The Family Procedure Rules 2010

CHAPTER 1 E+W APPLICATION AND INTERPRETATION

Application E+W

9.1.  The rules in this Part apply to an application for a financial remedy. (“ Financial remedy” and “financial order” are defined in rule 2.3)

Application of Magistrates' Courts Rules 1981 E+W

9.2.  Unless the context otherwise requires, and subject to the rules in this Part, the following rules of the Magistrates' Courts Rules 1981 M1 apply to proceedings in a magistrates' court which are family proceedings under section 65 of the Magistrates' Courts Act 1980—

(a) rule 39(6) (method of making periodical payments);

(b) rule 41 (revocation etc. of orders for periodical payments);

(c) rule 43 (service of copy of order);

(d) rule 44 (remission of sums due under order);

(e) rule 45 (duty of designated officer to notify subsequent marriage or formation of civil partnership of person entitled to payments under a maintenance order);

(f) rule 48 (to whom payments are to be made);

(g) rule 49 (duty of designated officer to give receipt);

(h) rule 51 (application for further time);

(i) rule 62 (particulars relating to payment of lump sum under a magistrates' courts maintenance order etc. to be entered in register);

(j) rule 66 (register of convictions, etc.);

(k) rule 67 (proof of service, handwriting, etc.);

(l) rule 68 (proof of proceedings); and

(m) rule 69 (proof that magistrates' court maintenance orders, etc, have not been revoked, etc.).

Marginal Citations

M1 S.I. 1981/552.

Interpretation E+W

9.3.—(1) In this Part—

“avoidance of disposition order” means—

(a)

in proceedings under the 1973 Act, an order under section 37(2)(b) or (c) of that Act;

(b)

in proceedings under the 1984 Act, an order under section 23(2)(b) or 23(3) of that Act M2 ;

(c)

in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 74(3) or (4); or

(d)

in proceedings under Schedule 7 to the 2004 Act, an order under paragraph 15(3) or (4);

“the Board” means the Board of the Pension Protection Fund;

“FDR appointment” means a Financial Dispute Resolution appointment in accordance with rule 9.17;

“order preventing a disposition” means—

(a)

in proceedings under the 1973 Act, an order under section 37(2)(a) of that Act;

(b)

in proceedings under the 1984 Act, an order under section 23(2)(a) of that Act;

(c)

in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 74(2); or

(d)

in proceedings under Schedule 7 to the 2004 Act, an order under paragraph 15(2);

“pension arrangement” means—

(a)

an occupational pension scheme;

(b)

a personal pension scheme;

(c)

shareable state scheme rights;

(d)

a retirement annuity contract;

(e)

an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme; and

(f)

an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;

“pension attachment order” means—

(a)

in proceedings under the 1973 Act, an order making provision under section 25B or 25C of that Act M3 ;

(b)

in proceedings under the 1984 Act, an order under section 17(1)(a)(i) of that Act making provision equivalent to an order referred to in paragraph (a);

(c)

in proceedings under Schedule 5 to the 2004 Act, an order making provision under paragraph 25 or paragraph 26; or

(d)

in proceedings under Schedule 7 to the 2004 Act, an order under paragraph 9(2) M4 or (3) making provision equivalent to an order referred to in paragraph (c);

“pension compensation attachment order” means—

(a)

in proceedings under the 1973 Act, an order making provision under section 25F of that Act; M5

(b)

in proceedings under the 1984 Act, an order under section 17(1)(a)(i) of that Act M6 making provision equivalent to an order referred in to paragraph (a);

(c)

in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 34A; and

(d)

in proceedings under Schedule 7 to the 2004 Act, an order under paragraph 9(2) or (3) making provision equivalent to an order referred to in paragraph (c);

“pension compensation sharing order” means—

(a)

in proceedings under the 1973 Act, an order under section 24E of that Act M7 ;

(b)

in proceedings under the 1984 Act, an order under section 17(1)(c) of that Act;

(c)

in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 19A ; and

(d)

in proceedings under Schedule 7 to the 2004 Act, an order under paragraph 9(2) or (3) M8 making provision equivalent to an order referred to in paragraph (c);

“pension sharing order” means—

(a)

in proceedings under the 1973 Act, an order making provision under section 24B of that Act M9 ;

(b)

in proceedings under the 1984 Act, an order under section 17(1)(b) of that Act;

(c)

in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 15; or

(d)

in proceedings under Schedule 7 to the 2004 Act, an order under paragraph 9(2) or (3) making provision equivalent to an order referred to in paragraph (c);

“pension scheme” means, unless the context otherwise requires, a scheme for which the Board has assumed responsibility in accordance with Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection) or any provision in force in Northern Ireland corresponding to that Chapter;

“PPF compensation” has the meaning given to it—

(a)

in proceedings under the 1973 Act, by section 21C of the 1973 Act M10 ;

(b)

in proceedings under the 1984 Act, by section 18(7) of the 1984 Act; and

(c)

in proceedings under the 2004 Act, by paragraph 19F of Schedule 5 to the 2004 Act;

