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The Family Procedure (Amendment No. 3) Rules 2014

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Amendments to the Family Procedure Rules 2010

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15.  In rule 12.2—

(a)after the definition of “the 2006 Act”, insert—

“activity condition” has the meaning given to it by section 11C(2) of the 1989 Act;” and

“activity direction” has the meaning given to it by section 11A(3) of the 1989 Act;;

(b)for the definition of “Case Management Order”, substitute—

Case Management Order” means an order in the form referred to in Practice Direction 12A;;

(c)omit the definitions of—

(i)“contact activity condition”; and

(ii)“contact activity direction”;

(d)after the definition of “interim order” insert—

“Part 4 proceedings” means proceedings for—

(a)

a care order, or the discharge of such an order, under section 39(1) of the 1989 Act;

(b)

an order giving permission to change a child’s surname or remove a child from the United Kingdom under section 33(7) of the 1989 Act;

(c)

a supervision order, the discharge or variation of such an order under section 39(2) of the 1989 Act, or the extension of such an order under paragraph 6(3) of Schedule 3 to that Act;

(d)

an order making provision regarding contact under section 34(2) to (4) of the 1989 Act or an order varying or discharging such an order under section 34(9) of that Act;

(e)

an education supervision order, the extension of an education supervision order under paragraph 15(2) of Schedule 3 to the 1989 Act, or the discharge of such an order under paragraph 17(1) of Schedule 3 to that Act;

(f)

an order varying directions made with an interim care order or interim supervision order under section 38(8)(b) of the 1989 Act;

(g)

an order under section 39(3) of the 1989 Act varying a supervision order in so far as it affects a person with whom the child is living but who is not entitled to apply for the order to be discharged;

(h)

an order under section 39(3A) of the 1989 Act varying or discharging an interim care order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged;

(i)

an order under section 39(3B) of the 1989 Act varying or discharging an interim care order in so far as it confers a power of arrest attached to an exclusion requirement; or

(j)

the substitution of a supervision order for a care order under section 39(4) of the 1989 Act;; and

(e)in the definition of “private law proceedings”—

(i)for sub-paragraph (a) substitute—

(a)a section 8 order except a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority;; and

(ii)in sub-paragraph (k), for “contact order” substitute “child arrangements order”; and

(f)in the definition of “public law proceedings”—

(i)after “means” insert “Part 4 proceedings and”;

(ii)for sub-paragraph (a) substitute—

(a)a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority;; and

(iii)omit sub-paragraphs (d) to (m).

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