Family Law Act 1986

60 Supplementary provisions as to declarations.E+W

(1)Any declaration made under this Part, and any application for such a declaration, shall be in the form prescribed by rules of court.

(2)Rules of court may make provision—

(a)as to the information required to be given by any applicant for a declaration under this Part;

(b)as to the persons who are to be parties to proceedings on an application under this Part;

(c)requiring notice of an application under this Part to be served on the Attorney-General [F1and on persons who may be affected by any declaration applied for].

(3)No proceedings under this Part shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.

(4)The court hearing an application under this Part may direct that the whole or any part of the proceedings shall be heard in camera, and an application for a direction under this subsection shall be heard in camera unless the court otherwise directs.

[F2(5)An appeal shall lie to the High Court against—

(a)the making by a magistrates’ court of a declaration under section 55A above,

(b)any refusal by a magistrates’ court to make such a declaration, or

(c)any order under subsection (6) of that section made on such a refusal.]

Textual Amendments

F2S. 60(5) inserted (1.4.2001) by 2000 c. 19, s. 83(4) (with s. 83(6); S.I. 2001/774, art. 2(b)

Modifications etc. (not altering text)

C1S. 60 extended (prosp.) by 1976 c. 36, s. 39(3B) (as inserted (prosp.) by 1999 c. 18, ss. 4(3), 18(3) (with s. 17(1)))

S. 60 applied (prosp.) by Adoption and Children Act 2002 (c. 38), s. 88(4) (with Sch. 4 paras. 1, 6-8)