PART 2 - APPLICATION AND INTERPRETATION OF THE RULES

Part 2 APPLICATION AND INTERPRETATION OF THE RULES

Contents of this Part
Title	Number
Application of these Rules	Rule 2.1
The glossary	Rule 2.2
Interpretation	Rule 2.3
Modification of rules in application to serial numbersetc.	Rule 2.4
Power to perform functions conferred on the court bythese rules and practice directions	Rule 2.5
Powers of the single justice to perform functions underthe 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act2006	Rule 2.6
Single justice's power to refer to a magistrates'court	Rule 2.7
Court's discretion as to where it deals withcases	Rule 2.8
Computation of time	Rule 2.9
Dates for compliance to be calendar dates and to includetime of day	Rule 2.10

Application of these Rules

2.1

(1) Unless the context otherwise requires,these rules apply to family proceedings in –

(a) the High Court;

(b) a county court; and

(2) Nothing in these rules is to beconstrued as –

(a) purporting to apply toproceedings in a magistrates' court which are not family proceedings within themeaning of section 65 of the Magistrates' Courts Act 1980¹ or

(b) conferring upon a magistrate afunction which a magistrate is not permitted by statute toperform.

The glossary

2.2

(1) The glossary at the end of these rulesis a guide to the meaning of certain legal expressions used in the rules, butis not to be taken as giving those expressions any meaning in the rules whichthey do not have in the law generally.

(2) Subject to paragraph (3), words inthese rules which are included in the glossary are followed by‘^GL’.

(3) The word ‘service’, which appearsfrequently in the rules, is included in the glossary but is not followed by‘^GL’.

Interpretation

2.3

(1) In these rules –

‘the 1958 Act’ means the Maintenance Orders Act1958²;

‘the 1973 Act’ means the Matrimonial Causes Act1973³;

‘the1978 Act’ means the Domestic Proceedings and Magistrates' Courts Act1978⁴;

‘the1980 Hague Convention’ means the Convention on the Civil Aspects ofInternational Child Abduction which was signed at The Hague on 25 October1980;

‘the 1984 Act’ means theMatrimonial and Family Proceedings Act 1984⁵;

‘the 1986 Act’ means the Family Law Act1986⁶;

‘the1989 Act’ means the Children Act 1989;

‘the 1990 Act’ means the Human Fertilisation andEmbryology Act 1990⁷;

‘the 1991 Act’ means the Child Support Act1991⁸;

‘the1996 Act’ means the Family Law Act 1996⁹;

‘the 1996 Hague Convention’ means the Convention onJurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation inRespect of Parental Responsibility and Measures for the Protection ofChildren;

‘the 2002 Act’ meansthe Adoption and Children Act 2002;

‘the 2004 Act’ means the Civil Partnership Act2004;

‘the 2005 Act’ means theMental Capacity Act 2005¹⁰;

‘the 2007 Hague Convention’ means the Convention onthe International Recovery of Child Support and other forms of FamilyMaintenance done at The Hague on 23 November 2007¹¹;

‘the 2008Act’ means the Human Fertilisation and Embryology Act 2008¹²;

‘adoption proceedings’ means proceedings for anadoption order under the 2002 Act;

‘Allocation Order’ means any order made by the LordChancellor under Part 1 of Schedule 11 to the 1989 Act;

‘alternative dispute resolution’ means methods ofresolving a dispute, including mediation, other than through the normal courtprocess;

‘application form’ means a document inwhich the applicant states his intention to seek a court order other than inaccordance with the Part 18 procedure;

‘applicationnotice’ means a document in which the applicant states his intention to seeka court order in accordance with the Part 18 procedure;

‘Article 11 form’ means a form published by thePermanent Bureau of the Hague Conference under Article 11(4) of the 2007 HagueConvention for use in relation to an application under Article 10 of thatConvention, and includes a Financial Circumstances Form as defined in rule9.3(1) which accompanies such an application;

‘Assembly’means the National Assembly for Wales;

‘bank holiday’ means a bank holiday under theBanking and Financial Dealings Act 1971¹³ –

(a) for the purpose of service of adocument within the United Kingdom, in the part of the United Kingdom whereservice is to take place; and

(b) for all other purposes, inEngland and Wales.

