Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2003

Statutory Instruments

2003 No. 2840 (L. 36)

MAGISTRATES' COURTS, ENGLAND AND WALES

Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2003

Made

10th November 2003

Laid before Parliament

10th November 2003

Coming into force in accordance with rule 1(1)

The Lord Chancellor, in exercise of the powers conferred upon 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:

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2003 and shall come into force on the date on which section 111 (Parental responsibility of unmarried father) of the Adoption and Children Act 2002(2) comes into force.

(2) In these Rules a reference to a Schedule or form by number alone means the Schedule or form so numbered in the Family Proceedings Courts (Children Act 1989) Rules 1991(3) (“The 1991 Rules”).

Amendments to the 1991 Rules

2.  In Schedule 1, in Form C45—

(a) for “4(3)” substitute “4(2A)”; and

(b) before “application of the child” insert “the”.

3.  In Schedule 2, in column (i) of the entry relating to section 4(1)(a), 4(3), 5(1) etc, for “4(1)(a)” substitute “4(1)(c)”.

Falconer of Thoroton, C.

10th November 2003

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Courts (Children Act 1989) Rules 1991 (S.I.1991/1395) so as to make minor amendments consequential on the amendment of section 4 of the Children Act 1989 by section 111 of the Adoption and Children Act 2002 (which relates to parental responsibility), to Form C45 in Schedule 1 and the list of applications in Schedule 2 (rules 2 and 3).

(1)

1980 c. 43; section 144 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 25 and by the Access to Justice Act 1999 (c. 22), Schedule 11, paragraphs 26 and 29.

(2)

2002 c. 38.

(3)

S.I. 1991/1395. The relevant amending instruments are S.I. 2001/818; S.I. 1991/1991; 1992/2068; 1994/2166 and 3156 and 1997/1895.