The Family Procedure (Amendment No. 3) Rules 2017

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) (“FPR 2010”).

Rule 3 inserts a new Part 3A into the FPR 2010 making special provision about the participation of vulnerable persons in family proceedings and about vulnerable persons giving evidence in such proceedings.

New rule 3A.4 FPR 2010, which does not apply to a party who is a child, requires the court to consider whether a party’s participation in proceedings may be diminished as a result of vulnerability and whether it is necessary to make participation directions, as defined in new rule 3A.1 FPR 2010.

New rule 3A.5 FPR 2010 requires the court to consider if a party’s or witness’s quality of evidence may be diminished as a result of vulnerability and whether it is necessary to make participation directions.

New rule 3A.6 FPR 2010 makes specific provision in relation to protected parties.

New rule 3A.7 FPR 2010 sets out the matters the court must have regard to when deciding whether to make participation directions, including any matters which are set out in Practice Direction 3AA.

New rule 3A.8 FPR 2010 sets out the measures which the court may direct be put in place to assist a party or witness and provides that the FPR 2010 do not give the court power to direct that public funding must be available to provide such a measure.

New rules 3A.9 to 3A.11 FPR 2010 deal with procedural matters related to new rules 3A.3 to 3A.8.

New rule 3A.12 FPR 2010 provides that the new Part 3A FPR 2010 does not give the court power to impose new functions on officers of the Service or on Welsh family proceedings officers.

No impact assessment has been produced for this instrument because no, or no significant, impact on the private, voluntary or public sectors is foreseen.