‘businessday’ means any day other than –

(a) a Saturday, Sunday, Christmas Dayor Good Friday; or

(b) a bank holiday;

‘careorder’ has the meaning assigned to it by section 31(11) of the 1989Act;

‘CCR’ means the CountyCourt Rules 1981, as they appear in Schedule 2 to the CPR subjectto paragraph (4);

‘child’ means a person under the age of 18 yearswho is the subject of the proceedings; except that –

(a) in adoption proceedings, it alsoincludes a person who has attained the age of 18 years before the proceedingsare concluded; and

(b) in proceedings brought under theCouncil Regulation, the 1980 Hague Convention or the European Convention, itmeans a person under the age of 16 years who is the subject of theproceedings;

‘child ofthe family’ has the meaning given to it by section 105(1) of the 1989Act;

‘children and familyreporter’ means an officer of the Service or a Welsh family proceedingsofficer who has been asked to prepare a welfare report under section 7(1)(a) ofthe 1989¹⁴ Act or section102(3)(b) of the 2002 Act;

‘children's guardian’ means –

(a) in relation to a child who is thesubject of and a party to specified proceedings or proceedings to which Part 14applies, the person appointed in accordance with rule 16.3(1);and

(b) in any other case, the personappointed in accordance with rule 16.4;

‘civil partnership order’means one of the orders mentioned in section 37 of the 2004Act;

‘civil partnershipproceedings’ means proceedings for a civil partnershiporder;

‘civil partnershipproceedings county court’ means a county court so designated by the LordChancellor under section 36A of the 1984 Act¹⁵;

‘civil restraint order’ means an order restraininga party –

(a) from making any furtherapplications in current proceedings (a limited civil restraintorder);

(b) from making certain applicationsin specified courts (an extended civil restraint order); or

‘Commission’ means theChild Maintenance and Enforcement Commission;

‘consent order’ means an order in the terms appliedfor to which the respondent agrees;

‘contact order’ has the meaning assigned to it bysection 8(1) of the 1989 Act;

‘theCouncil Regulation’ means Council Regulation (EC) No 2201/2003 of 27 November2003 on jurisdiction and the recognition and enforcement of judgments inmatrimonial matters and in matters of parentalresponsibility;

‘court’ means, subject to any ruleor other enactment which provides otherwise, the High Court, a county court ora magistrates' court;

(rule 2.5 relates tothe power to perform functions of the court.)

‘court oftrial’ means –

(a) in proceedings under the 1973Act, a divorce county court designated by the Lord Chancellor as a court oftrial pursuant to section 33(1) of the 1984 Act¹⁶;or

(b) in proceedings under the 2004Act, a civil partnership proceedings county court designated by the LordChancellor as a court of trial pursuant to section 36A(1)(b) of the 1984 Act;and

in proceedingsunder the 1973 Act pending in a divorce county court or proceedings under the2004 Act pending in a civil partnership proceedings county court, the principalregistry is treated as a court of trial having its place of sitting at theRoyal Courts of Justice;

‘courtofficer’ means –

(a) in the High Court or in a countycourt, a member of court staff; and

(b) in a magistrates' court, thedesignated officer;

(‘designatedofficer’ is defined in section 37(1) of the Courts Act2003.)

‘CPR’ means the CivilProcedure Rules 1998;

‘deputy’ has the meaninggiven in section 16(2)(b) of the 2005 Act;

‘designated county court’ means a court designatedas –

(a) a divorce countycourt;

(b) a civil partnership proceedingscounty court; or

‘detailedassessment proceedings’ means the procedure by which the amount of costs isdecided in accordance with Part 47 of theCPR;

‘directions appointment’ means a hearing fordirections;

‘district judge’ –

(a) in relation to proceedings in theHigh Court, includes a district judge of the principal registry and in relationto proceedings in a county court, includes a district judge of the principalregistry when the principal registry is treated as if it were a countycourt;

(b) in relation to proceedings in adistrict registry or a county court, means the district judge or one of thedistrict judges of that registry or county court, as the case maybe;

