The Family Procedure (Adoption) Rules 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/2795 |
| Year | 2005 |
2005 No. 2795 (L. 22)
CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES
The Family Procedure (Adoption) Rules 2005
Made 10th October 2005
Laid before Parliament 12th October 2005
Coming into force 30th December 2005
The Family Procedure Rule Committee makes the following Rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 20031, sections 52(7) and (8), 60(4), 90(1), 102, 109(2) and 141(1) and (3) of, and paragraphs 1(4), 4(4) and 6(2) of Schedule 1 to, the Adoption and Children Act 20022and section 54(1) of the Access to Justice Act 19993.
In accordance with section 79 of the Courts Act 2003 the Committee has consulted with persons it considered appropriate.
These Rules may be cited as the Family Procedure (Adoption) Rules 2005.
PART 1
OVERRIDING OBJECTIVE
The overriding objective
1.—(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly, having regard to the welfare issues involved.
(2) Dealing with a case justly includes, so far as is practicable—
(a)
(a) ensuring that it is dealt with expeditiously and fairly;
(b)
(b) dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues;
(c)
(c) ensuring that the parties are on an equal footing;
(d)
(d) saving expense; and
(e)
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.
Application by the court of the overriding objective
2. The court must seek to give effect to the overriding objective when it—
(a) exercises any power given to it by these Rules; or
(b) interprets any rule.
Duty of the parties
3. The parties are required to help the court to further the overriding objective.
Court’s duty to manage cases
4.—(1) The court must further the overriding objective by actively managing cases.
(2) Active case management includes—
(a)
(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;
(b)
(b) identifying at an early stage—
(i) the issues; and
(ii) who should be a party to the proceedings;
(c)
(c) deciding promptly—
(i) which issues need full investigation and hearing and which do not; and
(ii) the procedure to be followed in the case;
(d)
(d) deciding the order in which issues are to be resolved;
(e)
(e) encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure;
(f)
(f) helping the parties to settle the whole or part of the case;
(g)
(g) fixing timetables or otherwise controlling the progress of the case;
(h)
(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;
(i)
(i) dealing with as many aspects of the case as it can on the same occasion;
(j)
(j) dealing with the case without the parties needing to attend at court;
(k)
(k) making use of technology; and
(l)
(l) giving directions to ensure that the case proceeds quickly and efficiently.
PART 2
INTERPRETATION AND APPLICATION OF OTHER RULES
Extent and application of other rules
5.—(1) Unless the context otherwise requires, these Rules apply to proceedings in—
(a)
(a) the High Court;
(b)
(b) a county court; and
(c)
(c) a magistrates' court.
(2) Rule 35.15 of the CPR shall apply in detailed assessment proceedings in the High Court and a county court.
(3) Subject to paragraph (4), Parts 43, 44 (except rules 44.3(2) and (3) and 44.9 to 44.12A), 47 and 48 and rule 45.6 of the CPR apply to costs in proceedings, with the following modifications—
(a)
(a) in rule 43.2(1)(c)(ii), “district judge” includes a district judge of the principal registry of the Family Division;
(b)
(b) after rule 43.2(1)(d)(iv), insert—
“or
(v)
(v) a magistrates' court.”; and
(c)
(c) in rule 48.7(1) after “section 51(6) of the Supreme Court Act 1981” insert “or section 145A of the Magistrates' Courts Act 19804”.
(4) Part 47 of the CPR does not apply to proceedings in a magistrates' court.
(5) Parts 50 and 70 to 74 of, and Schedules 1 and 2 to, the CPR apply, as far as they are relevant, to the enforcement of orders made in proceedings in the High Court and county courts with necessary modifications.
