This Practice Direction supplements FPR Part 36, rule 36.2 (Transitional Arrangements and Pilot Schemes).

CHAPTER 1: INTRODUCTORY PROVISIONS

Scope and interpretation

1.1  This Practice Direction is made under rule 36.2 FPR and sets up a Pilot Scheme to allow for certain applications and certain stages in the proceedings relating to those applications to proceed via an online system.

1.2  The Pilot Scheme applies to applications where all of the following conditions are met:

(a) the application is for-

(i)  an order under section 8 of the 1989 Act;

(ii) permission to apply for an order under section 8 of the 1989 Act; or

(iii) an order under Part 4 of the 1996 Act;

(b) Omitted

(c) access by the party or their legal representative to the online system for making such applications is permitted;

(d) the application is to be started in the family court; and

(e) the application is filed in the period commencing 20 April 2022 and ending at the end of the day on 31 October 2023.

1.3       In this Practice Direction-

“HMCTS” means HM Courts and Tribunals Service; and

“online system” means the HMCTS’s online system to allow for certain applications and certain stages in the proceedings relating to those applications to proceed online.

Purpose of the Pilot Scheme

2.1  The initial purpose of this Pilot Scheme is to assess the use of new practices and procedures to allow, where the conditions specified in paragraph 1.2 are met,  for applications be created and submitted via an online system.

2.2  This Practice Direction has subsequently been, and may in future be, amended to allow for other stages in applications to be completed via the online system.

2.3 For the avoidance of doubt-

(a) HMCTS will determine who may have access to the online system (as per paragraph 1.2(c)). For example, it may be that initially access is only permitted to selected legal representatives or that, in time, access is permitted to a party’s legal representative who is registered in accordance with requirements specified by HMCTS;

(b)  it should not be assumed that an application of a type specified in paragraph 1.2(a), or any or all stages of such an application, will always be able to be dealt with on the online system. This is because HMCTS will be gradually rolling out the types of application that can be dealt with via the online system. There may also be times when the online system is not available, for example because of planned or unplanned down-time. HMCTS will indicate via the online system which applications can be dealt with on the online system at any point in time;

(c) it should be noted that Practice Direction 36G makes provision for a Pilot Scheme for generating an application for a section 8 order online (with the application then usually being filed by email). If a party or their legal representative does not have access to the online system referred to in this Practice Direction 36ZD, or has access but chooses not to use the online system, then they can instead access the online system referred to in Practice Direction 36G. An unrepresented party also has the option to make or respond to an application on paper rather than via either online system.

Modification of the FPR and Practice Directions during operation of the Pilot Scheme

3.1 During the operation of the Pilot Scheme the FPR and the Practice Directions supporting the FPR will apply-

(a) as modified by Chapter 2, to all cases falling within the Pilot Scheme;

(b) as modified by Chapter 3, to applications for an order under section 8 of the 1989 Act; and

(c) as modified by Chapter 4, to applications for an order under Part 4 of the 1996 Act.

CHAPTER 2: MODIFICATIONS APPLICABLE TO ALL CASES WITHIN THE PILOT SCHEME

Modification of Part 2 FPR

4.1 In rule 2.3(1) FPR, for the definition of “filing” substitute-

“ “filing” in relation to supplying a document or information, means-

(a)   delivering it, by post or otherwise, to the court office; or

(b)   where Practice Direction 36ZD applies, by-

(i) uploading the document on the online system referred in that Practice Direction; or

(ii) submitting the information via that online system;”

Modification of Part 5 FPR

5.1 For rule 5.1 FPR substitute:

“5.1  Where the Pilot Scheme referred to in Practice Direction 36ZD applies, the applicant must:

(a) complete all relevant sections of the application process set out in the online system;

(b) submit the completed application via the online system;

(c) provide all the information, including any additional documents, that the online system or the court requires, in the manner specified by the online system or required by the court.”.

5.2  Omit rule 5.2 FPR.

5.3 After rule 5.2 FPR insert-

“Timing of receipt of applications

5.3  An application that is submitted via the online system in accordance with rule 5.1 is lodged with the court on the date and at the time that HMCTS software records the application as received, provided that the application is subsequently issued by the court.

Timing of receipt of documents other than applications

5.3A  A document, other than an application, that is submitted via the online system is filed with or otherwise received by the court on the date and at the time that HMCTS software records the document as received.”.