‘district registry’ means–

(a) in proceedings under the 1973Act, any district registry having a divorce county court within itsdistrict;

(b) in proceedings under the 2004Act, any district registry having a civil partnership proceedings county courtwithin its district; and

‘divorcecounty court’ means a county court so designated by the Lord Chancellorpursuant to section 33(1) of the 1984 Act, including the principal registrywhen it is treated as a divorce county court;

‘the European Convention’ means the EuropeanConvention on Recognition and Enforcement of Decisions concerning Custody ofChildren and on the Restoration of Custody of Children which was signed inLuxembourg on 20 May 1980;

‘filing’, in relationto a document, means delivering it, by post or otherwise, to the courtoffice;

‘financial order’ means–

(a) an avoidance of dispositionorder;

(b) an order for maintenance pendingsuit;

(d) an order for periodical paymentsor lump sum provision as mentioned in section 21(1) of the 1973 Act¹⁷, except an order under section 27(6) ofthat Act¹⁸;

(e) an order for periodical paymentsor lump sum provision as mentioned in paragraph 2(1) of Schedule 5 to the 2004Act, made under Part 1 of Schedule 5 to that Act;

(f) a property adjustmentorder;

(g) a variation order;

(h) a pension sharing order;or

(i) a pension compensation sharingorder;

(‘variation order’,‘pension compensation sharing order’ and ‘pension sharing order’ aredefined in rule 9.3.)

‘financialremedy’ means –

(a) a financial order;

(b) an order under Schedule 1 to the1989 Act;

(c) an order under Part 3 of the 1984Act except an applicationunder section 13 of the 1984 Act for permission to apply for a financial remedy;

(d) an order under Schedule 7 to the2004 Act except an applicationunder paragraph 4 of Schedule 7 to the 2004 Act for permission to apply for anorder under paragraph 9 or 13 of that Schedule;

(e) an order under section 27 of the1973 Act;

(f) an order under Part 9 of Schedule5 to the 2004 Act;

(g) an order under section 35 of the1973 Act¹⁹;

(h) an order under paragraph 69 ofSchedule 5 to the 2004 Act;

(i) an order under Part 1 of the 1978Act;

(j) an order under Schedule 6 to the2004 Act;

(k) an order under section 10(2) ofthe 1973 Act²⁰;or

(l) an order under section 48(2) ofthe 2004 Act;

‘hearing’ includes adirections appointment;

‘hearsay’ means a statement made, otherwise than bya person while giving oral evidence in proceedings, which is tendered asevidence of the matters stated, and references to hearsay include hearsay ofwhatever degree;

‘inherent jurisdiction’ means theHigh Court's power to make any order or determine any issue in respect of achild, including in wardship proceedings, where it would be just and equitableto do so unless restricted by legislation or case law;

(Practice Direction12D (Inherent Jurisdiction (including Wardship Proceedings)) provides examplesof inherent jurisdiction proceedings.)

‘judge’, in the High Courtor a county court, means, unless the context requires otherwise, a judge,district judge or a person authorised to act as such;

‘jurisdiction’ means, unless the context requiresotherwise, England and Wales and any part of the territorial waters of theUnited Kingdom adjoining England andWales;

‘justices' clerk’ has the meaning assignedto it by section 27(1) of the Courts Act 2003²¹;

‘legal representative’ means a –

(a) barrister;

(b) solicitor;

(d) manager of a body recognisedunder section 9 of the Administration of Justice Act 1985²²; or

(e) person who, for the purposes ofthe Legal Services Act 2007²³,is an authorised person in relation to an activity which constitutes theconduct of litigation (within the meaning of the Act),

who has beeninstructed to act for a party in relation toproceedings;

‘litigation friend’ hasthe meaning given –

(a) in relation to a protected party,by Part 15; and

(b) in relation to a child, by Part16;

‘the Maintenance Regulation’ means CouncilRegulation (EC) No 4/2009²⁴ of18th December 2008 on jurisdiction, applicable law, recognition and enforcementof decisions and co-operation in matters relating to maintenance obligations,including as applied in relation to Denmark by virtue of theAgreement²⁵ made on 19thOctober 2005 between the European Community and the Kingdom ofDenmark;

