Amendment to the 1996 Rules

32.  In rule 2.37 (Procedure for complying with Article 44 of the Order of 1978)—

(a) in the heading, after “the Order of 1978” insert “or section 186 of the Act of 2004”;

(b) in paragraph (1), after “the Order of 1978” insert “or section 186(1) of the Act of 2004, as the case may be,”;

(c) in paragraph (2)—

(i) for sub-paragraph (a) substitute—

“(a) there are no children of the family to whom—

(i) in a matrimonial cause, Article 44 of the Order of 1978 applies; or

(ii) in a civil partnership cause, section 186 of the Act of 2004 applies, or”; and

(ii) in sub-paragraph (b), for “any directions under Article 44 of the Order of 1978” substitute “a relevant direction”;

(d) in paragraph (3), for “Article 44 of the Order of 1978” substitute “his power to give a relevant direction”;

(e) in paragraph (4), for “direction under Article 44(2) of the Order of 1978” substitute “relevant direction”; and

(f) for paragraph (5) substitute—

“(5) In this rule—

(a) parties means the petitioner, the respondent and any person who appears to the court to have the care of the child; and

(b) “relevant direction” means a direction—

(i) in a matrimonial cause, under Article 44(2) of the Order of 1978, and

(ii) in a civil partnership cause, under section 186(2) of the Act of 2004.”.