The Family Proceedings Courts (Children Act 1989) (Amendment No 3) Rules 2005

• Citation: S.I. 2005/585
• Sections: 9

Section 1 Citation, commencement and interpretation

(1) These rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment No3) Rules 2005 and shall come into force on 1st April 2005.

(2) In these rules a reference to a rule by number alone means the rule so numbered in the Family Proceedings Courts (Children Act 1989) Rules 1991 (“the 1991 Rules ”) .

Section 2 Amendments to the 1991 Rules

The 1991 Rules shall be amended in accordance with the provisions of these rules.

Section 3 Amendments to the 1991 Rules

In rule 1—

(a) in the definition of “children and family reporter”, after “officer of the service” insert “or a Welsh family proceedings officer”;

(b) in the definition of “children’s guardian” in sub-paragraph (a), after “officer of the service” insert “or a Welsh family proceedings officer”; and

(c) after the definition of “welfare officer” insert—

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

Section 4 Amendments to the 1991 Rules

In rule 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 5 Amendments to the 1991 Rules

In rule 11A(5), after “the officer of the service” insert “or the Welsh family proceedings officer”.

Section 6 Amendments to the 1991 Rules

In rules 21A and 22A, after “an officer of the service”, wherever it appears, insert “or a Welsh family proceedings officer”.

Section 7 Amendments to the 1991 Rules

In rule 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 8 Transitional provisions

(1) Where—

(a) before the coming into force of these rules a person has been appointed by the court for a child ordinarily resident in Wales under section 41(1) of the Children Act 1989 ;

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

(c) that person has become a Welsh family proceedings officer,

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

Section 9 Transitional provisions

(1) Where—

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

(b) in relation to a child ordinarily resident in Wales;

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

(d) that person has become a Welsh family proceedings officer,

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