The Family Proceedings (Amendment) (No.2) Rules 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/857 |
| Year | 2009 |
2009No. 857 (L. 8)
FAMILY PROCEEDINGS
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS, ENGLAND AND WALES
The Family Proceedings (Amendment) (No.2) Rules 2009
1stApril2009
6thApril2009
27thApril2009
The Family Proceedings Rule Committee makes the following Rules in exercise of the powers conferred by section 40(1) and (4)(aa) of the Matrimonial and Family Proceedings Act 1984 1
Citation and commencement
1.These rules may be cited as the Family Proceedings (Amendment) (No. 2) Rules 2009 and come into force on 27th April 2009.
Amendments to the Family Proceedings Rules 1991
2.The Family Proceedings Rules 1991 2 are amended in accordance with rules 3 to 5 of these rules.
3.In the Arrangement of Rules-
(a) after the entry for rule 10.20, omit the entry "10.20A Communication of information relating to proceedings"; and(b) after the entry for rule 10.27, insert- 10.28 Attendance at private hearings
PART XI
COMMUNICATION OF INFORMATION: PROCEEDINGS RELATING TO CHILDREN
11.1 Application
11.2 Communication of information: general
11.3 Instruction of experts
11.4 Communication of information for purposes connected with the proceedings
11.5 Communication of information by a party etc. for other purposes
11.6 Communication for the effective functioning of Cafcass and CAFCASS CYMRU
11.7 Communication to and by Ministers of the Crown and Welsh Ministers
11.8 Communication by persons lawfully in receipt of information
11.9 Interpretation
.4.In Part 10-
(a) in rule 10.20(3), after "3.16(10) and", for "10.20A" substitute "Part XI";(b) omit rule 10.20A;(c) in rule 10.21A(1), after "nothing in rules 10.20 (inspection etc of documents in court)", for "10.20A (communication of information relating to proceedings)", substitute "Part XI (communication of information: proceedings relating to children)"; and(d) after rule 10.27, insert-Attendance at private hearings
10.28.-
(1) This rule applies when proceedings are held in private, except in relation to hearings conducted for the purpose of judicially assisted conciliation or negotiation.
(2) For the purposes of these Rules, a reference to proceedings held "in private" means proceedings at which the general public have no right to be present.
(3) When this rule applies no person shall be present during any hearing other than-
(a) an officer of the court;(b) a party to the proceedings;(c) a litigation friend for any party, or legal representative instructed to act on that party's behalf;(d) an officer of the service or Welsh family proceedings officer;(e) a witness;(f) duly accredited representatives of news gathering and reporting organisations; and(g) any other person whom the court permits to be present.(4) At any stage of the proceedings the court may direct that persons within paragraph (3)(f) shall not attend the proceedings or any part of them, where satisfied that-
(a) this is necessary-(i) in the interests of any child concerned in, or connected with, the proceedings;(ii) for the safety or protection of a party, a witness in the proceedings, or a person connected with such a party or witness; or(iii) for the orderly conduct of the proceedings; or(b) justice will otherwise be impeded or prejudiced.(5) The court may exercise the power in paragraph (4) of its own motion or pursuant to representations made by any of the persons listed in paragraph (6), and in either case having given to any person within paragraph (3)(f) who is in attendance an opportunity to make representations.
(6) At any stage of the proceedings, the following persons may make representations to the court regarding restricting the attendance of persons within paragraph (3)(f) in accordance with paragraph (4)-
(a) a party to the proceedings;(b) any witness in the proceedings;(c) where appointed, any children's guardian;(d) where appointed, an officer of the service or Welsh family proceedings officer, on behalf of the child the subject of the proceedings;(e) the child, if of sufficient age and understanding.(7) This rule does not affect any power of the court to direct that witnesses shall be excluded until they are called for examination.
(8) In this rule "duly accredited" refers to accreditation in accordance with any administrative scheme for the time being approved for the purposes of this rule by the Lord Chancellor..
5.After Part X, insert-
PART XI
COMMUNICATION OF INFORMATION: PROCEEDINGS RELATING TO CHILDREN
Application
11.1.The provisions of this Part apply to family proceedings which-
(a) relate to the exercise of the inherent jurisdiction of the High Court with respect to minors;(b) are brought under the Act of 1989; or(c) otherwise relate wholly or mainly to the maintenance or upbringing of a minor.Communication of information: general
11.2.-
(1) For the purposes of the law relating to contempt of court, information relating to proceedings held in private (whether or not contained in a document filed with the court) may be communicated-
(a) where the communication is to-(i) a party;(ii) the legal representative of a party;(iii) a professional legal adviser;(iv) an officer of the service or a Welsh family proceedings officer;(v) the welfare officer;(vi) the Legal Services Commission;(vii) an expert whose instruction by a party has been authorised by the court for the purposes of the proceedings;(viii) a professional acting in furtherance of the protection of children; or(ix) an independent reviewing officer appointed in respect of a child who is, or has been, subject to proceedings to which this rule applies;(b) where the court gives permission; or(c) subject to any direction of the court, in accordance with rules 11.4 to 11.8.(2) Nothing in this Part permits the communication to the public at large, or any section of the public, of any information relating to the proceedings.
(3) Nothing in rules 11.4 to 11.8 permits the disclosure of an unapproved draft judgment handed down by any court.
Instruction of experts
11.3.-
(1) No party may instruct an expert for any purpose relating to proceedings, including to give evidence in those proceedings, without the leave of the court.
(2) Where the leave of the court has not been given under paragraph (1), no evidence arising out of an unauthorised instruction may be introduced without leave of the court.
Communication of information for purposes connected with the proceedings
11.4.-
(1) A party or the legal representative of a party, on behalf of and upon the instructions of that party, may communicate information relating to the proceedings to any person where necessary to enable that party-
(a) by confidential discussion, to obtain support, advice or assistance in the conduct of the proceedings;(b) to engage in mediation or other forms of alternative dispute resolution;(c) to make and pursue a complaint against a person or body concerned in the proceedings; or(d) to make and pursue a complaint regarding the law, policy or procedure relating to a category of proceedings to which this Part applies.(2) Where information is communicated to any person in accordance with paragraph (1)(a) of this rule, no further communication by that person is permitted.
(3) When information relating to the proceedings is communicated to any person in accordance with paragraphs (1)(b),(c) or (d) of this rule-
(a) the recipient may communicate that information to a further recipient, provided that-(i) the party who initially communicated the information consents to that further communication; and(ii) the further communication is made only for the purpose or purposes for which the party made the initial communication; and(b) the information may be successively communicated to and by further recipients on as many occasions as may be necessary to fulfil the purpose for which the information was initially communicated, provided that on each such occasion the conditions in sub-paragraph (a) are met.Communication of information by a party etc. for other purposes
11.5.A person specified in the first column of the following table may communicate to a person listed in the second column such information as is specified in the third...
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