6A Supplemental: petition for nullity on ground of issue of interim gender recognition certificate

rule 2.6B Supplemental: petition for nullity on ground that respondent’s gender had become acquired gender at time of marriage

(b) after the entry relating to rule 2.9, insert—

rule 2.9A Supplemental: acknowledgement of service of petition for nullity brought on ground relating to gender recognition

(c) after the entry relating to rule 2.12, insert—

rule 2.12A Supplemental: answer praying for decree of nullity on ground of issue of interim gender recognition certificate

rule 2.12B Supplemental: answer praying for decree of nullity on ground that petitioner’s gender had become acquired gender at time of marriage

(d) after the entry relating to rule 2.13, insert—

rule 2.13A Supplemental: reply to answer praying for decree of nullity on ground relating to gender recognition

(e) after the entry relating to rule 2.51, insert—

rule 2.51AA Application under section 6 of the Gender Recognition Act 2004

(f) after the entry relating to rule 3.23, insert—

rule 3.24 Reference under section 8(5) of the Gender Recognition Act 2004

(g) after the entry relating to rule 8.3, insert—

rule 8.4 Appeal under section 8(1) of the Gender Recognition Act 2004

(h) after the entry relating to rule 10.21A, insert—

rule 10.21B Documents in family proceedings concerning gender recognition

Section 3 Amendments to the Family Proceedings Rules 1991

In rule 1.2(1)—

(a) after the definition of “the President”, insert—

“the President of Gender Recognition Panels” means the office in paragraph 2(1) of Schedule 1 to the Gender Recognition Act 2004

(b) after the definition of “variation order”, insert—

;

“Welsh family proceedings officer” has the same meaning as in the Children Act 2004

Section 4 Amendments to the Family Proceedings Rules 1991

After rule 2.6, insert—

Supplemental: petition for nullity on ground of issue of interim gender recognition certificate

(2.6A)

(1) This rule applies to a petition for nullity brought under section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973 .

(2) The petitioner must file with his petition a copy of an interim gender recognition certificate issued to him or to the respondent (as the case might be), unless otherwise directed on an application made ex parte.

(3) The proper officer must give notice in writing to the Secretary of State of a petition to which this rule applies when it is presented under rule 2.6.

(4) A notice in writing under paragraph (3) must state the names of the parties to the petition, its case number and the court in which it is pending and must—

(a) where a copy of an interim certificate has been filed under paragraph (2), be accompanied by a copy of it;

(b) otherwise, state—

(i) the names of the parties to the marriage and the date and place of the marriage;

(ii) the last address at which the parties to the marriage have lived together as husband and wife; and

(iii) such further particulars as the proper officer considers appropriate.

Supplemental: petition for nullity on ground that respondent’s gender had become acquired gender at time of marriage

(2.6B) Where a petition for nullity is brought under section 12(h) of the Act of 1973 and a full gender recognition certificate has been issued to the respondent, the petitioner must file a copy of that full certificate with his petition, unless otherwise directed on an application made ex parte.

Section 5 Amendments to the Family Proceedings Rules 1991

After rule 2.9, insert—

Supplemental: acknowledgement of service of petition for nullity brought on ground relating to gender recognition

(2.9A)

(1) This rule applies where a petition for nullity is brought under—

(a) section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973 and an interim gender recognition certificate has been issued to the respondent;

(b) section 12(h) of the Act of 1973 and a full gender recognition certificate has been issued to the respondent.

(2) Where the respondent returns an acknowledgement of service in Form M6 to the court office, he must file with it a copy of that interim certificate or that full certificate (as the case might be), unless otherwise directed on an application made ex parte.

Section 6 Amendments to the Family Proceedings Rules 1991

After rule 2.12, insert—

Supplemental: answer praying for decree of nullity on ground of issue of interim gender recognition certificate

(2.12A)

(1) This rule applies to an answer under rule 2.12(1) which prays for a decree of nullity under section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973.

(2) The respondent must file with his answer a copy of an interim gender recognition certificate issued to him or to the petitioner (as the case might be), unless otherwise directed on an application made ex parte.

(3) The proper officer must give notice in writing to the Secretary of State of an answer to which this rule applies when it is filed.

(4) A notice in writing under paragraph (3) must state the names of the parties to the petition, its case number and the court in which it is pending and must—

(a) where a copy of an interim certificate has been filed under paragraph (2), be accompanied by a copy of it;

(b) otherwise, state—

(i) the names of the parties to the marriage and the date and place of the marriage;

(ii) the last address at which the parties to the marriage have lived together as husband and wife; and

(iii) such further particulars as the proper officer considers appropriate.

Supplemental: answer praying for decree of nullity on ground that petitioner’s gender had become acquired gender at time of marriage

(2.12B) Where an answer under rule 2.12(1) prays for a decree of nullity under section 12(h) of the Act of 1973 and a full gender recognition certificate has been issued to the petitioner, the respondent must file a copy of that full certificate with his answer, unless otherwise directed on an application made ex parte.

