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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Family Procedure (Amendment) Rules 2017 No. 413 (L. 6) URL: http://www.bailii.org/uk/legis/num_reg/2017/uksi_2017413_en_1.html |
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Statutory Instruments
Family Proceedings
Senior Courts Of England And Wales
Family Court, England And Wales
Made
15th March 2017
Laid before Parliament
16th March 2017
Coming into force
6th April 2017
1. These Rules may be cited as the Family Procedure (Amendment) Rules 2017 and come into force on 6th April 2017.
2. The Family Procedure Rules 2010(3) are amended in accordance with rules 3 to 6.
3.-(1) In rule 10.3 (service of the application), after paragraph (1) insert-
"(1A) An application must not be served personally by the applicant himself or herself.".
(2) In rule 10.6 (service of an order), after paragraph (1) insert-
"(1A) The documents listed in paragraph (1) must not be served personally by the applicant himself or herself.".
4.-(1) In rule 11.1 (scope and interpretation), after the definition of a forced marriage protection order, insert-
""an individual" means a person (whether legally represented or not) who is not applying for an order on behalf of an organisation, and includes the person who is the subject of the proceedings;".
(2) In rule 11.4 (service of applications on notice)-
(a)in paragraph (1), for "paragraphs (3) and (5)" substitute "paragraph (3)"; and
(b)after paragraph (1) insert-
"(1A) Where the applicant is an individual, the application must not be served personally by the applicant himself or herself.".
(3) In rule 11.7 (hearings and service of orders), after paragraph (3) insert-
"(3A) Where the applicant is an individual, the documents listed in paragraph (3) must not be served personally by the applicant himself or herself.".
5. In rule 16.6(1)(b) (circumstances in which a child does not need a children's guardian or litigation friend), after "Part 4A of the Family Law Act 1996", insert "or Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003(4)".
Richard Burton
Paul Carr
Chris Darbyshire
Jane Harris
Dylan Jones
Lord Justice McFarlane
Hannah Perry
HHJ Alison Raeside
Will Tyler
I allow these Rules
Oliver Heald
Minister of State
Ministry of Justice
15th March 2017
(This note is not part of the Rules)
These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) to-
ensure that applicants for certain orders do not, in person, hand over papers to respondents (rules 3(1) and (2) and 4(1), (2)(b) and (3)); and
make minor, tidying consequential amendments (rules 4(2)(a) and 5).
No impact assessment has been produced for these Rules, as no, or no significant, impact is anticipated to result from their provisions.
2003 c.39. Section 75 was amended by paragraph 338 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005 (c.4) and by paragraph 91 of Schedule 10 to the Crime and Courts Act 2013 (c.22). Section 76 was amended by section 62(7) of the Children Act 2004 (c.31), paragraph 172 of Schedule 2 to the Civil Partnership Act 2004 (c.33), paragraph 29 of Schedule 1 to the Constitutional Reform Act 2005 and paragraph 92 of Schedule 10 to the Crime and Courts Act 2013.
Section 79 was amended by paragraph 341 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005.
S.I. 2010/2955. There are relevant amendments in S.I. 2012/679, 2013/3204, 2014/667, 2015/1420 and 2016/901.
