The Family Proceedings (Amendment No. 3) Rules 1997

Citation, commencement and interpretation

7.  After rule 8.1, there shall be inserted the following new rule–

“Appeals from orders made under Part IV of the Family Law Act 1996

8.1A— (1) This rule applies to all appeals from orders made under Part IV of the Family Law Act 1996 and on such an appeal–

(a) paragraphs (2), (3), (4), (5), (7) and (8) of rule 4.22,

(b) paragraphs (5) and (6) of rule 8.1, and

(c) paragraphs (4)(e) and (6) of rule 8.2,

shall apply subject to the following provisions of this rule and with the necessary modifications.

(2) The justices' clerk of the magistrates' court from which an appeal is brought shall be served with the documents mentioned in rule 4.22(2).

(3) Where an appeal lies to the High Court, the documents required to be filed by rule 4.22(2) shall be filed in the registry of the High Court which is nearest to the magistrates' court from which the appeal is brought.

(4) Where the appeal is brought against the making of a hospital order or a guardianship order under the Mental Health Act 1983, a copy of any written evidence considered by the magistrates' court under section 37(1)(a) of the 1983 Act shall be sent by the justices' clerk to the registry of the High Court in which the documents relating to the appeal are filed in accordance with paragraph (3).

(5) A district judge may dismiss an appeal to which this rule applies for want of prosecution and may deal with any question of costs arising out of the dismissal or withdrawal of an appeal.

(6) Any order or decision granting or varying an order (or refusing to do so) in proceedings in which an application is made in accordance with rule 3.8 for–

(a) an occupation order as described in section 33(4) of the Family Law Act 1996,

(b) an occupation order containing any of the provisions specified in section 33(3) where the applicant or the respondent has matrimonial home rights, or

(c) a transfer of tenancy,

shall be treated as a final order for the purposes of CCR Order 37, rule 6 and, on an appeal from such an order, the judge may exercise his own discretion in substitution for that of the district judge and the provisions of CCR Order 37, rule 6 shall apply.”.