Family Law Act 1986

64 Family proceedings rules.

(1) Rules of court made by the rule-making authority constituted by section 40 of the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984 (family proceedings rules) which relate to the costs of proceedings—

(a) may amend or repeal any statutory provision relating to the practice and procedure of the Supreme Court or county courts so far as may be necessary in consequence of provision made by the rules; and

(b) may make different provision for different cases or descriptions of cases, for different circumstances or for different areas.

(2) Notwithstanding anything in the [1974 c. 4.] Legal Aid Act 1974, the power conferred by subsection (1)(b) above includes power to make different provision according to whether each or any of the parties is entitled to legal aid in connection with the proceedings.

(3) In this section—

• “legal aid” means legal aid under Part I of the [1974 c. 4.] Legal Aid Act 1974;

• “statutory provision” means any enactment, whenever passed, or any provision contained in subordinate legislation (as defined in section 21(1) of the [1978 c. 30.] Interpretation Act 1978), whenever made.

(4) In relation to any time before the coming into force of section 40 of the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984, this section shall have effect as if the reference in subsection (1) above to that section were a reference to section 50 of the [1973 c. 18.] Matrimonial Causes Act 1973 (matrimonial causes rules).