PRACTICE DIRECTION 36U – PILOT PROVISION: SERVICE AND NOTIFICATION OF APPLICATIONS AND ORDERS UNDER PART 4 OF THE FAMILY LAW ACT 1996
This practice direction supplements rule 36.2 FPR (transitional arrangements and pilot schemes).
1.1 This practice direction is made under rule 36.2 FPR. It is intended to assess modifications to Part 10 FPR in relation to methods of serving applications and orders made under Part 4 of the 1996 Act. It also makes a minor modification to rule 10.10 FPR which deals with notification of such orders to the police.
1.2 This practice direction expires at the end of the day on 30 September 2021.
1.4 While this practice direction is in force, the FPR apply as modified by paragraphs 1.7 to 1.10.
1.5 This practice direction applies to all applications and orders made under Part 4 of the 1996 Act, whether made before or after this practice direction comes into force.
1.6 Nothing in this practice direction affects any power to order alternative service, or dispense with service, of orders and applications made under Part 4 of the 1996 Act that may exist under the FPR as they apply prior to the coming into force of this practice direction.
Modifications of Part 10 FPR
1.7 In rule 10.3(1) after “must” insert “, subject to any order made under rule 6.35 or 6.36,”.
1.8 Omit the words in brackets after rule 10.3(4).
1.9 In rule 10.6(1) for “The applicant” substitute “Subject to any order made under rule 6.35 or 6.36, the applicant”.
1.10 In rule 10.10(3)(b) for “the order was served following a request under rule 10.6(2)” substitute “rule 10.6(2) applies”.