Interpretation
6.—(1) In these Rules—
“the Act” means Part 1 of the Adoption and Children Act 2002;
“the 1989 Act” means the Children Act 19895;
“adoption proceedings” means proceedings for the making of an adoption order under the Act;
“application notice” means a document in which the applicant states his intention to seek a court order in accordance with the procedure in Part 9;
“business day” means any day other than—
(a) a Saturday, Sunday, Christmas Day or Good Friday; or
(b) a bank holiday under the Banking and Financial Dealings Act 19716, in England and Wales;
“Central Authority” means, in relation to England, the Secretary of State for Education and Skills, and in relation to Wales, the National Assembly for Wales;
“child”—
(a) means, subject to paragraph (b), a person under the age of 18 years who is the subject of the proceedings; and
(b) in adoption proceedings, also includes a person who has attained the age of 18 years before the proceedings are concluded;
“children and family reporter” means an officer of the Service or a Welsh family proceedings officer who prepares a report on matters relating to the welfare of the child;
“children’s guardian” means an officer of the Service or a Welsh family proceedings officer appointed to act on behalf of a child who is a party to the proceedings with the duty of safeguarding the interests of the child;
“civil restraint order” means an order restraining a party—
(a) from making any further applications in current proceedings (a limited civil restraint order);
(b) from making certain applications in specified courts (an extended civil restraint order); or
(c) from making any application in specified courts (a general civil restraint order);
“court officer” means, in the High Court and a county court, a member of court staff, and in a magistrates' court, the designated officer;
“CPR” means the Civil Procedure Rules 19987;
“detailed assessment proceedings” means the procedure by which the amount of costs is decided in accordance with Part 47 of the CPR;
“filing”, in relation to a document, means delivering it, by post or otherwise, to the court office;
“jurisdiction” means, unless the context requires otherwise, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;
“legal representative” means a barrister or a solicitor, solicitor’s employee or other authorised litigator (as defined in section 119 of the Courts and Legal Services Act 19908) who has been instructed to act for a party in relation to an application;
“litigation friend” has the meaning given by section 1 of Part 7;
“non-subject child” means a person under the age of 18 years who is a party to the proceedings but is not the subject of the proceedings;
“officer of the Service” has the meaning given by section 11(3) of the Criminal Justice and Court Services Act 20009;
“patient” means a party to proceedings who, by reason of mental disorder within the meaning of the Mental Health Act 198310, is incapable of managing and administering his property and affairs;
“placement proceedings” means proceedings for the making, varying or revoking of a placement order under the Act;
“proceedings” means, unless the context otherwise requires, proceedings brought under the Act (whether at first instance or appeal) or proceedings for the purpose of enforcing an order made in any proceedings under that Act, as the case may be;
“provision for contact” means a contact order under section 8 or 34 of the 1989 Act or a contact order under section 26;
“reporting officer” means an officer of the Service or a Welsh family proceedings officer appointed to witness the documents which signify a parent or guardian’s consent to the placing of the child for adoption or to the making of an adoption order or a section 84 order;
“section 84 order” means an order made by the High Court under section 84 giving parental responsibility prior to adoption abroad;
“section 88 direction” means a direction given by the High Court under section 88 that section 67(3) (status conferred by adoption) does not apply or does not apply to any extent specified in the direction;
“section 89 order” means an order made by the High Court under section 89—
(a) annulling a Convention adoption or Convention adoption order;
(b) providing for an overseas adoption or determination under section 91 to cease to be valid; or
(c) deciding the extent, if any, to which a determination under section 91 has been affected by a subsequent determination under that section;
“the Service Regulation” means Council Regulation (EC) No 1348/2000of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters;
“Welsh family proceedings officer” has the meaning given by section 35(4) of the Children Act 200411.
(2) A section or Schedule referred to by number alone means the section or Schedule so numbered in the Adoption and Children Act 2002.
(3) Any provision in these Rules—
(a)
(a) requiring or permitting directions to be given by the court is to be taken as including provision for such directions to be varied or revoked; and
(b)
(b) requiring or permitting a date to be set is to be taken as including provision for that date to be...
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