“relevant valuation” means a valuation of pension rights or benefits as at a date not more than 12 months earlier than the date fixed for the first appointment which has been furnished or requested for the purposes of any of the following provisions—

(a)

the Pensions on Divorce etc (Provision of Information) Regulations 2000 M11 ;

(b)

regulation 5 of and Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 M12 and regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Value) Regulations 1996 M13 ;

(c)

section 93A or 94(1)(a) or (aa) of the Pension Schemes Act 1993 M14 ;

(d)

section 94(1)(b) of the Pension Schemes Act 1993 or paragraph 2(a) (or, where applicable, 2(b)) of Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987 M15 ;

(e)

the Dissolution etc. (Pensions) Regulations 2005 M16 ;

“variation order” means—

(a)

in proceedings under the 1973 Act, an order under section 31 of that Act; or

(b)

in proceedings under the 2004 Act, an order under Part 11 of Schedule 5 to that Act.

(2) References in this Part to a county court are to be construed, in relation to proceedings for a financial order, as references to a divorce county court or a civil partnership proceedings county court, as the case may be.

[F1 (3) (a) Where an application is made under Article 56 of, and using the form in Annex VII to, the Maintenance Regulation, references in this Part to “financial statement” apply to the applicant as if for the words “financial statement” were substituted “the form in Annex VII to the Maintenance Regulation”;

(b) Sub-paragraph (a) does not apply where the relief sought includes relief which is of a type to which the Maintenance Regulation does not apply.]

Textual Amendments

F1 Rule 9.3(3) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 7

Marginal Citations

M2 Sections 23(2) (a) and (b) and 23(3) have been prospectively substituted with savings by section 15 of and paragraph 4 of Schedule 2 to the Family Law Act 1996.

M3 Section 25B was inserted by section 166(1) of the Pensions Act 1995 (c.26) and amended by section 21 of and paragraphs 1(1),(2),(4),(5)(a),(5)(b), (6),(7)(a),(7)(b), (8)(a), (8)(b), (8)(c) and (9) of the Welfare Reform and Pensions Act 1999 (c.30) and subsections (8) and (9) were inserted by section 16(3) of the Family Law Act 1996 and the section was modified by regulations 2 and 4(1) and (2)(b) of the Divorce etc (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932). Section 25C was inserted by section 166(1) of the Pensions Act 1995 and amended by section 66(1) of and paragraph 11 of Schedule 8 to the Family Law Act 1996 and also amended by section 21 of and paragraphs 2(1), (2), (3)(a)(i) and (ii), (3)(b), (4)(a), (4)(b) and (5) of Schedule 4 to the Welfare Reform and Pensions Act 1999.

M4 Paragraph 9(2) of Schedule 7 to the Civil Partnership Act 2004 was amended by section 120 of and paragraphs 14, 20(1), 20(2)(a) and (b) of the Pensions Act 2008 (c. 30).

M5 Section 25F was inserted by section 120 of and paragraphs 1 and 7 of Schedule 6 to the Pensions Act 2008.

M6 Section 17(1)(a)(i) was amended by section 66(1) of and paragraph 32(2) of Schedule 8 to the Family Law Act 1996 as amended by section 84(1) of and paragraphs 66(1) and (14) of Schedule 12 to the Welfare Reform and Pensions Act 1999.

M7 Section 24E was inserted by section 120 of and paragraphs 1 and 3 of Schedule 6 to the Pensions Act 2008.

M8 Paragraphs 9(2) and (3) of Schedule 7 to the Civil Partnership Act 2004 were amended by section 120 of and paragraphs 14 and 20(2)(b) of Schedule 6 to the Pensions Act 2008.

M9 Section 24B was inserted by section 19 of and paragraphs 1 and 4 of Schedule 3 to the Welfare Reform and Pensions Act 1999.

M10 Section 21C was inserted by section 120 of and paragraphs 1 and 2 of Schedule 6 to the Pensions Act 2008.

M11 S.I. 2000/1048.

M12 S.I. 1996/1655.

M13 S.I. 1996/1847 Regulation 11 was amended by regulations 5(b), 5(c), 5(d)(i) and (ii), 5(e), 5(f) and 5(g) of the Occupational Pension Scheme (Transfer Values) (Amendment) Regulations 2008 (S.I. 2008/1050) and regulations 4(a)(ii) and 4(b) of the Occupational Pension Scheme (Winding Up and Transfer Values) (Amendment) Regulations 2005 (S.I. 2005/72) and regulation 8 of the Occupational, Personal and Stakeholder Pensions (Miscellaneous Amendment) Regulations 2009 (S.I. 2009/615 and Schedule 1 was amended by regulations 7(a)(ii), (iii), (iv)(aa), (iv)(bb) and 7(b) of Occupational Pension Scheme (Transfer Values) (Amendment) Regulations 2008.

M14 1993 c.48 Section 93A was inserted by section 153 of the Pensions Act 1965 (c.26) and section 94(1)(a) and (aa) were amended by section 154(1) and (2) of the Pensions Act 1995.

M15 S.I. 1987/1110.

M16 S.I. 2005/2920.