Family Proceedings Courts (Children Act 1989) Rules 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1395 |
1991 No. 1395 (L.17)
MAGISTRATES' COURTS
The Family Proceedings Courts (Children Act 1989) Rules 1991
Made 25th May 1991
Laid before Parliament 12th July 1991
Coming into force 14th October 1991
The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Courts Act 19801, after consultation with the Rule Committee appointed under that section, hereby makes the following Rules:–
PART I
INTRODUCTORY
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Family Proceedings Courts (Children Act 1989) Rules 1991 and shall come into force on 14th October 1991.
(2) Unless a contrary intention appears–
a section or schedule referred to means the section or schedule in the Act of 1989,
“application” means an application made under or by virtue of the Act of 1989 or under these Rules, and “applicant” shall be construed accordingly,
“business day” means any day other than–
(a) a Saturday, Sunday, Christmas Day or Good Friday; or
(b) a bank holiday, that is to say, a day which is, or is to be observed as, a bank holiday, or a holiday, under the Banking and Financial Dealings Act 19712, in England and Wales,
“child”
(a) means, in relation to any relevant proceedings, subject to sub-paragraph (b), a person under the age of 18 with respect to whom the proceedings are brought, and
(b) where paragraph 16(1) of Schedule 1 applies, also includes a person who has reached the age of 18;
“contribution order” has the meaning assigned to it by paragraph 23(2) of Schedule 2,
“court” means a family proceedings court constituted in accordance with sections 66 and 673of the Magistrates' Courts Act 1980 or, in respect of those proceedings prescribed in rule 2(5), a single justice who is a member of a family panel,
“directions appointment” means a hearing for directions under rule 14(2),
“emergency protection order” means an order under section 44,
“file” means deposit with the justices' clerk,
“form” means a form in Schedule 1 to these Rules with such variation as the circumstances of the particular case may require,
“guardian ad litem” means a guardian ad litem, appointed under section 41, of the child with respect to whom the proceedings are brought,
“justices' clerk” has the meaning assigned to it by section 70 of the Justices of the Peace Act 1979 and includes any person who performs a justices' clerk’s functions by virtue of rule 32,
“leave” includes approval,
“note” includes a record made by mechanical means,
“parental responsibility” has the meaning assigned to it by section 3,
“parties” in relation to any relevant proceedings means the respondents specified for those proceedings in the third column of Schedule 2 to these Rules, and the applicant,
“recovery order” means an order under section 50,
“relevant proceedings” has the meaning assigned to it by section 93(3),
“section 8 order” has the meaning assigned to it by section 8(2),
“specified proceedings” has the meaning assigned to it by section 41(6) and rule 2(2),
“the 1981 rules” means the Magistrates' Courts Rules 19814,
“the Act of 1989” means the Children Act 19895,
“welfare officer” means a person who has been asked to prepare a welfare report under section 7.
Matters prescribed for the purposes of the Act of 1989
2.—(1) The parties to proceedings in which directions are given under section 38(6), and any person named in such a direction, form the prescribed class for the purposes of section 38(8)(b) (application to vary directions made with interim care or interim supervision order).
(2) The following proceedings are specified for the purposes of section 41 in accordance with subsection (6)(i) thereof–
(a)
(a) proceedings under section 25;
(b)
(b) applications under section 33(7);
(c)
(c) proceedings under paragraph 19(1) of Schedule 2;
(d)
(d) applications under paragraph 6(3) of Schedule 3.
(3) The applicant for an order that has been made under section 43(1) and the persons referred to in section 43(11) may, in any circumstances, apply under section 43(12) for a child assessment order to be varied or discharged.
(4) The following persons form the prescribed class for the purposes of section 44(9)(b) (application to vary directions)–
(a)
(a) the parties to the application for the order in respect of which it is sought to vary the directions;
(b)
(b) the guardian ad litem;
(c)
(c) the local authority in whose area the child concerned is ordinarily resident;
(d)
(d) any person who is named in the directions.
