The Family Procedure Rules 2010

[F1 Interpretation E+W

3A.1.   In this Part—

“child” means a person under the age of 18 years whether or not the child is the subject of the proceedings, except that—

(a)

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

(b)

in proceedings brought under F2 ... the 1980 Hague Convention or the European Convention, it means a person under the age of 16 years who is the subject of proceedings;

F3 ...

“intermediary” means a person whose function is to—

(a)

communicate questions put to a witness or party;

(b)

communicate to any person asking such questions the answers given by the witness or party in reply to them; and

(c)

explain such questions or answers so far as is necessary to enable them to be understood by the witness or party or by the person asking such questions;

“live link” means a live television link or other arrangement whereby a witness or party, while absent from the courtroom or other place where the proceedings are being held, is able to see and hear a person there and to be seen and heard by the judge, legal representatives acting in the proceedings and other persons appointed to assist a witness or party;

“mental disorder” has the meaning given in section 1 of the Mental Health Act 1983;

“participation direction” means—

(a)

a general case management direction made for the purpose of assisting a witness or party to give evidence or participate in proceedings; or

(b)

a direction that a witness or party should have the assistance of one or more of the measures in rule 3A.8; and

references to “quality of evidence” are to its quality in terms of completeness, coherence and accuracy; and for this purpose “coherence” refers to a witness’s or a party’s ability in giving evidence to give answers which address the questions put to the witness or the party and which can be understood both individually and collectively.

[F4 “relative” has the meaning given by section 63(1) of the 1996 Act;

“victim” includes a child to whom [F5 section 3] of the Domestic Abuse Act 2021 applies; and]]

Textual Amendments

F1 Pt. 3A inserted (27.11.2017) by The Family Procedure (Amendment No. 3) Rules 2017 (S.I. 2017/1033), rules 1, 3

F2 Words in rule 3A.1 omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 4(2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in rule 3A.1 omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 15(a)

F4 Words in rule 3A.1 inserted (1.10.2021) by The Family Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/875), rules 1, 3(b); S.I. 2021/1038, reg. 2(d)

F5 Words in rule 3A.1 substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 15(b)