The Family Procedure (Amendment No. 3) Rules 2014

Amendments to the Family Procedure Rules 2010

This section has no associated Explanatory Memorandum

15.  In rule 12.2—

(a)after the definition of “the 2006 Act”, insert—

activity condition” has the meaning given to it by section 11C(2) of the 1989 Act;” and

activity direction” has the meaning given to it by section 11A(3) of the 1989 Act;;

(b)for the definition of “Case Management Order”, substitute—

“Case Management Order” means an order in the form referred to in Practice Direction 12A;;

(c)omit the definitions of—

(i)“contact activity condition”; and

(ii)“contact activity direction”;

(d)after the definition of “interim order” insert—

Part 4 proceedings” means proceedings for—

(a)

a care order, or the discharge of such an order, under section 39(1) of the 1989 Act;

(b)

an order giving permission to change a child’s surname or remove a child from the United Kingdom under section 33(7) of the 1989 Act;

(c)

a supervision order, the discharge or variation of such an order under section 39(2) of the 1989 Act, or the extension of such an order under paragraph 6(3) of Schedule 3 to that Act;

(d)

an order making provision regarding contact under section 34(2) to (4) of the 1989 Act or an order varying or discharging such an order under section 34(9) of that Act;

(e)

an education supervision order, the extension of an education supervision order under paragraph 15(2) of Schedule 3 to the 1989 Act, or the discharge of such an order under paragraph 17(1) of Schedule 3 to that Act;

(f)

an order varying directions made with an interim care order or interim supervision order under section 38(8)(b) of the 1989 Act;

(g)

an order under section 39(3) of the 1989 Act varying a supervision order in so far as it affects a person with whom the child is living but who is not entitled to apply for the order to be discharged;

(h)

an order under section 39(3A) of the 1989 Act varying or discharging an interim care order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged;

(i)

an order under section 39(3B) of the 1989 Act varying or discharging an interim care order in so far as it confers a power of arrest attached to an exclusion requirement; or

(j)

the substitution of a supervision order for a care order under section 39(4) of the 1989 Act;; and

(e)in the definition of “private law proceedings”—

(i)for sub-paragraph (a) substitute—

(a)a section 8 order except a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority;; and

(ii)in sub-paragraph (k), for “contact order” substitute “child arrangements order”; and

(f)in the definition of “public law proceedings”—

(i)after “means” insert “Part 4 proceedings and”;

(ii)for sub-paragraph (a) substitute—

(a)a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority;; and

(iii)omit sub-paragraphs (d) to (m).