The Family Proceedings (Amendment) (No. 2) Rules 2006

• Citation: S.I. 2006/2080
• Sections: 9

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Family Proceedings (Amendment) (No.2) Rules 2006 and shall come into force on 21st August 2006.

(2) In these Rules, a reference to a rule by number alone is a reference to the rule so numbered in the Family Proceedings Rules 1991 (“the 1991 Rules ”).

Section 2 Amendments to the 1991 Rules

In the arrangement of rules, after the entry relating to rule 2.70, insert—

(2.70A) Pension Protection Fund

Section 3 Amendments to the 1991 Rules

In rule 2.51C(1), after “section 5(1)”, insert “or 5A(1)”.

Section 4 Amendments to the 1991 Rules

In rule 2.61(1), in sub-paragraph (dd), omit —

(a) “24B,”; and

(b) “15,”.

Section 5 Amendments to the 1991 Rules

In rule 2.61B(3),

(a) at the end of sub-paragraph (b) omit “and”; and

(b) after sub-paragraph (c), insert—

; and

(d) any notification or other document referred to in paragraphs (2), (4) or (5) of rule 2.70A which has been received by the party producing the form.

Section 6 Amendments to the 1991 Rules

After rule 2.70, insert—

Pension Protection Fund

(2.70A)

(1) This rule applies where—

(a) rule 2.70 applies; and

(b) the party with pension rights or the civil partner with pension rights (“the member”) receives or has received notification in compliance with the Pension Protection Fund (Provision of Information) Regulations 2005 (“the 2005 Regulations ”) —

(i) from the person responsible for the pension arrangement, that there is an assessment period in relation to the pension arrangement; or

(ii) from the Board that it has assumed responsibility for the pension arrangement or part of it.

(2) If the person responsible for the pension arrangement notifies or has notified the member that there is an assessment period in relation to the pension arrangement, the member must send to the other party or civil partner—

(a) a copy of the notification; and

(b) a copy of the valuation summary,

in accordance with paragraph (3).

(3) The member must send the documents referred to in paragraph (2)—

(a) if available, when he sends the information received under rule 2.70(2); or

(b) otherwise, within 7 days of receipt.

(4) If—

(a) the pension arrangement is in an assessment period; and

(b) the Board notifies the member that it has assumed responsibility for the pension arrangement, or part of it,

the member must—

(i) send a copy of the notification to the other party or civil partner within 7 days of receipt; and

(ii) comply with paragraph (5).

(5) Where paragraph (4) applies, the member must —

(a) within 7 days of receipt of the notification, request the Board in writing to provide a forecast of his compensation entitlement as described in the 2005 Regulations; and

(b) send a copy of the forecast of his compensation entitlement to the other party or civil partner within 7 days of receipt.

(6) In this rule—

(a) in a matrimonial cause, all words and phrases defined in section 25E(9) of the Act of 1973 have the meanings assigned by that subsection;

(b) in a civil partnership cause, all words and phrases defined in paragraph 37 of Schedule 5 to the Act of 2004 have the meanings assigned by that paragraph; and

(c) “valuation summary” has the meaning assigned to it by the 2005 Regulations.

(7) Paragraph (18) of rule 2.70 shall apply to this rule as it applies to rule 2.70.

Section 7 Amendments to the 1991 Rules

In rule 6.11(2), after “section 20(2) of the Act” insert “, Article 21(2) of the Child Abduction and Custody (Jersey) Law 2005”.

Section 8 Amendments to the 1991 Rules

In rules 6.11(4) and 6.12, after “the High Court in Northern Ireland”, wherever those words appear, insert “, the Royal Court of Jersey”.

Section 9 Amendments to the 1991 Rules

In rule 6.11(5), after “a court of summary jurisdiction in Northern Ireland,” insert “the Royal Court of Jersey, a court of summary jurisdiction in Jersey,”.