‘matrimonial cause’ means proceedings for amatrimonial order;

‘matrimonial order’ means –

(a) a decree of divorce made undersection 1 of the 1973 Act²⁶;

(b) a decree of nullity made on oneof the grounds set out in sections 11 or 12 of the 1973 Act²⁷;

‘note’ includes a recordmade by mechanical means;

‘officerof the Service’ has the meaning given by section 11(3) of the CriminalJustice and Court Services Act 2000;

‘order’ includes directions of thecourt;

‘order for maintenance pending outcome ofproceedings’ means an order under paragraph 38 of Schedule 5 to the 2004Act;

‘order for maintenance pending suit’ means anorder under section 22 of the 1973 Act²⁹;

‘parental order proceedings’ has the meaningassigned to it by rule 13.1;

‘parental responsibility’ has the meaning assignedto it by section 3 of the 1989 Act;

‘placement proceedings’ means proceedings for themaking, varying or revoking of a placement order under the 2002Act;

‘principal registry’ means the principalregistry of the Family Division of the HighCourt;

‘proceedings’ means, unless the contextrequires otherwise, family proceedings as defined in section 75(3) of theCourts Act 2003;

‘professionalacting in furtherance of the protection of children’ includes –

(a) an officer of a local authorityexercising child protection functions;

(b) a police officer who is–

(i) exercising powers undersection 46 of the Act of 1989; or

(ii) serving in a childprotection unit or a paedophile unit of a police force;

(c) any professional person attendinga child protection conference or review in relation to a child who is thesubject of the proceedings to which the information regarding the proceedingsheld in private relates;

(d) an officer of the NationalSociety for the Prevention of Cruelty to Children; or

(e) a member or employee of theIndependent Safeguarding Authority, being the body established under section 1of the Safeguarding Vulnerable Groups Act 2006³⁰;

‘professionallegal adviser’ means a –

(a) barrister;

(b) solicitor;

(d) manager of a body recognisedunder section 9 of the Administration of Justice Act 1985; or

(e) person who, for the purposes ofthe Legal Services Act 2007, is an authorised person in relation to an activitywhich constitutes the conduct of litigation (within the meaning of thatAct),

who is providingadvice to a party but is not instructed to represent that party in theproceedings;

‘propertyadjustment order’ means –

(a) in proceedings under the 1973Act, any of the orders mentioned in section 21(2) of that Act;

(b) in proceedings under the 1984Act, an order under section 17(1)(a)(ii) of that Act;

(d) in proceedings under Schedule 7to the 2004 Act, an order for property adjustment under paragraph 9(2) or(3);

‘protected party’ means aparty, or an intended party, who lacks capacity (within the meaning of the 2005Act) to conduct proceedings;

‘reporting officer’ means an officer of the Serviceor a Welsh family proceedings officer appointed to witness the documents whichsignify a parent's or guardian's consent to the placing of the child foradoption or to the making of an adoption order or a section 84order;

‘risk assessment’ has themeaning assigned to it by section 16A(3) of the 1989Act;

‘Royal Courts of Justice’, in relation tomatrimonial proceedings pending in a divorce county court or civil partnershipproceedings pending in a civil partnership proceedings county court, means suchplace as may be specified in directions given by the Lord Chancellor pursuantto section 42(2)(a)³¹ of the1984 Act;

‘RSC’ means the Rulesof the Supreme Court 1965 as they appear in Schedule 1 to the CPR subjectto paragraph (4);

‘section8 order’ has the meaning assigned to it by section 8(2) of the 1989Act;

‘section 84 order’ means an order made by theHigh Court under section 84 of the 2002 Act giving parental responsibilityprior to adoption abroad;

‘section 89 order’ meansan order made by the High Court under section 89 of the 2002 Act –

(a) annulling a Convention adoptionor Convention adoption order;

(b) providing for an overseasadoption or determination under section 91 of the 2002 Act to cease to bevalid; or

(c) deciding the extent, if any, towhich a determination under section 91 of the 2002 Act has been affected by asubsequent determination under that section;

