The Family Procedure Rules 2010

Officers of the Service, Welsh family proceedings officers and local authority officers acting under certain duties E+W

16.38.—(1) This rule applies when—

(a) an officer of the Service or a Welsh family proceedings officer is acting under a duty in accordance with—

(i) section 11E(7) of the 1989 Act M1 (providing the court with information as to the making of [F1 an] activity direction or [F1 an] activity condition);

(ii) section 11G(2) of the 1989 Act M2 (monitoring compliance with [F2 an] activity direction or [F2 an] activity condition);

(iii) section 11H(2) of the 1989 Act M3 (monitoring compliance with a [F3 child arrangements] order);

(iv) section 11L(5) of the 1989 Act (providing the court with information as to the making of an enforcement order);

(v) section 11M(1) of the 1989 Act (monitoring compliance with an enforcement order);

(vi) section 16(6) of the 1989 Act M4 (providing a report to the court in accordance with a direction in a family assistance order); and

(vii) section 16A of the 1989 Act M5 (making a risk assessment); and

(b) a local authority officer is acting under a duty in accordance with section 16(6) of the 1989 Act (providing a report to the court in accordance with a direction in a family assistance order).

(2) In this rule,—

(a) “F4 ... activity direction”, “F4 ... activity condition” and “enforcement order” have the meanings given in rule 12.2; and

(b) references to “the officer” are to the officer of the Service, Welsh family proceedings officer or local authority officer referred to in paragraph (1).

(3) In exercising the duties referred to in paragraph (1), the officer must have regard to the principle set out in section 1(2) of the 1989 Act and the matters set out in section 1(3)(a) to (f) of the 1989 Act as if for the word “court” in that section there were substituted the words “officer of the Service, Welsh family proceedings officer or local authority officer”.

(4) The officer's duties referred to in paragraph (1) must be exercised in accordance with Practice Direction 16A.

Textual Amendments

F1 Word in rule 16.38(1)(a)(i) substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 40(a)

F2 Word in rule 16.38(1)(a)(ii) substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 40(b)

F3 Words in rule 16.38(1)(a)(iii) substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 40(c)

F4 Word in rule 16.38(2)(a) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 41

Marginal Citations

M1 Section 11E was inserted by section 1 of the Children and Adoption Act 2006.

M2 Section 11G was inserted by section 1 of the Children and Adoption Act 2006.

M3 Section 11H was inserted by section 1 of the Children and Adoption Act 2006.

M4 Section 16(6) was amended by section 6(1) and (5) of the Children and Adoption Act 2006.

M5 Section 16A was inserted by section 7 of the Children and Adoption Act 2006.