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The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019

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This is the original version (as it was originally made).

Transitional and saving provision – Part 6

This section has no associated Explanatory Memorandum

22.—(1) Where before exit day, pursuant to rule 6.11, a solicitor acting for the respondent has notified the business address of that solicitor in an EEA state outside the United Kingdom as the address at which that solicitor is instructed to accept service of the application, the application, if not served before exit day, must on or after exit day be served at that address notwithstanding the changes made by these Regulations.

(2) Where before exit day a party to proceedings has given, as the address at which that party may be served with documents relating to those proceedings, the business address of a solicitor in any EEA State outside the United Kingdom—

(a)that address will continue on and after exit day to be that party’s address for service unless and until that party elects to change the address for service; and

(b)if that party elects on or after exit day to change the address for service, the new address for service may be any address for service permitted by rule 6.26 as in force immediately before exit day.

(3) In this regulation, “EEA State” has the meaning it had for the purposes of Part 6 immediately before exit day.

(4) Where before exit day an applicant has filed the documents referred to in rule 6.44(2), but the action required by rule 6.44(3) has not been taken by exit day, the court may treat the request for service of the documents in question as a request for service pursuant to rule 6.45(1) or (2) as appropriate.

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