The
Family Proceedings Courts (Miscellaneous Amendments) (No.2) Rules
2009
Made
Laid before Parliament
Coming into force
21st July 2009
22nd July 2009
1st September 2009
The
Lord Chief Justice, with the concurrence of the Lord Chancellor,
after having consulted the rule committee appointed under
section 144(A1) of the Magistrates’ Courts Act 1980(1),
makes the following Rules in exercise of the powers conferred
by section 144 of the Magistrates’ Courts Act 1980:
These
Rules may be cited as the Family Proceedings Courts (Miscellaneous
Amendments) (No.2) Rules 2009 and come into force on the
1st September 2009.
2-
Amendment
to the Family Proceedings Courts (Children Act 1989) Rules
1991
The
Family Proceedings Courts (Children Act 1989) Rules 1991(2),
are amended in accordance with rules 3 to 8.
3-
In rule 2.5(c),
after “4(3)(b),” insert “4ZA(6)(b),”.
4-
In
rule 4, after “4(1)(c)”, wherever it occurs,
insert “,4ZA(1)(c) or 4A(1)(b)”.
5-
In
rule 9, after “4(1)(c)”, insert “,4ZA(1)(c)
or 4A(1)(b)”.
6-
In
rule 21A, in the definition of “the birth father”,
after “section 28 of the 1990 Act” insert
“or by sections 35 to 40 of the Human Fertilisation
and Embryology Act 2008(3)”.
7-
In
Schedule 1, for Forms C13A, C19 and C28, substitute the
forms set out in Schedule 1 to these Rules.
8-
In
Schedule 2, in the second entry—
(a)
in
column (i), after “4(3),” insert “4ZA(1)(c),
4ZA(6),”; and
(b)
in
column (iv), for “the father of the child if he”,
substitute “the father or parent (being a woman
who is a parent by virtue of section 43 of the Human Fertilisation
and Embryology Act 2008) of the child if that person”.
9-
Amendment
to the Family Proceedings Courts (Matrimonial Proceedings
etc.) Rules 1991
In
Schedule 1 to the Family Proceedings Courts (Matrimonial
Proceedings etc.) Rules 1991(4), for Form FL401 substitute
the form set out in Schedule 2 to these Rules.
Lord
Judge,C.J.
I concur
21st July 2009
Bridget
Prentice
Parliamentary Under Secretary of State
Ministry of Justice
These
Rules amend the Family Proceedings Courts (Children Act
1989) Rules 1991 and the Family Proceedings Courts (Matrimonial
Proceedings etc.) Rules 1991.
The
amendments, with the exception of rule 7, are consequential
on the coming into force of certain provisions of the
Human Fertilisation and Embryology Act 2008 (c.22) (the
“2008 Act”). Rules 6 and 8(b) are consequential
on sections 35 to 43 of the 2008 Act which set out when
a man is the father or a woman (not being the mother)
is a parent of a child in cases of assisted reproduction.
Rules
3 to 5 and 8(a), are consequential upon changes made to
section 2 of and the insertion of section 4ZA into the
Children Act 1989 (c.41) (“ the 1989 Act”)
by the 2008 Act.
The amended section 2 provides that a woman who is a parent
by virtue of section 42 of the 2008 Act has parental responsibility
for the child. It further provides for when a woman who
is a parent by virtue of section 43 of the 2008 Act has
or may acquire parental responsibility. Rules 3 to 5 and
8(a) ensure that the procedure in relation to applications
under section 4ZA (acquisition of parental responsibility
by second female parent) mirror that in relation to applications
under section 4 (acquisition of parental responsibility
by father). The opportunity is also taken to include references
where applicable to section 4A (acquisition of parental
responsibility by step-parent).
Rule
9 substitutes Form FL401 (application for a non-molestation
order/an occupation order) in Schedule 1 to the Family
Proceedings Courts (Matrimonial Proceedings etc.) Rules
1991. Section 4 of the notes to the form has been updated
to reflect the amendments to section 2 of the 1989 Act
in relation to parental responsibility.
Rule
7 substitutes various forms in Schedule 1 to the Family
Proceedings Courts (Children Act 1989) Rules 1991 in the
light of amendments made to those forms.
Form
C13A (supplement for an application for a special guardianship
order) is amended in consequence of the new section 14A(5)(e)
of the 1989 Act inserted by section 38 of the Children
and Young Persons Act 2008 (c.23). This permits a relative
with whom the child has lived for at least one year immediately
preceding the application to apply for a special guardianship
order without the leave of the court.
Form
C19 (warrant of assistance) is amended to remove the reference
to section 33 of the Adoption Act 1976 (c.36) which is
no longer needed. The opportunity is taken to insert references
to the 1989 Act in section 3 of the form where appropriate.
Form
C28 (warrant to assist a person to gain access to a child
or entry to premises) is amended in consequence of section
79 (power of constable to assist in exercise of powers
of entry) of the Childcare Act 2006 (c.21). The form now
refers to section 79 and, in relation to the exercise
of powers in England, to section 77 of the Childcare Act
2006. The form also makes provision for a warrant under
section 102 of the 1989 Act and, in relation to the exercise
of powers in Wales, under section 79U of that Act. References
to section 76(2) of the 1989 Act and section 33 of the
Adoption Act 1976 have been removed as they are no longer
needed.