Modification of Part 17 FPR

6.1  In rule 17.2(6) FPR for “The statement of truth” substitute “Subject to paragraph (6A), the statement of truth”.

6.2  After rule 17.2(6) FPR insert:

“(6A) Where a statement of truth is included in an application to which the Pilot Scheme referred to in Practice Direction 36ZD applies –

(a)the applicant must file with the court an application which includes the name of the person who the online system requires to sign a statement of truth printed underneath the statement of truth; and

(b)the court may require the applicant to produce a copy of the application containing the signature of the person referred to in sub-paragraph (a) at a later date.”

Modification of Part 29 FPR

6A.1 After rule 29.13(1) insert-

“(1A) Where the Pilot Scheme referred to in Practice Direction 36ZD applies, service under paragraph (1) or otherwise may be effected by the court sending each party an email, to the address given for service in accordance with Practice Direction 6A, containing a weblink from which the judgment or order may be accessed and downloaded.

(1B) Paragraph (1A) is subject to the court directing that service be effected by another means.

(1C) Where service under paragraph (1) or (1A) is effected by email on an unrepresented party, a letter confirming such service may be sent by the court to the postal address of the person being served, by first class post or other service which provides for delivery on the next business day.

Modification of Practice Direction 6A

6B.1 After paragraph 4.1 insert-

“4.1A   Paragraphs 4.2 to 4.6 also apply where-

(a) the Pilot Scheme referred to in Practice Direction 36ZD applies; and

(b) service of a judgment or order by the court is to be effected in accordance with rule 29.13(1A), as inserted by Practice Direction 36ZD.

4.1B     Where paragraph 4.1A applies, references in paragraphs 4.2 to 4.5 to service of a document by email include service of a judgment or order by the court sending by email a weblink from which the judgment or order may be accessed and downloaded.

6B.2 In paragraph 4.2(b)-

(a) in paragraph (iii) for “; or” substitute “;”;

(b) in paragraph (iv) for the full-stop substitute “; or”; and

(c) after paragraph (iv) insert-

“(v) confirmation given, by the party to be served, within the online system referred to in Practice Direction 36ZD that that party is willing to accept service by email and stating the email address for such service;

(vi) a legal representative having registered on MyHMCTS (being the online case management tool managed by HM Courts and Tribunals Service).”.

6B.3 After paragraph 4.6 insert-

“Service by a party where the Pilot Scheme referred to in Practice Direction 36ZD applies

4A.1     Paragraph 4A.2 applies where-

(a) the Pilot Scheme referred to in Practice Direction 36ZD applies; and

(b) a party is required to effect service of a document on another party.

4A.2     Where this paragraph applies-

(a) paragraphs 4.2 to 4.6 apply; and

(b) service of a document by a party may be effected by-

(i) the party filing the document to be served on the online system referred to in Practice Direction 36ZD; and

(ii) the court then sending each party to be served an email, to the address given for service in accordance with this Practice Direction 6A, which-

(aa) contains a weblink to the online system, from which the document may be accessed and downloaded; or

(bb) attaches the document to be served.

4A.3     Where a document is served by email in accordance with paragraph 4A.2 on an unrepresented party, a letter confirming such service may be sent by the court to the postal address of the party being served, by first class post or other service which provides for delivery on the next business day."

Modification of FPR Practice Direction 17A

7.1 In the heading to paragraph 3.1 and in paragraphs 3.1, 3.7, 3.8 and 3.10 references to “sign”, “signs”, “signing” and “signed” are to be read as references to the name of the person being, or having been, printed under the statement of truth included in an application to which the Pilot Scheme referred to in Practice Direction 36ZD applies.

7.2  For paragraph 4.1 substitute-

“4.1   Where an application (being an application to which the Pilot Scheme referred to in Practice Direction 36ZD applies) contains a statement of truth with the printed name of a person who is unable to read or sign the document, the application must be accompanied by a certificate made by an authorised person.”

7.3 In paragraph 4.3-

(a) for sub-paragraph (a) substitute-

“(a) that the content of the application generated by the online system has been read to the person before completion of the statement of truth required by the online system;”; and

(b) for sub-paragraph (e) substitute-

“(e) that that person confirmed in the presence of the authorised person that it was their belief that the contents of the application were true.”.

7.4  For the Annex substitute-

“Certificate to be used where a person is unable to read or sign an application to which the Pilot Scheme referred to in Practice Direction 36ZD applies.

I certify that I [name and address of authorised person’ have read the contents of the application and the statement of truth to the person whose name is printed under the statement of truth in the application, who appeared to understand (a) the application and approved its contents as accurate and (b) the statement of truth and the consequences of making a false statement, and orally confirmed that this was the case in my presence.”.

