Magistrates' Courts (Forms) (Amendment) Rules 1979
| Jurisdiction | UK Non-devolved |
| Citation | SI 1979/1220 |
| Year | 1979 |
1979 No. 1220 (L. 16)
MAGISTRATES' COURTS
PROCEDURE
The Magistrates' Courts (Forms) (Amendment) Rules 197928thSeptember 1979
9thOctober 1979
1stNovember 1979
The Lord Chancellor, in exercise of the power conferred on him by section 15 of the Justices of the Peace Act 1949(a) as extended by section 122 of the Magistrates' Courts Act 1952(b), and section 17(2) of the Domestic Proceedings and Magistrates' Courts Act 1978(c), after consultation with the Rule Committee appointed under the said section 15, hereby makes the following Rules:—
1. These Rules may be cited as the Magistrates' Courts (Forms) (Amendment) Rules 1979 and shall come into operation on 1st November 1979.
2. In the Schedule to the Magistrates' Courts (Forms) Rules 1968(d) after the form numbered 115 under the heading "CIVIL PROCEDURE" there shall be inserted the sub-heading and forms contained in the Schedule to these Rules.
Hailsham of St. Marylebone, C.
Dated 28th September 1979.
(a) 1949 c. 101.
(b) 1952 c. 55.
(c) 1978 c. 22.
(d) S.I. 1968/1919, to which there are amendments not relevant to these Rules.
Rule 2
SCHEDULE
FORMS TO BE INSERTED IN THE MAGISTRATES' COURTS (FORMS) RULES 1968 FAMILY PROTECTION ORDERS
115A
Notice of courts' powers under sections 16 and 18(1) of the Domestic Proceedings and Magistrates' Courts Act 1978 (M.C. Rules 1968, r. 82(5A)(b))
Applications for an order under section 16
Respondents to an application for an order under section 16 of the Domestic Proceedings and Magistrates' Courts Act 1978 are informed that on hearing the application the court (if satisfied as to certain circumstances involving violence or threats of violence) has power to make any order under section 16 of the Act, whether or not the applicant asks for a particular kind of order to be made and, if so, whether or not the particular kind of order asked for by the applicant is made.
Any or all of the following orders may be made under section 16:—
(i) Under section 16(2)
(a) An order that the respondent shall not use, or threaten to use, violence against the person of the applicant;
(b) An order that the respondent shall not use, or threaten to use, violence against the person of a child of the family.
(ii) Under section 16(3)
(a) An order requiring the respondent to leave the matrimonial home;
(b) An order prohibiting the respondent from entering the matrimonial home.
(iii) Under section 16(4)
If an order under section 16(3) is made, a further order requiring the...
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