The Family Proceedings Rules 1991 No. 1247 (L. 20)

PART IV PROCEEDINGS UNDER THE CHILDREN ACT 1989

Interpretation and application

4.1—(1) In this Part of these rules, unless a contrary intention appears–

• a section or schedule referred to means the section or schedule so numbered in the Act of 1989;

• “a section 8 order” has the meaning assigned to it by section 8(2);

• “application” means an application made under or by virtue of the Act of 1989 or under these rules, and “applicant” shall be construed accordingly;

• “child”, in relation to proceedings to which this Part applies–

  (a)

  means, subject to sub-paragraph (b), a person under the age of 18 with respect to whom the proceedings are brought, and

  (b)

  where the proceedings are under Schedule 1, also includes a person who has reached the age of 18;

• “directions appointment” means a hearing for directions under rule 4.14(2);

• “emergency protection order” means an order under section 44;

• “guardian ad litem” means a guardian ad litem, appointed under section 41, of the child with respect to whom the proceedings are brought;

• “leave” includes permission and approval;

• “note” includes a record made by mechanical means;

• “parental responsibility” has the meaning assigned to it by section 3;

• “recovery order” means an order under section 50;

• “specified proceedings” has the meaning assigned to it by section 41(6) and rule 4.2(2); and

• “welfare officer” means a person who has been asked to prepare a welfare report under section 7.

(2) Except where the contrary intention appears, the provisions of this Part apply to proceedings in the High Court and the county courts–

(a) on an application for a section 8 order;

(b) on an application for a care order or a supervision order;

(c) on an application under section 4(1)(a), 4(3), 5(1), 6(7), 13(1), 16(6), 33(7), 34(2), 34(3), 34(4), 34(9), 36(1), 38(8)(b), 39(1), 39(2), 39(3), 39(4), 43(1), 43(12), 44, 45, 46(7), 48(9), or 50(1);

(d) under Schedule 1, except where financial relief is also sought by or on behalf of an adult,

(e) on an application under paragraph 19(1) of Schedule 2;

(f) on an application under paragraph 6(3), 15(2) or 17(1) of Schedule 3;

(g) on an application under paragraph 11(3) or 16(5) of Schedule 14; or

(h) under section 25.