The Family Proceedings Courts (Miscellaneous Amendments) Rules 1994

Statutory Instruments

1994 No. 809 (L.5)

MAGISTRATES' COURTS

The Family Proceedings Courts (Miscellaneous Amendments) Rules 1994

Made

21st March 1994

Laid before Parliament

21st March 1994

Coming into force

11th April 1994

The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Courts Act 1980(1), after consultation with the Rule Committee appointed under that section, hereby makes the following Rules:—

1.  These Rules may be cited as the Family Proceedings Courts (Miscellaneous Amendment) Rules 1994 and shall come into force on 11th April 1994.

2.  The following amendments shall be made to Schedule 1 to the Family Proceedings Courts (Children Act 1989) Rules 1991(2):—

(a) in Form CHA13 (Application for Financial Provision for Children)(3)—

(i) in the preliminary section, after “If you have ticked “periodical payments” or “secured periodical payments”” there shall be inserted “please tick here if there is a written agreement made before 5th April 1993 about maintenance for the benefit of the child below □. If not”;

(ii) for sections 5 and 6 there shall be substituted the provisions contained in the Schedule to these Rules;

(b) in section 4(b) of Form CHA15 (Application for the Variation/Discharge of an Order for Financial Provision for Children)(4), after “If yes, please give details” there shall be inserted “If the assessment has changed, indicate the original sum and the new sum payable”.

3.  In Schedule 1 to the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991(5), the following shall be inserted in Form 2 (Application for Order under Section 6)(6) before the section headed “My solicitor’s address for service”—

“Is the agreement relating to periodical payment(s) to a child of the family in writing?

□ Yes □ No.

If yes, please state the date on which it was made”.

Mackay of Clashfern, C.

Dated 21st March 1994

Rule 2

SCHEDULE

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Courts (Children Act 1989) Rules 1991 and the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991. As a result of transitional provisions relating to the Child Support Act 1991 (c. 48), the courts retain jurisdiction, in certain circumstances, over written maintenance agreements for the benefit of children made before 5th April 1993. The Rules revise Form 2 of the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 and Form CHA13 of the Family Proceedings Courts (Children Act 1989) Rules 1991 in order to elicit information concerning these agreements.

The Rules also revise Forms CHA13 and CHA15 to take into account the powers of the Child Support Agency after 11th April 1994 to deal with the collection and enforcement of court orders for education and disability expenses and of orders above the Agency’s maximum assessment where the Agency is already collecting child maintenance on behalf of the applicant.

(1)

1980 c. 43; as extended by section 145 of that Act; by section 93 of the Children Act 1989 (c. 41), as amended by paragraph 22 of Schedule 16 to the Courts and Legal Services Act 1990; and by section 10 of the Courts and Legal Services Act 1990, as amended by paragraph 11 of Schedule 2 to the Maintenance Enforcement Act 1991 (c. 17).

(2)

S.I. 1991/1395, amended by S.I. 1991/1991 and 1992/2068.

(3)

Form CHA13 was substituted by S.I. 1993/627.

(4)

Form CHA15 was amended by S.I. 1991/1991, 1992/2068 and 1993/627.

(5)

S.I. 1991/1991, amended by S.I. 1992/2068 and 1993/627.

(6)

Form 2 was amended by S.I. 1992/2068 and 1993/627.