Section 7 Amendments to the Family Proceedings Rules 1991

After rule 2.13, insert—

Supplemental: reply to answer praying for decree of nullity on ground relating to gender recognition

(2.13A)

(1) This rule applies where an answer is filed under rule 2.12(1) which prays for a decree of nullity under—

(a) section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973 and an interim gender recognition certificate has been issued to the petitioner;

(b) section 12(h) of the Act of 1973 and a full gender recognition certificate has been issued to the petitioner.

(2) Where the petitioner files a reply under rule 2.13(1) to the answer, he must file with it a copy of that interim certificate or that full certificate (as the case might be), unless otherwise directed on an application made ex parte.

Section 8 Amendments to the Family Proceedings Rules 1991

In rule 2.49(2)—

(a) in sub-paragraph (g), omit “and”;

(b) after sub-paragraph (h), insert—

; and

where the decree nisi was pronounced on the ground in section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973—

that there is not pending a reference under section 8(5) of the Gender Recognition Act 2004 in respect of the application on which the interim gender recognition certificate to which the petition relates was granted;

that that interim certificate has not been revoked under section 8(6)(b) of that Act; and

that no appeal is pending against an order under section 8(6)(a) of that Act

Section 9 Amendments to the Family Proceedings Rules 1991

After rule 2.51, insert—

Application under section 6 of the Gender Recognition Act 2004

(2.51AA)

(1) This rule applies to an application made under section 6(1) of the Gender Recognition Act 2004 in respect of a full gender recognition certificate issued by a court under section 5(1) of that Act.

(2) The application must be made to the court which issued the certificate, unless otherwise directed.

(3) Where the applicant is—

(a) the person to whom the certificate was issued, the Secretary of State must be a respondent;

(b) the Secretary of State, the person to whom the certificate was issued must be a respondent.

(4) Where the court issues a corrected gender recognition certificate under section 6(4) of the Gender Recognition Act 2004, the proper officer must send a copy of the corrected certificate to the Secretary of State.

Section 10 Amendments to the Family Proceedings Rules 1991

In rules 3.1(4), 3.2(4) and 3.6(5), for “Form M6”, substitute “Form M23A”.

Section 11 Amendments to the Family Proceedings Rules 1991

In rule 3.2(5), after “defend”, insert “in Form M23A”.

Section 12 Amendments to the Family Proceedings Rules 1991

In rule 3.6(2), omit “in Form M11”.

Section 13 Amendments to the Family Proceedings Rules 1991

In rule 3.9A(5), omit “on applications”.

Section 14 Amendments to the Family Proceedings Rules 1991

In rule 3.18(3), omit “made by notice in Form M11”.

Section 15 Amendments to the Family Proceedings Rules 1991

After rule 3.23, insert—

Reference under section 8(5) of the Gender Recognition Act 2004

(3.24)

(1) A reference to the High Court under section 8(5) of the Gender Recognition Act 2004 must be made by an originating summons issued out of the principal registry.

(2) The Secretary of State is to be referred to as the applicant and the respondent is the person whose application under section 1(1), 5(2) or 6(1) of the Gender Recognition Act 2004 was granted.

(3) The originating summons must be served on the President of Gender Recognition Panels and such other persons as the court may direct.

(4) Where the applicant knows that—

(a) the respondent is a party to a cause in which the petition or answer prays for a decree of nullity under section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973, he must—

(i) give particulars of those proceedings in the originating summons, and

(ii) serve the originating summons on the court in which that petition is pending (where he has sufficient information to do so);

(b) a full gender recognition certificate has been issued to the respondent under section 5(1) of the Gender Recognition Act 2004, he must give particulars of this in the originating summons.

(5) A copy of any order of the court made on the reference must be served on—

(a) the parties,

(b) the President of Gender Recognition Panels,

(c) where sufficient particulars have been provided under paragraph (4)(a)(i), on the court in which any such cause is pending,

and may be served on such other persons as the court thinks fit.

Section 16 Amendments to the Family Proceedings Rules 1991

In rules 4.1, 4A.1, 9.5 and 10.14A, after “officer of the Service”, wherever it appears, insert “or a Welsh family proceedings officer”.

Section 17 Amendments to the Family Proceedings Rules 1991

In rule 4.11—

(a) in the heading after “officers of the Service”, insert “and Welsh family proceedings officers”;

(b) in paragraphs (1) to (4), after “the officer of the Service”, wherever it appears, insert “or the Welsh family proceedings officer”; and

(c) in paragraph (1), for ““officer of the Service””, substitute ““officer of the Service or Welsh family proceedings officer””.