‘Service’ has the meaninggiven by section 11 of the Criminal Justice and Court Services Act2000;

‘the Service Regulation’ means Regulation(EC) No. 1393/2007 of the European Parliament and of the Council of 13 November2007 on the service in the Member States of judicial and extrajudicialdocuments in civil or commercial matters (service of documents), and repealingCouncil Regulation (EC) No. 1348/2000, as amended from time to time and asapplied by the Agreement made on 19 October 2005 between the European Communityand the Kingdom of Denmark on the service of judicial and extrajudicialdocuments in civil and commercialmatters;

‘specified proceedings’ has the meaningassigned to it by section 41(6) of the 1989 Act and rule12.27;

‘welfare officer’ means aperson who has been asked to prepare a report under section 7(1)(b) of the 1989Act³²;

‘Welshfamily proceedings officer’ has the meaning given by section 35(4) of theChildren Act 2004.

(2) In these rules a reference to–

(a) an application for a matrimonialorder or a civil partnership order is to be read as a reference to a petitionfor –

(i) a matrimonialorder;

(ii) a decree of presumption ofdeath and dissolution of marriage made under section 19 of the 1973Act³³; or

(iii) a civil partnershiporder,

and includes a petition by arespondent asking for such an order;

(b) ‘financial order’ inmatrimonial proceedings is to be read as a reference to ‘ancillaryrelief’;

(c) ‘matrimonial proceedings’ isto be read as a reference to a matrimonial cause or proceedings for anapplication for a decree of presumption of death and dissolution of marriagemade under section 19 of the 1973 Act.

(3) Subjectto paragraph (4), where theserules apply the CPR, they apply the CPR as amended from time totime.

(4) Where these Rules apply RSC Order 52and CCR Order 29, they apply those rules as they appeared in Schedule 1 andSchedule 2 to the CPR on 30 September 2012.

Modification of rules in application to serial numbersetc.

2.4

If a serial number has been assignedunder rule 14.2 or the name or other contact details of a party is not beingrevealed in accordance with rule 29.1 –

(a) any rule requiring any party toserve any document will not apply; and

(b) the court will give directionsabout serving any document on the other parties.

Power to perform functions conferred on the court bythese rules and practice directions

2.5

(1) Where these rules or a practicedirection provide for the court to perform any function then, except where anyrule or practice direction, any other enactment or any directions made by thePresident of the Family Division under section 9 of the Courts and LegalServices Act 1990³⁴, providesotherwise, that function may be performed –

(a) in relation to proceedings in theHigh Court or in a district registry, by any judge or district judge of thatCourt including a district judge of the principal registry;

(b) in relation to proceedings in acounty court, by any judge or district judge including a district judge of theprincipal registry when the principal registry is treated as if it were acounty court; and

(i) by any family proceedingscourt constituted in accordance with sections 66 and 67 of the Magistrates'Courts Act 1980³⁵;or

(ii) by a single justice of thepeace who is a member of the family panel in accordance with Practice Direction2A.

(The Justices' ClerksRules 2005 make provision for a justices' clerk or assistant clerk to carry outcertain functions of a single justice of thepeace.)

(2) A deputy High Court judge and adistrict judge, including a district judge of the principal registry, may nottry a claim for a declaration of incompatibility in accordance with section 4of the Human Rights Act 1998³⁶.

Powers of the single justice to perform functions underthe 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act2006

2.6

(1) A single justice who is a member of thefamily panel may perform the functions of a magistrates' court –

(a) where an application withoutnotice is made under sections 10, 44(1), 48(9), 50(4) and 102(1) of the 1989Act³⁷;

(b) subject to paragraph (2), undersections 11(3) or 38(1) of the 1989 Act;

(c) under sections 4(3)(b), 4A(3)(b),4ZA(6)(b), 7, 34(3)(b), 41, 44(9)(b) and (11)(b)(iii), 48(4), 91(15) or (17) orparagraph 11(4) of Schedule 14 of the 1989 Act;

(d) in accordance with the AllocationOrder;

(e) where an application withoutnotice is made under section 41(2) of the 2002 Act (recoveryorders);

