Notes to accompany 5th update

Notes to Accompany 20th December 2012 Update

Coming into force

The Family Procedure (Amendment) (No.4) Rules 2012 comeinto force on 20 December 2012

Introduction

Part 2 Application and Interpretation of theRules

Definitions are added for ‘the 2007 HagueConvention’ and ‘Article 11 form’.

Part 5 Forms and Start ofProceedings

The effect of an amendment to rule 5.1 is thatthe form of application under Article 11 of the 2007 Hague Convention may notbe varied. An amendment to rule 5.3 makes provision for deeming an applicationunder article 56 of the Maintenance Regulation or article 10 of the 2007 HagueConvention to have been made by virtue of making the application forestablishment or modification of a maintenance decision for forwarding by theLord Chancellor on the applicant's behalf.

PD5A Forms

An amendment is madeto the title of Form C69.

Part 9 Proceedings for a FinancialRemedy

The rules on service of documents are varied for thepurposes of applications for establishment or modification of maintenance underthe 2007 Hague Convention. The requirement for a financial statement to beverified by a statement of truth does not apply to applications under article56 of the Maintenance Regulation or article 10 of the 2007 HagueConvention.

PD 12G Communication of Information and PD14ECommunication of Information

Amendments are madeconsequential upon amendments to the Adoption Agencies (Regulations) 2005 andthe Adoption Agencies (Wales) 2005. An amendment is also made to PD12G toreflect the abolition of the General Social Care Council in accordance with theHealth and Social Care Act 2012.

Part 17 Statements ofTruth

Rule 17.2 is amended to enable the court to permit aparty to rely upon matters set out in an application form which has not beenverified by a statement of truth as evidence where the application has beenmade under article 10 of the 2007 Hague Convention or article 56 of theMaintenance Regulation.

Part 20 (Interim Remedies and Security forCosts)

An amendment is made consequential upon theimplementation of the 2007 Hague Convention.

Part 22 (Evidence)

Anamendment is made consequential upon the amendments to Part 17.

Part 34 (Reciprocal Enforcement of MaintenanceOrders)

Amendments are made to cover proceedings forrecognition and enforcement under the 2007 Hague Convention.

PD34A (Reciprocal Enforcement of MaintenanceOrders)

Amendments are made consequential upon the 2007Hague Convention and to reflect the governance of the reciprocal enforcement ofmaintenance orders between the United Kingdom and the Republic ofIreland.

Rules

Part 2
New text inserted after the definition of ‘the 2005Act’ in rule 2.3(1)
Newtext inserted after the definition of ‘application notice’ in rule2.3(1)
Part 5
New text inserted in rule5.1(5)
New text addedafter rule 5.3(2)
Part 9
New text inserted in rule9.3(1)
New text insertedin rule 9.3(3)
New text inserted in rule 9.12(4)
New text substituted in rule9.14(2A)
New text substituted in rule9.18(4)
New text inserted in rule 9.18(5)
New text substituted in rule9.19(2A)
New text inserted in rule9.26A(1)
Newtext inserted after rule 9.26A
Part 17
New text inserted in rule17.1
New text insertedin rule 17.2(1)
New text substituted in rule17.2(3)
New text added after rule 17.2(9)
Part 20
New text inserted in rule20.7(2)(a)(ii)
New text inserted in parentheses at the end of rule 20.7
Part 22
New text inserted in rule 22.7(2)
Part 34
Newtext substituted in rule34.1(5)
New text inserted in rule 34.3
New text inserted in the heading to Part 34, Chapter 3
Newtext substituted in rule34.28A(1)
Newtext inserted in the heading to Part 34, Chapter 3, Section1
New text inserted inrule 34.29A
New text substituted in rule34.29A
New text inserted in rule 34.30(2)
Newtext inserted in rule 34.30(6)
New text inserted in rule34.30(9)
New text inserted in rule 34.31(1)
New text substituted in rule34.32(1)
Newtext inserted in rule 34.32(1)
New text inserted in rule34.34(1)
New text inserted in rule 34.35(3)
Newtext inserted in rule 34.36A
New text added after rule34.36A
New text insertedin rule 34.38(1)
New text substituted in rule34.38(2)(c)
Newtext inserted in rule 34.38(3)
New textsubstituted in rule34.38(3)
New text substituted in rule 34.38(7)
New text substitutedin rule34.39(1)
New text substituted in rule34.39(2)
Newtext inserted in rule 34.39(4)
New textsubstituted in rule34.39(4)
New text substituted in rule34.39(5)
New text substituted in rule 34.40

Practice Directions

Practice Direction 5A
New textinserted in Table 2 in the entry relating to Form C69
Practice Direction 12G
New text added in thetable at paragraph 2.1 after the entry relating to ‘An adoptionpanel’
New text substituted in the table at paragraph3.1
Practice Direction 14E
New textinserted in the table at paragraph 1.3
Practice Direction 34A
Textomitted from the section ‘Applications under section 2 of the 1972 Act (rule34.14): Republic of Ireland’
New text inserted in thesection ‘Applications under section 2 of the 1972 Act (rule 34.14): HagueConvention Country’
Text omitted from the section‘Applications under section 2 of the 1972 Act (rule 34.14): United States ofAmerica’
New text substituted in the section‘Notification to the Lord Chancellor’
New textsubstituted in the section ‘certified copies of orders issued under rule34.39’
New text added after paragraph7.4
New text inserted in paragraph 9.1(a) in the section‘Part 1 of the 1972 Act modified rules’
Text omittedfrom paragraph 9.1(c)
New text inserted in Annex1

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