The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2010

• Citation: S.I. 2010/787
• Sections: 10

Section 1 Citation and commencement

These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2010 and come into force on 6 th April 2010.

Section 2 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

The Family Proceedings Courts (Children Act 1989) Rules 1991 are amended in accordance with rules 3 to 9.

Section 3 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

In the Arrangement of Rules, after the entry for rule 14, insert—

14A Timetable for the Child in proceedings for a care order or supervision order

Section 4 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

In rule 2(5)—

(a) after paragraph (c) insert—

(cc) in accordance with rule 16A(1) except that a single justice may only give permission under rule 16A(1)(g) for a person to be present at a directions appointment or a hearing which that justice is conducting,

(b) in paragraph (e), for “10 to 19” substitute “10 to 16, 17 to 19”.

Section 5 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

In rule 4 in paragraph (1A)—

(a) in sub-paragraph (a)(i), after “C100,”, insert “C110,”;

(b) for sub-paragraph (a)(ii) substitute—

(ii) supplemental Forms C10, C11, C12 and C13A to C20 as appropriate,

(c) after sub-paragraph (a)(ii) insert—

(iiA) in the case of an application for a care order or supervision order, such of the documents specified in the Annex to Form C110 as are available, and

Section 6 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

In rule 14(2), after “paragraph (5)”, insert “and rule 14A”.

Section 7 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

After rule 14 insert—

Timetable for the Child in proceedings for a care order or supervision order

(14A)

(1) In proceedings for a care order or supervision order, the court shall set the timetable of the proceedings in accordance with the Timetable for the Child.

(2) The “Timetable for the Child” means the timetable set by the court in accordance with its duties under sections 1 and 32 and shall—

(a) take into account dates of the significant steps in the life of the child who is the subject of the proceedings; and

(b) be appropriate for that child.

Section 8 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

In rule 16A, after paragraph (5), insert—

(5A) A justices’ clerk may give permission under paragraph (1)(g) for a person to be present at a directions appointment or a hearing which that clerk is conducting.

Section 9 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

In Schedule 1—

(a) in the list of forms—

(i) in the entry for Form C1, for the words in the third column, substitute “Children Act 1989 except care and supervision orders, Section 8 orders and orders related to enforcement of a contact order”;

(ii) after the entry for Form C100, in the first column insert “C110”, in the second column “Application” and in the third column “under the Children Act 1989 for a care order or supervision order”; and

(iii) omit the entry for Form C13;

(b) for Form C1, substitute the form set out in Part 1 of the Schedule to these Rules;

(c) after Form C100, insert Form C110 as set out in Part 2 of the Schedule to these Rules; and

(d) omit Form C13.

Section 10 Transitional provisions relating to care and supervision orders

Where proceedings for a care order or supervision order have been commenced before these Rules come into force, the Family Proceedings Courts (Children Act 1989) Rules 1991 shall apply to those proceedings as if rule 5 had not been made.