The Family Procedure (Amendment No.3) Rules 2013

• Citation: S.I. 2013/3204
• Sections: 137

Section 1 Citation, interpretation and commencement

These Rules may be cited as the Family Procedure (Amendment No.3) Rules 2013 and come into force on the date on which section 17(3) of the Crime and Courts Act 2013 is brought fully into force.

Section 2 Amendments to the Family Procedure Rules 2010

The Family Procedure Rules 2010 are amended in accordance with rules 3 to 136.

Section 3 Amendments to the Family Procedure Rules 2010

For rule 2.1, substitute—

Application of these Rules

(2.1) Unless the context otherwise requires, these rules apply to family proceedings in—

(a) the High Court; and

(b) the family court.

Section 4 Amendments to the Family Procedure Rules 2010

In rule 2.3(1)—

(a) omit the definitions of—

(i) “Allocation Order”;

(ii) “civil partnership proceedings county court”;

(iii) “court of trial”;

(iv) “designated county court”;

(v) “district judge”;

(vi) “district registry”;

(vii) “divorce county court”; and

(viii) “Royal Courts of Justice”;

(b) in the definition of “court” for “, a county court or a magistrates’ court” substitute “or the family court”; and

(c) in the definition of “court officer” for the words after “means”, including the words in parentheses at the end of the definition, substitute “a member of court staff”.

Section 5 Amendments to the Family Procedure Rules 2010

In rule 2.5(1)—

(a) for the words from “, any other enactment” to “1990,” substitute “or any other enactment”;

(b) for paragraph (b) substitute—

(b) in relation to proceedings in the family court, by any judge.

(c) omit paragraph (c); and

(d) for the words in parentheses at the end of paragraph (1) substitute—

(Rules made under section 31O of the 1984 Act make provision for a justices’ clerk to carry out certain functions of the family court or of a judge of the family court and for an assistant to a justices’ clerk to carry out functions of a justices’ clerk given under those rules, or by section 31O(2) of the 1984 Act.)

Section 6 Amendments to the Family Procedure Rules 2010

In rule 4.3—

(a) in paragraph (2), for “Where” substitute “Subject to rule 29.17, where”; and

(b) in paragraph (7), for “the High Court or a county court” substitute “the court”.

Section 7 Amendments to the Family Procedure Rules 2010

In rule 4.4(5), for “the High Court or a county court” substitute “the court”.

Section 8 Amendments to the Family Procedure Rules 2010

In rule 4.8(a), for “the High Court or a county court” substitute “the court”.

Section 9 Amendments to the Family Procedure Rules 2010

After rule 5.3, insert—

Where to start proceedings

(5.4)

(1) Where both the family court and the High Court have jurisdiction to deal with a matter, the proceedings relating to that matter must be started in the family court.

(2) Paragraph (1) does not apply where—

(a) proceedings relating to the same parties are already being heard in the High Court;

(b) any rule, other enactment or Practice Direction provides otherwise; or

(c) the court otherwise directs.

Section 10 Amendments to the Family Procedure Rules 2010

In rule 6.16(1), for “district judge” substitute “court”.

Section 11 Amendments to the Family Procedure Rules 2010

In rule 6.18—

(a) in paragraph (3), for “133 of the County Courts Act 1984” substitute “31N of the 1984 Act”; and

(b) in the words in parentheses after paragraph (3)—

(i) for “133 of the County Courts Act 1984” substitute “31N of the 1984 Act”; and

(ii) for “a county court” substitute “the family court”.

Section 12 Amendments to the Family Procedure Rules 2010

Omit rules 7.1(2), 7.2, 7.3, 7.5 and 7.17.

Section 13 Amendments to the Family Procedure Rules 2010

In rule 7.20(2)(a), for “district judge” substitute “judge”.

Section 14 Amendments to the Family Procedure Rules 2010

Omit rules 7.23 and 7.24.

