2.—(1) In these Rules, unless the context otherwise requires,
“the Act of 1974” means the Legal Aid Act 1974(1);
“ancillary application” means an application for one or more of the following forms of relief—
ancillary relief,
an injunction,
an order under section 37(2) (a) of the Act of 1973 restraining any person from attempting to defeat a claim for financial relief or otherwise for protecting the claim, or
an order relating to the custody or education of a child or an order committing him to the care of the local authority under section 43 of the Act of 1973(2) or providing for his supervision under section 44(3) of that Act, except where the order is made at or immediately after the trial of a cause or on a children appointment;
“children appointment” means an appointment fixed under rule 48(4) of the principal rules, whether or not any such order as is mentioned in sub-paragraph (d) above is made on the appointment;
“the principal rules” means the Matrimonial Causes Rules 1977(4);
“taxing officer” means any person who by virtue of rule 3 has power to tax costs;
and references to costs shall be construed as including references to fees, charges, disbursements, expenses and remuneration and, in relation to proceedings (including taxation proceedings), also include references to costs of or incidental to those proceedings.
(2) Unless the context otherwise requires, a rule or Schedule referred to by number means the rule or Schedule so numbered in these Rules.
(3) In these Rules any reference to an Order and rule prefixed by the letters “C.C.R.” is a reference to that Order and rule in the County Court Rules 1981(5).
(4) The County Court Rules 1936(6) and the Rules of the Supreme Court 1965(7), which pursuant to rule 3(1) of the principal rules apply, subject to the provisions of those rules and of any enactment, to the practice and procedure in matrimonial proceedings, shall apply for the purposes of these Rules subject to any specific provision of these Rules and with the following modifications—
(a)for the references to the County Court Rules 1936 there shall be substituted references to the County Court Rules 1981, and a reference to any provision of the 1936 Rules shall be construed as a reference to the corresponding provision of the 1981 Rules;
(b)R.S.C. Order 62 shall apply only to the extent that these Rules specifically so provide.
(5) Subject to the foregoing provisions of this rule, these Rules shall be construed as one with the principal rules.
Section 43 was amended by the Child Care Act 1980 (c. 5), section 89, Schedule 5 paragraph 34, Schedule 6, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 2 paragraph 20, by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 46, Schedule 3, by the Local Government Act 1985 (c. 51), Schedule 17 and (as from a day to be appointed) by the Children and Young Persons (Amendment) Act 1986 (c. 28), section 1(3).
Section 44 was amended by the Children Act 1975 (c. 72), section 108, Schedule 3 paragraph 78, by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 46, Schedule 3 and by the Local Government Act 1985 (c. 51), Schedule 17.
S.I. 1977/344; rule 48(4) was amended by S.I. 1978/527.
S.R. & O. 1936/626.
S.I. 1965/1776. R.S.C. Order 62 was amended by S.I. 1986/632, and C.C.R. Order 38, which applies R.S.C. Order 62 to proceedings in county courts, was amended by S.I. 1986/636. Both amending instruments came into force on 28th April 1986, subject to transitional provisions for matrimonial proceedings. R.S.C. Order 62 has subsequently been amended by S.I. 1987/1423; C.C.R. Order 38 has been amended by S.I. 1983/1716, 1984/878, 1986/636, 1987/493, 1397 and 1988/278, 897.