(5) The following proceedings are prescribed for the purposes of section 93(2)(i) as being proceedings with respect to which a single justice may discharge the functions of a family proceedings court, that is to say, proceedings–
(a)
(a) where an ex parte application is made, under sections 10, 44(1), 48(9), 50(1), 75(1) or 102(1),
(b)
(b) subject to rule 28, under sections 11(3) or 38(1),
(c)
(c) under sections 4(3)(b), 7, 14, 34(3)(b), 37, 41, 44(9)(b) and (11)(b)(iii), 48(4), 91(15) or (17), or paragraph 11(4) of Schedule 14,
(d)
(d) in accordance with any Order made by the Lord Chancellor under Part I of Schedule 11, and
(e)
(e) in accordance with rules 3 to 8, 10 to 19, 21, 22, or 27.
PART II
GENERAL
Application for leave to commence proceedings
3.—(1) Where the leave of the court is required to bring any relevant proceedings, the person seeking leave shall file–
(a)
(a) a written request for leave setting out the reasons for the application; and
(b)
(b) a draft of the application for the making of which leave is sought in the appropriate form in Schedule 1 to these Rules or, where there is no such form, in writing, together with sufficient copies for one to be served on each respondent.
(2) On considering a request for leave filed under paragraph (1), the court shall–
(a)
(a) grant the request, whereupon the justices' clerk shall inform the person making the request of the decision, or
(b)
(b) direct that a date be fixed for a hearing of the request, whereupon the justices' clerk shall fix such a date and give such notice as the court directs to the person making the request and to such other persons as the court requires to be notified, of the date so fixed.
(3) Where leave is granted to bring any relevant proceedings, the application shall proceed in accordance with rule 4; but paragraph (1)(a) of that rule shall not apply.
Application
4.—(1) Subject to paragraph (4), an applicant shall–
(a)
(a) file the application in respect of each child in the appropriate form in Schedule 1 to these Rules or where there is no such form, in writing, together with sufficient copies for one to be served on each respondent, and
(b)
(b) serve a copy of the application, endorsed in accordance with paragraph (2)(b), on each respondent such minimum number of days prior to the date fixed under paragraph (2)(a) as is specified in relation to that application in column (ii) of Schedule 2 to these Rules.
(2) On receipt of the documents filed under paragraph (1)(a), the justices' clerk shall–
(a)
(a) fix the date, time and place for a hearing or a directions appointment, allowing sufficient time for the applicant to comply with paragraph (1)(b),
(b)
(b) endorse the date, time and place so fixed upon the copies of the application filed by the applicant, and
(c)
(c) return the copies to the applicant forthwith.
(3) The applicant shall, at the same time as complying with paragraph (1)(b), give written notice of the proceedings, and of the date, time and place of the hearing or appointment fixed under paragraph (2)(a) to the persons set out in relation to the relevant class of proceedings in column (iv) of Schedule 2 to these Rules.
(4) An application for–
(a)
(a) a prohibited steps order, or a specific issue order, under section 8,
(b)
(b) an emergency protection order,
(c)
(c) a warrant under section 48(9),
(d)
(d) a recovery order, or
(e)
(e) a warrant under section 102(1),
may, with leave of the justices' clerk, be made ex parte in which case the applicant shall–
(i)
(i) file with the justices' clerk or the court the application in respect of each child in the appropriate form in Schedule 1 to these Rules at the time when the application is made or as directed by the justices' clerk, and
(ii)
(ii) in the case of an application for a prohibited steps order, or a specific issue order, under section 8 or an emergency protection order, and also in the case of an application for an order under section 75(1) where the application is ex parte, serve a copy of the application on each respondent within 48 hours after the making of the order.
(5) Where the court refuses to make an order on an ex parte application it may direct that the application be made inter partes.
(6) In the case of proceedings under Schedule 1, the application under paragraph (1) shall be accompanied by a statement setting out the financial details which the applicant believes to be relevant to the application and containing a declaration that it is true to the maker’s best knowledge and belief, together with sufficient copies for one to be served on each respondent.
Withdrawal of application
5.—(1) An application may be withdrawn only with leave of the court.
(2) Subject to paragraph (3), a person seeking leave to withdraw an application shall file and serve on the parties a written request for leave setting out the reasons for the request.
(3) The request under paragraph (2) may be made orally to the court if the parties and, if appointed, the guardian ad litem or the welfare officer are present.
(4) Upon receipt of a written request under paragraph (2), the court shall–
(a)
(a) if–
(i) the parties consent in writing,
(ii) any guardian ad litem has had an opportunity to make representations, and
(iii) the court thinks fit,
grant...
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