The Family Procedure (Amendment No. 2) Rules 2014

JurisdictionEngland & Wales
CitationSI 2014/667

2014No. 667 (L. 11)

FAMILY PROCEEDINGS

SENIOR COURTS OF ENGLAND AND WALES

FAMILY COURT, ENGLAND AND WALES

The Family Procedure (Amendment No. 2) Rules 2014

13thMarch2014

18thMarch2014

22ndApril2014

The Family Procedure Rule Committee makes the following rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 2003( 1) and section 54(1) of the Access to Justice Act 1999( 2), after consulting in accordance with section 79 of the Courts Act 2003.

Citation, interpretation and commencement

1. These Rules may be cited as the Family Procedure (Amendment No. 2) Rules 2014 and come into force on 22nd April 2014.

Amendments to the Family Procedure Rules 2010

2. The Family Procedure Rules 2010( 3) are amended in accordance with rules 3 to 44.

3. In rule 2.3-

(a) in paragraph (1)-

(i) in the definitions of "CCR" and "RSC", delete "subject to paragraph (4)";

(ii) after the defined term "justices' clerk" insert-

""lay justice" means a justice of the peace who is not a District Judge (Magistrates' Courts);"; and

(iii) for the defined term "judge" substitute-

""judge" means-

(a) in the High Court, a judge or a district judge of that court (including a district judge of the principal registry) or a person authorised to act as such; and

(b) in the family court, a person who is-

(i) the Lord Chief Justice;

(ii) the Master of the Rolls;

(iii) the President of the Queen's Bench Division;

(iv) the President of the Family Division;

(v) the Chancellor of the High Court;

(vi) an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);

(vii) the Senior President of Tribunals;

(viii) a puisne judge of the High Court;

(ix) a deputy judge of the High Court;

(x) a person who has been a judge of the Court of Appeal or a puisne judge of the High Court who may act as a judge of the family court by virtue of section 9 of the Senior Courts Act 1981( 4);

(xi) the Chief Taxing Master;

(xii) a taxing master of the Senior Courts;

(xiii) a person appointed to act as a deputy for the person holding office referred to in sub-paragraph (xii) or to act as a temporary additional officer for any such office;

(xiv) a circuit judge;

(xv) a Recorder;

(xvi) the Senior District Judge of the Family Division;

(xvii) a district judge of the principal registry;

(xviii) a person appointed to act as a deputy for the person holding office referred to in sub-paragraph (xvii) or to act as a temporary additional office holder for any such office;

(xix) a district judge;

(xx) a deputy district judge appointed under section 102 of the Senior Courts Act 1981( 5) or section 8 of the County Courts Act 1984( 6);

(xxi) a District Judge (Magistrates' Courts);

(xxii) a lay justice;

(xxiii) any other judge referred to in section 31C(1) of the 1984 Act who is authorised by the President of the Family Division to conduct particular business in the family court;";

(b) in paragraph (3), for "Subject to paragraph (4), where" substitute "Where"; and

(c) omit paragraph (4).

4. For rule 2.5(1)(b) substitute-

"(b) in relation to proceedings in the family court-

(i) by the court composed in accordance with rules made under section 31D of the 1984 Act( 7); or

(ii) where Practice Direction 2A applies, by a single lay justice who is authorised as specified in rules made under section 31D of the 1984 Act.".

5. In rule 2.6-

(a) in paragraph (1)-

(i) for the words before sub-paragraph (a) substitute "A single lay justice who is authorised as specified in rules made under section 31D of the 1984 Act may perform the functions of the family court-"; and

(ii) omit sub-paragraph (d);

(b) in paragraph (2), for "justice of the peace" substitute "lay justice"; and

(c) in paragraph (3), for "(1)(a), (c) and (d)" substitute "(1)(a) and (c)".

6. For rule 2.7 substitute-

"Single lay justice: power to refer to the family court

2.7. Where a single lay justice-

(a) is performing a function of the family court in accordance with rule 2.5(1)(b)(ii) or rule 2.6(1) or (2); and

(b) considers, for whatever reason, that it is inappropriate to perform the function,

the single lay justice must refer the matter to the family court.".

7. Omit rule 9.2.

8. In rule 9.14, after paragraph (2) insert-

"(2ZA) Paragraph (2A) applies where the court has determined that the procedure in this Chapter should apply to an application under Article 56 of the Maintenance Regulation or Article 10 of the 2007 Hague Convention.".

