PART 14 E+W PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

Application of this Part and interpretation E+W

14.1.—(1) The rules in this Part apply to the following proceedings—

(a) adoption proceedings;

(b) placement proceedings; and

(c) proceedings for—

(i) the making of [F1 an] order under section 26 [F2 or an order under section 51A(2)(a)] of the 2002 Act M1 ;

[F3 (aa) the making of an order under section 51A(2)(b) of the 2002 Act;]

(ii) the variation or revocation of [F4 —

(aa) an order under section 27 of the 2002 Act; or

(bb) an order under section 51A(2) of the 2002 Act in accordance with section 51B(1)(c);]

(iii) an order giving permission to change a child's surname or remove a child from the United Kingdom under section 28(2) and (3) of the 2002 Act;

(iv) a section 84 order;

(v) a section 88 direction;

(vi) a section 89 order; or

(vii) any other order that may be referred to in a practice direction.

[F5 (1A) This Part is subject to any provision made by or pursuant to Part 41 (proceeding by electronic means).]

(2) In this Part—

“Central Authority” means—

(a)

in relation to England, the Secretary of State; and

(b)

in relation to Wales, the Welsh Ministers;

“Convention adoption order” means an adoption order under the 2002 Act which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 M2 (regulations giving effect to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, concluded at the Hague on 29th May 1993), is made as a Convention adoption order;

“guardian” means—

(a)

a guardian (other than the guardian of the estate of a child) appointed in accordance with section 5 of the 1989 Act M3 ; and

(b)

a special guardian within the meaning of section 14A of the 1989 Act M4 ;

[F6 “provision for contact” has the meaning given to it in rule 13.1(2);]

“section 88 direction” means a direction given by the High Court under section 88 of the 2002 Act that section 67(3) of that Act (status conferred by adoption) does not apply or does not apply to any extent specified in the direction.

Textual Amendments

F1 Word in rule 14.1(1)(c)(i) substituted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 31(a)(i)

F2 Words in rule 14.1(1)(c)(i) inserted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 31(a)(ii)

F3 Rule 14.1(1)(c)(i)(aa) inserted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 31(b)

F4 Words in rule 14.1(1)(c)(ii) substituted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 31(c)

F5 Rule 14.1(1A) inserted (6.4.2020) by The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 19

F6 Words in rule 14.1(2) substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 31(d)

Marginal Citations

M1 Section 26 was amended by section 15(1) of and paragraphs 13 and 14(1) to (3) of Schedule 2 to the Children and Adoption Act 2006.

M2 1999 c. 18 Section 1 was inserted by section 120(1) of and paragraph 10 of Schedule 2 to the Adoption and Children (Scotland) Act 2007 (2007 asp 4).

M3 Section 5 was amended by section 115(2), (4)(a)(i),(ii),(4)(b) and (4)(c) of the Adoption and Children Act 2002.

M4 Section 14A was inserted by section 115 of the Adoption and Children Act 2002.