The Family Proceedings (Amendment No. 2) Rules 2003

Statutory Instruments

2003 No. 2839 (L. 35)

FAMILY PROCEEDINGS, ENGLAND AND WALES

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Family Proceedings (Amendment No. 2) Rules 2003

Made

10th November 2003

Laid before Parliament

10th November 2003

Coming into force in accordance with rule 1(1)

We, the authority having power under section 40(1) of the Matrimonial and Family Proceedings Act 1984(1) to make rules of court for the purposes of family proceedings in the High Court and county courts, in the exercise of the powers conferred by section 40, make the following Rules:

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Family Proceedings (Amendment No. 2) Rules 2003 and shall come into force—

(a) for the purpose of rules 1 to 3, 5 and 6 and the Schedule, on 1st December 2003; and

(b) otherwise, on the date on which section 111 (Parental responsibility of unmarried father) of the Adoption and Children Act 2002(2) comes into force.

(2) In these Rules, unless the context requires otherwise, a reference to a rule, Appendix or form by number alone means the rule, Appendix or form so numbered in the Family Proceedings Rules 1991(3).

Transitional provisions

2.  In relation to any of these Rules, other than rules 3, 4, 7 and 8, where proceedings have been commenced before the date on which that Rule comes into force, the Family Proceedings Rules 1991 shall apply to those proceedings as if that Rule had not been made.

Amendments to the Family Proceedings Rules 1991

3.  In rule 2.61(1)(dd), for “14” substitute “21”.

4.  In rule 4.1(2)(c), for “4(1)(a)” substitute “4(1)(c)”.

5.  In Form M5, in paragraph 3 for the words from “within 28 days” to “proceedings” substitute “file in the Court office an answer to the petition, together with a copy for every other party to the proceedings. You must file your answer within 21 days after the time limit for giving notice for intention to defend has expired, which is in turn 7 working days after the notice has been served on you.”.

6.  Substitute the forms set out in the Schedule to these Rules for Forms M7(a), M7(b), M7(c), M7(d) and M7(e).

7.  In Form C45—

(a) for “4(3)” substitute “4(2A)”;

(b) before “application of the child” insert “the”.

8.  In Appendix 3, for “4(1)(a)” substitute “4(1)(c)”.

Elizabeth Butler-Sloss,

His Honour Judge Victor Hall,

Mark Harper,

Claire Jenkins,

District Judge Rachel Evans,

Senior District Judge Gerald Angel,

Godfrey Freeman,

Peter Hunt,

Christopher Frazer.

Falconer of Thoroton, C

Dated 10th November 2003

Rule 5

SCHEDULE

Rule 2.24(3)

Form M7(a) Affidavit by petitioner in support of petition under Section 1(2)(a) of the Matrimonial Causes Act 1973

Rule 2.24(3)

Form M7(b) Affidavit by petitioner in support of petition under Section 1(2)(b) of the Matrimonial Causes Act 1973

Rule 2.24(3)

Form M7(c) Affidavit by petitioner in support of petition under Section 1(2)(c) of the Matrimonial Causes Act 1973

Rule 2.24(3)

Form M7(d) Affidavit by petitioner in support of petition under Section 1(2)(d) of the Matrimonial Causes Act 1973

Rule 2.24(3)

Form M7(e) Affidavit by petitioner in support of petition under Section 1(2)(e) of the Matrimonial Causes Act 1973

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Rules 1991 (S.I. 1991/1247) (“the 1991 Rules”) so as to:

• change the time limit for objections from the pension provider in respect of orders for pensions and pension sharing to 21 days (rule 3);

• correct the time limit for filing an answer to a petition in Form M5 (rule 5);

• substitute replacement Forms M7(a) to (e) (rule 6); and

• make minor amendments consequential on the amendment of section 4 of the Children Act 1989 by section 111 of the Adoption and Children Act 2002 (which relates to parental responsibility), to rule 4.1(2)(c) of the 1991 Rules and to Form C45 and the list of applications in Appendix 3 to the 1991 Rules (rules 4, 7 and 8).

(1)

1984 c. 42; amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 50 and the Civil Procedure Act 1997 (c. 12), Schedule 2, paragraph 3.

(2)

2002 c. 38.

(3)

S.I. 1991/1247; the relevant amending instruments are S.I. 1991/2113 and 1994/3155.