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[F1PART 21E+WCHILDREN AND PROTECTED PARTIES

Textual Amendments

Modifications etc. (not altering text)

Requirement for a litigation friend in proceedings by or against children and protected partiesE+W

21.2.(1) A protected party must have a litigation friend to conduct proceedings on [F2their] behalf.

[F3(2) Unless the court makes an order under paragraph (3), a litigation friend must conduct proceedings on a child’s behalf.]

(3) The court may make an order permitting a child to conduct proceedings without a litigation friend.

(4) An application for an order under paragraph (3)—

(a)may be made by the child;

(b)if the child already has a litigation friend, must be made on notice to the litigation friend; and

(c)if the child has no litigation friend, may be made without notice.

(5) Where—

(a)the court has made an order under paragraph (3); and

[F4(b)it later appears to the court desirable for a litigation friend to conduct the proceedings on the child’s behalf,]

the court may appoint a person to be the child’s litigation friend.

[F5(6) Where one of the parties is a child or protected party, that party shall be referred to in the title to the proceedings as “[name] (a [child] [protected party]) by [name] as litigation friend”.

(7) Where one of the parties is a child conducting the proceedings on their own behalf, the child shall be referred to in the title as “[name] (a child)”.]]