Section 15 Amendments to the Family Procedure Rules 2010

For rule 7.33(3), substitute—

(3) An application under this rule to which paragraph (2)(a) applies must be served on the Queen’s Proctor.

Section 16 Amendments to the Family Procedure Rules 2010

Omit rule 8.7.

Section 17 Amendments to the Family Procedure Rules 2010

For rule 8.14, substitute—

Where to start proceedings

(8.14) Where any matrimonial proceedings or civil partnership proceedings have been started, or are intended to be started, by the applicant or the respondent, the application must be made in the same court as those matrimonial proceedings or civil partnership proceedings.

(Practice Direction 8A makes provision in respect of the particular location where the application should be made.)

Section 18 Amendments to the Family Procedure Rules 2010

Omit rule 8.19.

Section 19 Amendments to the Family Procedure Rules 2010

For rule 8.24, substitute—

How to start proceedings

(8.24) The application must be made in accordance with the Part 18 procedure.

Section 20 Amendments to the Family Procedure Rules 2010

In rule 8.28, for “If” substitute “In the High Court, if”.

Section 21 Amendments to the Family Procedure Rules 2010

For rule 8.30, substitute—

Where to start proceedings

(8.30) Where any matrimonial proceedings or civil partnership proceedings have been started by the applicant or the respondent, the application must be made in the same court as those matrimonial proceedings or civil partnership proceedings.

(Practice Direction 8A makes provision in respect of the particular location where the application should be made.)

Section 22 Amendments to the Family Procedure Rules 2010

Omit rules 8.37 and 9.3(2).

Section 23 Amendments to the Family Procedure Rules 2010

In rule 9.5—

(a) in paragraph (1)(a), for “a designated county court” substitute “the family court”;

(b) omit paragraph (2); and

(c) in the words in parentheses at the end of the rule after “2004 Act” insert “which is proceeding in the High Court”.

Section 24 Amendments to the Family Procedure Rules 2010

In rule 9.10—

(a) in paragraph (1)(f), before “a child” insert “subject to paragraph (1A),”; and

(b) after paragraph (1) insert—

(1A) Where the application is—

(a) for the variation of an order under section 2(1)(c), 6 or 7 of the 1978 Act or paragraph 2(1)(c) of, or Part 2 or 3 of, Schedule 6 to the 2004 Act for periodical payments in respect of a child;

(b) the application is made by the child in question; and

(c) the child in question is aged 16 or over,

the child does not require permission to make the application.

Section 25 Amendments to the Family Procedure Rules 2010

In the heading to Chapter 4 of Part 9, omit “in the High Court and County Court”.

Section 26 Amendments to the Family Procedure Rules 2010

In rule 9.12(1), for “in the High Court or in a county court” substitute “, except where Chapter 5 of this Part applies”.

Section 27 Amendments to the Family Procedure Rules 2010

For the heading to Chapter 5 of Part 9, substitute “Procedure after filing particular applications”.

Section 28 Amendments to the Family Procedure Rules 2010

In rule 9.18—

(a) before paragraph (1) insert—

(A1) This Chapter applies where an application is made—

(a) under—

(i) the 1978 Act;

(ii) Schedule 6 to the 2004 Act;

(iii) Schedule 1 to the 1989 Act; or

(b) for the variation of an order for a financial remedy.

(b) in paragraph (1) for the words from “When” to “in a magistrates’ court” substitute “Where an application is issued”.

Section 29 Amendments to the Family Procedure Rules 2010

After rule 9.18, insert—

Request for change of procedure

(9.18A)

(1) This rule applies if the applicant wishes to seek a direction from the court that the procedure in Chapter 4 of this Part should apply to an application for an order in proceedings referred to in rule 9.18(A1).

(2) The application for the order must state—

(a) that the applicant seeks a direction that the procedure in Chapter 4 of this Part should apply; and

(b) the applicant’s reasons for seeking such a direction.

