The Family Procedure (Adoption) Rules 2005

Interpretation

6.—(1) In these Rules—

“the Act” means Part 1 of the Adoption and Children Act 2002;

“the 1989 Act” means the Children Act 1989(1);

“adoption proceedings” means proceedings for the making of an adoption order under the Act;

“application notice” means a document in which the applicant states his intention to seek a court order in accordance with the procedure in Part 9;

“business day” means any day other than—

(a)

a Saturday, Sunday, Christmas Day or Good Friday; or

(b)

a bank holiday under the Banking and Financial Dealings Act 1971(2), in England and Wales;

“Central Authority” means, in relation to England, the Secretary of State for Education and Skills, and in relation to Wales, the National Assembly for Wales;

“child”—

(a)

means, subject to paragraph (b), a person under the age of 18 years who is the subject of the proceedings; and

(b)

in adoption proceedings, also includes a person who has attained the age of 18 years before the proceedings are concluded;

“children and family reporter” means an officer of the Service or a Welsh family proceedings officer who prepares a report on matters relating to the welfare of the child;

“children’s guardian” means an officer of the Service or a Welsh family proceedings officer appointed to act on behalf of a child who is a party to the proceedings with the duty of safeguarding the interests of the child;

“civil restraint order” means an order restraining a party—

(a)

from making any further applications in current proceedings (a limited civil restraint order);

(b)

from making certain applications in specified courts (an extended civil restraint order); or

(c)

from making any application in specified courts (a general civil restraint order);

“court officer” means, in the High Court and a county court, a member of court staff, and in a magistrates' court, the designated officer;

“CPR” means the Civil Procedure Rules 1998(3);

“detailed assessment proceedings” means the procedure by which the amount of costs is decided in accordance with Part 47 of the CPR;

“filing”, in relation to a document, means delivering it, by post or otherwise, to the court office;

“jurisdiction” means, unless the context requires otherwise, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;

“legal representative” means a barrister or a solicitor, solicitor’s employee or other authorised litigator (as defined in section 119 of the Courts and Legal Services Act 1990(4)) who has been instructed to act for a party in relation to an application;

“litigation friend” has the meaning given by section 1 of Part 7;

“non-subject child” means a person under the age of 18 years who is a party to the proceedings but is not the subject of the proceedings;

“officer of the Service” has the meaning given by section 11(3) of the Criminal Justice and Court Services Act 2000(5);

“patient” means a party to proceedings who, by reason of mental disorder within the meaning of the Mental Health Act 1983(6), is incapable of managing and administering his property and affairs;

“placement proceedings” means proceedings for the making, varying or revoking of a placement order under the Act;

“proceedings” means, unless the context otherwise requires, proceedings brought under the Act (whether at first instance or appeal) or proceedings for the purpose of enforcing an order made in any proceedings under that Act, as the case may be;

“provision for contact” means a contact order under section 8 or 34 of the 1989 Act or a contact order under section 26;

“reporting officer” means an officer of the Service or a Welsh family proceedings officer appointed to witness the documents which signify a parent or guardian’s consent to the placing of the child for adoption or to the making of an adoption order or a section 84 order;

“section 84 order” means an order made by the High Court under section 84 giving parental responsibility prior to adoption abroad;

“section 88 direction” means a direction given by the High Court under section 88 that section 67(3) (status conferred by adoption) does not apply or does not apply to any extent specified in the direction;

“section 89 order” means an order made by the High Court under section 89—

(a)

annulling a Convention adoption or Convention adoption order;

(b)

providing for an overseas adoption or determination under section 91 to cease to be valid; or

(c)

deciding the extent, if any, to which a determination under section 91 has been affected by a subsequent determination under that section;

“the Service Regulation” means Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters;

“Welsh family proceedings officer” has the meaning given by section 35(4) of the Children Act 2004(7).

(2) A section or Schedule referred to by number alone means the section or Schedule so numbered in the Adoption and Children Act 2002.

(3) Any provision in these Rules—

(a) requiring or permitting directions to be given by the court is to be taken as including provision for such directions to be varied or revoked; and

(b) requiring or permitting a date to be set is to be taken as including provision for that date to be set aside.

(1)

1989 c. 41.

(2)

1971 c. 80.

(3)

S.I.1998/3132.

(4)

1990 c. 41.

(5)

2000 c. 43.

(6)

1983 c. 20.

(7)

2004 c. 31.