The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019

Amendment of Part 12 E+W

9.—(1) Part 12 (proceedings relating to children except parental order proceedings and proceedings for applications in adoption, placement and related proceedings) M1 is amended as follows.

(2) In rule 12.1(1)—

(a) in sub-paragraph (f), omit “the Council Regulation or”; and

(b) in the second set of words in parentheses at the end of the paragraph, omit “the Council Regulation or”.

(3) In the Table in rule 12.3(1), in the 51st row, in the first column, omit “Article 15 of the Council Regulation or”.

(4) In rule 12.14, omit paragraph (10) and the words in parentheses following it.

(5) In the heading to Chapter 6 of the Part, omit “THE COUNCIL REGULATION,”.

(6) In rule 12.43(b), omit “the Council Regulation or”.

(7) In the heading to Section 2 of Chapter 6 of the Part, omit “the Council Regulation and”.

(8) In rule 12.58—

(a) in paragraph (1)—

(i) in the definition of “domestic Central Authority”, omit paragraph (a) of that definition;

(ii) omit the definition of “judgment”;

(iii) omit the definition of “Member State”;

(iv) in the definition of “parental responsibility”, omit paragraph (a) of that definition; and

(v) omit the definition of “seised” and the “and” preceding it; and

(b) in paragraph (2)—

(i) omit “Member State or”; and

(ii) omit “authorities within the meaning of “court” in Article 2(1) of the Council Regulation, and”.

(9) Omit rules 12.59 and 12.60.

(10) In rule 12.61—

(a) in the heading, omit “Article 15 of the Council Regulation or under”;

(b) in paragraph (1), omit “Member State or”;

(c) in paragraph (3) omit—

(i) “Member State or”;

(ii) “the Council Regulation or”; and

(iii) “(as appropriate)”; and

(d) In paragraph (5), omit “Member State or”.

(11) In rule 12.62—

(a) in paragraph (1)—

(i) in the opening words, omit “under Article 15 of the Council Regulation or”;

(ii) in sub-paragraph (a), omit “Member State or”; and

(iii) in sub-paragraph (b), omit “another Member State or”; and

(b) in paragraph (3), for the words after “respondents” to the end substitute “ not less than 42 days before the hearing of the application ”.

(12) In rule 12.63—

(a) in the heading, omit “another Member State or”;

(b) in paragraph (1)—

(i) omit “another Member State or”; and

(ii) omit “Article 15(2)(c) of the Council Regulation or under”.

(13) In rule 12.64(1), omit “Article 15 of the Council Regulation or”.

(14) In rule 12.65—

(a) in the heading, omit “Article 15 of the Council Regulation or”;

(b) in paragraph (1), omit—

(i) “another Member State or”;

(ii) “Article 15 of the Council Regulation, or”; and

(iii) “(as the case may be)”; and

(c) in paragraph (4), omit “Member State, or”.

(15) In rule 12.66, omit “Member State or” where those words occur in—

(a) the heading; and

(b) paragraphs (1), (2) and (4).

(16) In rule 12.67—

(a) in the heading, omit “the Council Regulation or”; and

(b) in the rule, omit “Member State or”.

(17) In rule 12.68(1), omit “any of Articles 16 to 18 of the Council Regulation it does not or may not have jurisdiction to hear and application, or that under Article 19 of the Council Regulation or”.

(18) In rule 12.69—

(a) in paragraph (1), omit sub-paragraph (a); and

(b) omit “Member State or” where those words occur in paragraphs (2) and (3).

(19) In rule 12.70—

(a) in the heading, omit “Member State or”;

(b) in paragraph (1), omit “Member State under Article 56 of the Council Regulation or another”; and

(c) in paragraph (4), omit “Member”.

Commencement Information

I1 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1 Relevant amendments to Part 12 were made by S.I. 2012/2046.