The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2009

Statutory Instruments

2009 No. 637 (L. 6)

Magistrates’ Courts, England And Wales

The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2009

Made

10th March 2009

Laid before Parliament

12th March 2009

Coming into force

6th April 2009

The Lord Chief Justice with the concurrence of the Lord Chancellor makes the following Rules in exercise of the powers conferred by section 144 of the Magistrates’ Courts Act 1980(1) after consultation with the rule committee appointed under section 144(A1) of that Act:

Citation and commencement

1.  These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2009 and come into force on 6^th April 2009.

Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

2.  The Family Proceedings Courts (Children Act 1989) Rules 1991(2) are amended in accordance with rules 3 to 11.

3.  In the Arrangement of Rules—

(a) in the entry for rule 2, after “1989” insert “and the Childcare Act 2006(3)”; and

(b) after the entry for rule 2, insert—

“2A Proceedings with respect to which a single justice may discharge the functions of a court”.

4.  In the heading to rule 2, after “the Act of 1989”, insert “and the Childcare Act 2006”.

5.  In rule 2(5)(a), omit “75(1)”.

6.  After rule 2, insert—

“2A    Proceedings with respect to which a single justice may discharge the functions of a court

Where an application is made for a warrant under section 79 of the Childcare Act 2006, a single justice may discharge the functions of a family proceedings court in relation to those proceedings.”.

7.  In rule 4(4)—

(a) at the end of sub-paragraph (d), omit “or”;

(b) at the end of sub-paragraph (e), insert “or”; and

(c) after sub-paragraph (e), insert—

“(f) a warrant under section 79 of the Childcare Act 2006.”.

8.  In rule 4(4)(ii), omit “and also in the case of an application for an order under section 75(1) where the application is ex parte,”.

9.  For rule 21(8)(b) substitute—

“(b) an order under section 44, 48(9) or 50.”

10.  In Schedule 1, for Forms C19 and C23, substitute the forms set out in the Schedule to these Rules.

11.  In Schedule 2—

(a) in the entry relating to section 25, 44(1), 44(9)(b) etc., in column (i), omit “75(1)” and in column (iii), omit “75(1) or” and “in the case of an application under section 75(1), the registered person;”;

(b) at the end of column (i), insert “Section 79 of the Childcare Act 2006”;

(c) in the corresponding entry in column (ii), insert “1 day”; and

(d) in the corresponding entry in column (iii), insert “Any person preventing or likely to prevent Her Majesty’s Chief Inspector of Education, Children’s Services and Skills from exercising a power conferred on him by section 77”.

Lord Judge, C.J.

I concur

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

10th March 2009

Rule 10

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991 (“the 1991 Rules”).

Provision is made to ensure that on an application for a warrant by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills under section 79 of the Childcare Act 2006 Act (power of constable to assist in exercise of powers of entry), a single justice may discharge the functions of a family proceedings court, to ensure that such an application may be made ex parte, and to specify for such an application the appropriate form, periods of notice and respondents. Form C19 (Warrant of Assistance) has been amended to refer to an application under section 79 and to make provision for an application under section 102 of the Children Act 1989 (c.41) in relation to the exercise of powers, in Wales, under section 79U of that Act.

References to section 75 of the Children Act 1989 are removed as that section is no longer in force.

Amendments have been made to Form C23 (Emergency Protection Order) in consequence of the repeal of section 45(9) of the Children Act 1989 by section 30 of the Children and Young Persons Act 2008 (c.23).

(1)

1980 c.43. Section 144 was amended by section 125(3) of and paragraph 25 of Schedule 18 to the Courts and Legal Services Act 1990 (c.41), section 78(2) of and paragraphs 26 and 29 of Schedule 11 to the Access to Justice Act 1999 (c.22), section 109(1) and (3) of and paragraph 245 of Schedule 8 and Schedule 10 to the Courts Act 2003 (c.39), and section 15(1) of and paragraphs 99 and 102 of Schedule 4 to the Constitutional Reform Act 2005 (c.4).

(2)

S.I. 1991/1395. Relevant amending instrument is S.I. 1997/1895.

(3)

2006 c.21.