2013 No. 1472 (L. 15)
Family Proceedings
Senior Courts Of England And Wales
County Courts, England And Wales
Magistrates’ Courts, England And Wales

The Family Procedure (Amendment No. 2) Rules 2013

Made
Laid before Parliament
Coming into force
The Family Procedure Rule Committee makes the following rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 20031, after consulting in accordance with section 79 of the Courts Act 20032:

Citation and commencement

1.

These rules may be cited as the Family Procedure (Amendment No. 2) Rules 2013 and come into force on 8th July 2013.

Amendments to the Family Procedure Rules 2010

2.

The Family Procedure Rules 20103 are amended in accordance with rules 3 to 6.

3.

In rule 2.3(1)—

(a)

in the definition of “financial order”—

(i)

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

(ii)

at the end of sub-paragraph (i), for “;” substitute—

“; or

(j)

an order for payment in respect of legal services;” and

(b)

after the definition of “order for maintenance pending suit”, insert—

““order for payment for legal services” means an order under section 22ZA of the 1973 Act or an order under paragraph 38A of Part 8 of Schedule 5 to the 2004 Act;”.

4.

In rule 9.7—

(a)

in paragraph (1), at the end of sub-paragraph (d), for “; or” substitute—

“(da)

an order for payment in respect of legal services; or”;

and

(b)

for paragraph (2) substitute—

“(2)

An application for an order mentioned in paragraph (1) shall be made using the Part 18 procedure.”

5.

In rule 18.8(1)(b)(i), omit “interim”.

6.

In rule 28.3(4)(b)(i), after “an interim periodical payments order” insert “, an order for payment in respect of legal services”.

Richard Burton
Paul Carr
Martyn Cook
Chris Darbyshire
Bruce Edgington
Sunita Mason
David Salter
Lucy Theis, J.
Philip Waller
John Wilson

I allow these Rules

Chris Grayling
Lord Chancellor
EXPLANATORY NOTE
(This note is not part of the Order)
These rules amend the Family Procedure Rules 2010 by amending the definition of a “financial order” in rule 2.3(1) so that it includes an order for payment in respect of legal services under section 22ZA of the Matrimonial Causes Act 19734 or Part 8 of Schedule 5 to the Civil Partnership Act 20045, in consequence of the commencement of sections 49 to 54 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. These rules also make consequential amendments to other rules so that they cover orders for payment in respect of legal services appropriately.

A full impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.