The Family Procedure (Amendment) Rules 2013

• Citation: S.I. 2013/530
• Sections: 5

Section 1 Citation and commencement

These rules may be cited as the Family Procedure (Amendment) Rules 2013 and come into force on 1st April 2013.

Section 2 Amendments to the Family Procedure Rules 2010

The Family Procedure Rules 2010 are amended in accordance with rules 3 to 5.

Section 3 Amendments to the Family Procedure Rules 2010

In rule 28.2—

(a) in paragraph (1)—

(i) for “Parts 43, 44 (except rules 44.3(2) and (3), 44.9 to 44.12C, 44.13(1A) and (1B) and 44.18 to 20), 47 and 48 and rule 46.6” substitute “Parts 44 (except rules 44.2(2) and (3) and 44.10(2) and (3)), 46 and 47 and rule 45.8”;

(ii) in sub-paragraph (a), for “43.2(1)(c)(ii)” substitute “44.1(1)(f)(ii)”; and

(iii) in sub-paragraph (b), for “48.7(1)” substitute “46.8(1)”, and

(b) in paragraph (2), for “44.3C and 45.6” substitute “45.8 and 46.7”.

Section 4 Amendments to the Family Procedure Rules 2010

In rule 28.3—

(a) in paragraph (2), for “44.3” substitute “44.2”;

(b) in paragraph (3), for “Rule 44.3(6) to (9)” substitute “Rules 44.2(6) to (8) and 44.12”; and

(c) in paragraph (4)(a), for “43.2(1)(a)” substitute “44.1(1)(c)”.

Section 5 Amendments to the Family Procedure Rules 2010

In rule 30.3—

(a) in paragraph (5), for “Where” substitute “Subject to paragraph (5A), where”; and

(b) after paragraph (5), insert—

(5A) Where a judge of the High Court or a Designated Family Judge refuses permission to appeal without a hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at a hearing.

(5B) Rule 4.3(5) will not apply to an order that the person seeking permission may not request the decision to be reconsidered at a hearing made under paragraph (5A).