9. In rule 9.18(A1)(a)-

(a) in paragraph (iii), omit "or"; and

(b) after paragraph (iii) insert-

"(iv) Article 56 of the Maintenance Regulation; or

(v) Article 10 of the 2007 Hague Convention; or".

10. After rule 9.21, insert-

"Duty to make entries in the court's register

9.21A. Where a court officer receives notice of any direction made in the High Court or family court under section 28 of the 1978 Act by virtue of which an order made under that Act or the 2004 Act ceases to have effect, particulars of the direction must be noted in the court's records.".

11. After rule 9.21A, insert-

"Chapter 5A Certain applications."

12. Omit rule 9.23.

13. In Chapter 6 of Part 9, after rule 9.26B, insert-

"Method of making periodical payments

9.26C.

(1) This rule applies where under section 1(4) or (4A) of the Maintenance Enforcement Act 1991( 8) the court orders that payments under a qualifying periodical maintenance order are to be made by a particular means.

(2) The court officer will record on a copy of the order the means of payment that the court has ordered.

(3) The court officer will notify in writing the person liable to make payments under the order how the payments are to be made.

(4) Where under section 1(4A) of the Maintenance Enforcement Act 1991 the court orders payment to the court by a method of payment under section 1(5) of that Act, the court officer will notify the person liable to make payments under the order of sufficient details of the account into which payments should be made to enable payments to be made into that account.

(5) Where payments are made to the court, the court officer will give or send a receipt to any person who makes such a payment and who asks for a receipt.

(6) Where payments are made to the court, the court officer will make arrangements to make the payments to-

(a) the person entitled to them; or

(b) if the person entitled to them is a child, to the child or to the person with whom the child has his or her home.

(7) The Part 18 procedure applies to an application under section 1(7) of the Maintenance Enforcement Act 1991 (application from an interested party to revoke, suspend, revive or vary the method of payment).

(8) Where the court makes an order under section 1(7) of the Maintenance Enforcement Act 1991 or dismisses an application for such an order, the court officer will, as far as practicable, notify in writing all interested parties of the effect of the order and will take the steps set out in paragraphs (2), (3) and (4), as appropriate..

(9) In this rule, "interested party" and "qualifying periodical maintenance order" have the meanings given in section 1(10) of the Maintenance Enforcement Act 1991.

Court officer to notify subsequent marriage or formation of civil partnership of a person entitled to payments under a maintenance order

9.26D.

(1) This rule applies where-

(a) there is an order of a type referred to in paragraph (4) which requires payments to be made to the court or to an officer of the court; and

(b) the court is notified in writing by-

(i) the person entitled to receive payments under the order;

(ii) the person required to make payments under the order; or

(iii) the personal representative of such a person,

that the person entitled to receive payments under the order has subsequently married or formed a civil partnership.

(2) The court officer will, where practicable, notify in writing the courts referred to in paragraph (3) of the notification of the subsequent marriage or formation of a civil partnership.

(3) The courts to be notified are-

(a) any other court which has made an order of a type referred to in paragraph (4);

(b) in the case of a provisional order made under section 3 of the 1920 Act or section 3 of the 1972 Act, the court which confirmed the order;

(c) if an order of a type referred to in paragraph (4) has been transmitted abroad for registration under section 2 of the 1920 Act or section 2 of the 1972 Act, the court in which the order is registered; and

(d) any other court in which an application to enforce the order has been made.

(4) The orders are-

(a) those to which the following provisions apply-

(i) section 38 of the 1973 Act;

(ii) section 4(2) of the 1978 Act;

(iii) paragraph 65 of Schedule 5 to the 2004 Act; and

(iv) paragraph 26(2) of Schedule 6 to the 2004 Act; and

(b) an attachment of earnings order made to secure payments under an order referred to in sub-paragraph (a).

(5) In this rule-

"the 1920 Act" means the Maintenance Orders (Facilities for Enforcement) Act 1920( 9); and

"the 1972 Act" means the Maintenance Orders (Reciprocal Enforcement) Act 1972( 10).

Enforcement and apportionment where periodical payments are made under more than one order

9.26E.

(1) This rule applies where periodical payments are required to be made by a payer to a payee under more than one periodical payments order.

(2) Proceedings for the recovery of payments under more than one order may be made in one application by the payee, which must indicate the payments due under each order.

(3) Paragraphs (4) and (5) apply where any sum paid to the court on any date by a payer who is liable to make payments to the court under two or more periodical payments orders is less than the total sum that the payer is required to pay to the court on that date in respect of those orders.

(4) The payment made will be apportioned between the orders in proportion to the amounts due under each order over a period of one year.

(5) If, as a result of...

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