(3) The court will—

(a) determine without notice to the parties and before the first hearing whether the procedure in Chapter 4 or Chapter 5 of this Part should apply to the application; and

(b) notify the parties of its determination and any directions made in consequence of that determination.

Section 30 Amendments to the Family Procedure Rules 2010

In rule 9.21, in the first column of the table, omit “, except an application for variation of an order” in both of the places those words occur.

Section 31 Amendments to the Family Procedure Rules 2010

In rule 9.22—

(a) in the heading, omit “in a magistrates’ court”;

(b) in paragraph (1)—

(i) omit “to a magistrates’ court”; and

(ii) after “or for” insert “the variation or”;

(c) omit paragraph (3); and

(d) omit the words in parentheses at the end of the rule.

Section 32 Amendments to the Family Procedure Rules 2010

In rule 9.23—

(a) in paragraph (1)—

(i) for “designated officer” substitute “court officer”; and

(ii) for “a county court” substitute “the family court”; and

(b) omit paragraph (2).

Section 33 Amendments to the Family Procedure Rules 2010

In rule 9.25, omit paragraphs (2)(a), (3), (4) and (5).

Section 34 Amendments to the Family Procedure Rules 2010

Omit rule 9.27(3).

Section 35 Amendments to the Family Procedure Rules 2010

In rule 10.2—

(a) in paragraph (2), for “Subject to paragraph (3), an” substitute “An”; and

(b) omit paragraph (3).

Section 36 Amendments to the Family Procedure Rules 2010

Omit rule 10.4.

Section 37 Amendments to the Family Procedure Rules 2010

In rule 10.5, for “In the High Court and a county court, any” substitute “Any”.

Section 38 Amendments to the Family Procedure Rules 2010

In rule 10.11—

(a) in the heading, omit “in a county court or the High Court”;

(b) in the first set of words in parentheses at the end of the rule, for “a county court and the High Court” substitute “the court”; and

(c) omit the second set of words in parentheses at the end of the rule.

Section 39 Amendments to the Family Procedure Rules 2010

In rule 10.14—

(a) for “The High Court or a county court” substitute “The court”; and

(b) omit the words in parentheses at the end of the rule.

Section 40 Amendments to the Family Procedure Rules 2010

In rule 10.15—

(a) in paragraphs (1) and (2), for “High Court or a county court” substitute “court”; and

(b) omit the words in parentheses at the end of the rule.

Section 41 Amendments to the Family Procedure Rules 2010

In rule 10.16—

(a) in paragraph (1), for “High Court or a county court” substitute “court”; and

(b) omit the words in parentheses at the end of the rule.

Section 42 Amendments to the Family Procedure Rules 2010

In rule 10.17—

(a) in paragraph (1)—

(i) for “High Court or a county court” substitute “court”; and

(ii) in sub-paragraph (a), for “district judge” substitute “judge of the court”; and

(b) omit the words in parentheses at the end of the rule.

Section 43 Amendments to the Family Procedure Rules 2010

In rule 11.1(1), omit “in the High Court or a county court”.

Section 44 Amendments to the Family Procedure Rules 2010

Omit rule 11.5.

Section 45 Amendments to the Family Procedure Rules 2010

In rule 11.14, in the words in parentheses at the end of the rule, for “a county court and the High Court” substitute “the court”.

Section 46 Amendments to the Family Procedure Rules 2010

In rule 11.19(1)(a), for “district judge” substitute “judge of the court”.

Section 47 Amendments to the Family Procedure Rules 2010

Omit rules 12.9, 12.10 and 12.11.

Section 48 Amendments to the Family Procedure Rules 2010

In rule 12.16—

(a) in paragraph (2) omit “, in the High Court or a county court,”; and

(b) omit paragraph (3).

Section 49 Amendments to the Family Procedure Rules 2010

In rule 12.33, omit “to the High Court or a county court”.

Section 50 Amendments to the Family Procedure Rules 2010

In rule 12.35(1), for “the High Court or a county court” substitute “the court”.