(f) where an application withoutnotice is made for an occupation order or a non molestation order under Part 4of the 1996 Act; or

(g) where an application is made fora warrant under section 79 of the Childcare Act 2006;

(2) A single justice of the peace may makean order under section 11(3) or 38(1) of the 1989 Act where –

(a) a previous such order has beenmade in the same proceedings;

(b) the terms of the order sought arethe same as those of the last such order made; and

(i) the other parties and anychildren's guardian consent to the request and they or their legalrepresentatives have signed the request; or

(ii) at least one of the otherparties and any children's guardian consent to the request and they or theirlegal representatives have signed the request, and the remaining parties havenot indicated that they either consent to or oppose the making of theorder.

(3) The proceedings referred to inparagraph (1)(a), (c) and (d) are proceedings which are prescribed for thepurposes of section 93(2)(i) of the 1989 Act.

Single justice's power to refer to a magistrates'court

2.7

(a) is performing the function of amagistrates' court in accordance with rules 2.5(1)(c)(ii) and 2.6(1) and (2);and

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

the single justice must refer the matter toa magistrates' court which may perform the function.

Court's discretion as to where it deals withcases

2.8

The court may deal with a case at anyplace that it considers appropriate.

Computation of time

2.9

(1) This rule shows how to calculate anyperiod of time for doing any act which is specified –

(a) by these rules;

(b) by a practice direction;or

(2) A period of time expressed as a numberof days must be computed as clear days.

(3) In this rule ‘clear days’ meansthat in computing the numbers of days –

(a) the day on which the periodbegins; and

(b) if the end of the period isdefined by reference to an event, the day on which that eventoccurs,

are not included.

(4) Where the specified period is 7 days orless and includes a day which is not a business day, that day does notcount.

(5) When the period specified –

(a) by these rules or a practicedirection; or

(b) by any direction or order of thecourt,

for doing any act at the court office endson a day on which the office is closed, that act will be in time if done on thenext day on which the court office is open.

Dates for compliance to be calendar dates and to includetime of day

2.10

(1) Where the court makes an order orgives a direction which imposes a time limit for doing any act, the last datefor compliance must, wherever practicable –

(a) be expressed as a calendar date;and

(b) include the time of day by whichthe act must be done.

(2) Where the date by which an act must bedone is inserted in any document, the date must, wherever practicable, beexpressed as a calendar date.

(3) Where ‘month’ occurs in any order,direction or other document, it means a calendar month.

Footnotes

1. 1980 c.43.Return to footnote 1

2. 1958 c.39.Return to footnote 2

3. 1973 c.18.Return to footnote 3

4. 1978 c.22.Return to footnote 4

5. 1984 c.42.Return to footnote 5

6. 1986 c.55.Return to footnote 6

7. 1990 c.37.Return to footnote 7

8. 1991 c.48.Return to footnote 8

9. 1996 c.27Return to footnote 9

10. 2005 c.9.Return to footnote 10

11. O.J. No L 192, 22.7.2011, p.51-70.Return to footnote 11

12. 2008 c.22.Return to footnote 12

13. 1971 c.80.Return to footnote 13

14. Section 7(1)(a) was amended bysection 74 of and paragraphs 87 and 88(a) of Schedule 7 to the Criminal Justiceand Court Services Act 2000 (c.43) and section 40 of and paragraphs 5 and 6 ofSchedule 3 to the Children Act 2004.Return to footnote 14

15. Section 36A was amended byarticle 2 of and paragraphs 5, 6(1) and (2) of Schedule 1 to the LordChancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order2006 (S.I. 2006/1016).Return to footnote 15

16. Section 33(1) was amended bysection 15 of and paragraphs 171 and 172(1) and (2) of Schedule 4 to theConstitutional Reform Act 2005.Return to footnote 16

17. Section 21(1) was amended bysection 15 of and paragraph 2 of Schedule 2 to the Family Law Act 1996 asamended by the section 84(1) of and paragraphs 64 and 65(1) to (8) of Schedule12 to the Welfare Reform and Pensions Act 1999 (c.30).Return to footnote 17