Section 18 Amendments to the Family Proceedings Rules 1991

In rule 4.11A after paragraph (2) insert—

(2A) Where the children’s guardian is a Welsh family proceedings officer authorised by the National Assembly for Wales in the terms mentioned by and in accordance with section 37(1) of the Children Act 2004, paragraph (1)(a) shall not require him to appoint a solicitor for the child if he intends to have conduct of the proceedings on behalf of the child unless—

(a) the child wishes to instruct a solicitor direct; and

(b) the children’s guardian or the court considers that he is of sufficient understanding to do so.

Section 19 Amendments to the Family Proceedings Rules 1991

In rule 4.23—

(a) For paragraph (3), substitute—

(3) Nothing in this rule shall prevent the disclosure of a document prepared by an officer of the Service or a Welsh family proceedings officer for the purpose of—

(a) enabling a person to perform functions required under section 62(3A) of the Justices of the Peace Act 1997 ;

(b) enabling a person to perform functions required under section 38(1) of the Children Act 2004; or

(c) assisting an officer of the Service or a Welsh family proceedings officer who is appointed by the court under any enactment to perform his functions.

(b) In paragraph (4), for “an officer of the Service to any other officer of the Service” substitute “an officer of the Service or a Welsh family proceedings officer to any other officer of the Service or Welsh family proceedings officer”.

Section 20 Amendments to the Family Proceedings Rules 1991

After rule 8.3, insert—

Appeal under section 8(1) of the Gender Recognition Act 2004

(8.4)

(1) RSC Order 55 applies to an appeal to the High Court under section 8(1) of the Gender Recognition Act 2004 subject to the modifications made by this rule.

(2) The notice of the originating motion must be—

(a) issued out of the principal registry;

(b) served on the Secretary of State in addition to the person to be served under RSC Order 55, rule 4(1).

(3) The Secretary of State may appear and be heard in the proceedings on the appeal.

(4) Where the High Court issues a gender recognition certificate under section 8(3)(a) of the Gender Recognition Act 2004, the proper officer must send a copy of that certificate to the Secretary of State.

Section 21 Amendments to the Family Proceedings Rules 1991

In rule 10.8(1), after “rules”, insert “(other than rule 3.2(5))”.

Section 22 Amendments to the Family Proceedings Rules 1991

After rule 10.21A, insert—

Documents in family proceedings concerning gender recognition

(10.21B)

(1) This rule applies to all documents in family proceedings brought under—

(a) section 12(g) or (h) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973;

(b) the Gender Recognition Act 2004.

(2) Documents to which this rule applies must, while they are in the custody of the court, be kept in a place of special security.

Section 23 Amendments to the Family Proceedings Rules 1991

In Appendix 1—

(a) in Form M5 (Notice of Proceedings)—

(i) in paragraph 1 after the words “within 7”, insert the word “working”;

(ii) in paragraph 5(b)(iii) for the words “any rights of occupation you may have in the matrimonial home under the Matrimonial Homes Act 1983”' substitute “any matrimonial home rights you may have under Part IV of the Family Law Act 1996 ”; and

(iii) after paragraph 13, insert—

(14) If the petition is brought on the ground that an interim gender recognition certificate has been issued to a party to the marriage (under section 12(g), or paragraph 11(1)(e) of Schedule 1 to, the Matrimonial Causes Act 1973) and such a certificate has been issued to you, you must, when returning the acknowledgement of service, attach to it a copy of your interim certificate.

(15) If the petition is brought on the ground that your gender was the acquired gender at the time of the marriage under the Gender Recognition Act 2004 (under section 12(h) of the Matrimonial Causes Act 1973) and a full gender recognition certificate has been issued to you, you must, when returning the acknowledgement of service, attach to it a copy of your full certificate.

(b) for Form M20, substitute the form set out in Schedule 1 to these Rules;

(c) in Form M23, omit “Take Notice that” to the end of the form; and

(d) after Form M23, insert Form M23A as set out in Schedule 2 to these Rules.

Section 24 Amendments to the Family Proceedings Rules 1991

In paragraph 2 of Appendix 2 for “section 12(e) or (f)”, substitute “section 12(e), (f) or (h)”.

Section 25 Transitional provisions

Where—

before the coming into force of these rules a person has been appointed under section 41(1) of the Children Act 1989 ;

the proceedings in which he was appointed are still continuing; and

that person has become a Welsh family proceedings officer,

then for the purposes of the Family Proceedings Rules 1991 that person’s appointment shall continue notwithstanding that he is no longer an officer of the Service.

Section 26 Transitional provisions

Where—

before the coming into force of these rules a person has been asked to prepare a welfare report in accordance with section 7(1)(a) of the Children Act 1989;

the proceedings in which the report was requested are still continuing; and

that person has become a Welsh family proceedings officer,

then for the purposes of the Family Proceedings Rules 1991 the request shall continue to have effect notwithstanding that the person is no longer an officer of the Service.