18. Section 27(6) was amended bysection 63(3) of the Domestic Proceedings and Magistrates' Courts Act1978.Return to footnote 18

19. Section 35 was amended by section46(1) of and paragraph 13 of Schedule 1 to the Matrimonial and FamilyProceedings Act 1984 and section 261(1) of and paragraph 44 of Schedule 27 tothe Civil Partnership Act 2004 and section 66(1) of and paragraph 20 ofSchedule 8 to the Family Law Act 1996.Return to footnote 19

20. Section 10(2) has beenprospectively repealed with savings by section 66(3) of and Schedule 10 to theFamily Law Act 1996.Return to footnote 20

21. Section 27(1) was amended bysection 15(1) of and paragraphs 308 and 326(1) and (2) of Schedule 4 to theConstitutional Reform Act 2005.Return to footnote 21

22. 1985 c.61.Return to footnote 22

23. 2007 c.29.Return to footnote 23

24. OJ No. L7, 10.1.2009p.1-79.Return to footnote 24

25. OJ No. L 299, 16.11.2005p.61.Return to footnote 25

26. Section 1 has been prospectivelyrepealed by section 66(3) of and Schedule 10 to the Family Law Act1996.Return to footnote 26

27. Section 11 was amended by section2(4) of the Marriage Act 1983 (c.32) and section 6(4) of the Marriage(Prohibited Degrees of Relationship) Act 1986 (c.16) and section 261(1) of andparagraph 40 of Schedule 27 to the Civil Partnership Act 2004 and section 12was amended by section 148 of and paragraph 34 of Schedule 4 to the MentalHealth Act 1983 (c.20) and sections 4(4) and 11 of and paragraphs 1 and 2 ofSchedule 2 and paragraphs 4 and 5 of Schedule 4 to the Gender Recognition Act2004 (c.7).Return to footnote 27

28. Section 17 has been prospectivelyrepealed by section 66(3) of and Schedule 10 to the Family Law Act1996.Return to footnote 28

29. Section 22 has been prospectivelyrepealed by section 66(3) of and Schedule 10 to the Family Law Act1996.Return to footnote 29

30. 2006 c.47.Return to footnote 30

31. Section 42(2)(a) was amended bysection 15(1) of and paragraphs 171, 174(1) and (2) of Schedule 4 to theConstitutional Reform Act 2005.Return to footnote 31

32. Section 7(1)(b) was amended bysection 40 of and paragraphs 5 and 6 of Schedule 3 to the Children Act2004.Return to footnote 32

33. Section 19 was amended by section6(4) and 17(2) of and Schedule 6 to the Domicile and Matrimonial ProceedingsAct 1973 (c. 45) and subsection (4) has been prospectively repealed by section66(1) of and paragraph 7 of Schedule 8 to the Family Law Act1996.Return to footnote 33

34. 1990 c.41. Section 9 was amendedby section 15(1) of and paragraphs 211 and 213 of Schedule 4 to theConstitutional Reform Act 2005.Return to footnote 34

35. Section 66 was substituted bysection 78(2) of and paragraphs 26 and 27 of Schedule 11 to the Access toJustice Act 1999 (c.22) and section 109(1) of and paragraphs 215 of Schedule 8to the Courts Act 2003. Section 67 was substituted by section 49(1) of theCourts Act 2003 and amended by section 15(1) of and paragraphs 99, 101(1), (2),(3), (4) and (5) of the Constitutional Reform Act 2005.Return to footnote 35

36. 1998 c.42. Section 4 was amendedby section 40(4) of and paragraphs 66(1) and (2) of Schedule 9 to theConstitutional Reform Act 2005 and section 378(1) of and paragraph 156 ofSchedule 16 to the Armed Forces Act 2006 (c.52) and section 67(1) of andparagraph 43 of Schedule 6 to the Mental Capacity Act 2005.Return to footnote 36

37. Section 10 was amended by section139(1) of and paragraphs 54 and 56(a) (b) and (c) of Schedule 3 to the Adoptionand Children Act 2002 and section 77 of the Civil Partnership Act 2004 andsection 36 of the Children and Young Persons Act 2008 (c. 23).Return to footnote 37