CHAPTER 3: MODIFICATIONS APPLICABLE TO APPLICATIONS FOR AN ORDER UNDER SECTION 8 OF THE 1989 ACT

Modification of Part 3 FPR

8.1  For rule 3.7 substitute-

“3.7      An application to initiate any of the proceedings specified in Rule 3.8 must either-

(a) be accompanied by a form (uploaded to the online system) which includes confirmation from an authorised family mediator that –

(i) the prospective applicant has attended a MIAM; or

(ii) a mediator’s exemption applies; or

(b) contain a claim by the prospective applicant that one of the MIAM exemptions applies.

(A list of MIAM exemptions is set out in Rule 3.8(1) below. A list of mediator's exemptions is set out in Rule 3.8(2) below.)”.

Modification of FPR Practice Direction 3A

9.1 For paragraph 6 substitute-

“6 When making certain kinds of applications (see paragraphs 12 and 13 below), an applicant must therefore either-

(a) provide on a separate form uploaded to the online system confirmation from a mediator that-

(i) the applicant has attended a MIAM; or

(ii) a 'mediator's exemption' applies; or

(b) include in the application a claim that a MIAM exemption applies.

An applicant who claims an exemption from the MIAM requirement is not required to attach any supporting evidence with their application, but should bring any supporting evidence to the first hearing.”.

9.2 Omit paragraphs 14 to 16.

9.3 In paragraph 18, for “on the relevant form” substitute “in the relevant section of the online system.”

9.4 In paragraph 34, omit the words after “MIAM exemption” and substitute “and signed confirmation should then be returned to the applicant.”

Modification of FPR Practice Direction 12B

10.1 For paragraph 8.2 substitute-

“8.2      Where the pilot scheme referred to in Practice Direction 36ZD applies, the application for a section 8 order must be created and submitted on the online system referred to in Practice Direction 36ZD. For the purposes of that pilot scheme, references in this Practice Direction to forms “C100”, “C7” or “C1A” are to be read as including the versions of those forms generated by the online system.”

10.2 In paragraph 8.3 for “on the form C100” substitute “on the application submitted on the online system referred to in Practice Direction 36ZD”.

10.3 In paragraph 8.4-

(a) for “the form C100” substitute “application”; and

(b) in sub-paragraph (3) for “in the form” substitute “on a form uploaded to the online system by the applicant”.

10.4 Omit paragraph 8.5.

10.5 In paragraph 8.6 for “attached to the Form C100” substitute “uploaded to the online system”.

10.6     After paragraph 8.12 insert-

“8.13    Where a party has agreed to the court sending documents to them by email, the documents referred to in paragraph 8.7, 8.8 or 8.12 may be sent or served by the court sending an email to the party, to the email address given for service in accordance with Practice Direction 6A, which-

(a) contains a weblink to the online system, from which the document may be accessed and downloaded; or

(b) attaches the document to be served.

8.14 Where-

(a) paragraph 8.13 applies; and

(b) the person on whom the documents are being served, or to whom the documents are being sent, is unrepresented,

a letter confirming that such an email has been sent may be sent by the court to the postal address of the person to whom the email was sent, by first class post or other service which provides for delivery on the next business day.".

10.7 In paragraph 8.11, at the end insert-

“The respondent(s) may send the forms to the court by post or by uploading them to the online system.”

10.8 In paragraph 12.5 omit the words from after “safeguarding checks” to the end of the paragraph.

10.9     In the Annex (Explanation of Terms), in the row relating to the term “File”, in the second column after “court office” insert-

“or, where Practice Direction 36ZD applies, by-

(i) uploading the document on the online system referred in that Practice Direction; or

(ii) submitting the information via that online system.”

Modification of FPR Practice Direction 12B (Pilot), annexed to Practice Direction 36Z

11.1 For paragraph 8.2 substitute-

“8.2   Where the pilot scheme referred to in Practice Direction 36ZD applies, the application must be created and submitted on the online system referred to in Practice Direction 36ZD. For the purposes of that pilot scheme, references in this Practice Direction to forms “C100”, “C7”, “C8” or “C1A” are to be read as including the versions of those forms generated by the online system.”

11.2 Omitted

11.3 In paragraph 8.4 for “form C100” substitute “the application”.

11.4 Omit paragraph 8.5.

11.5 In paragraph 8.6 for “attached to the Form C100” substitute “uploaded to the online system”.

11.6 Omitted

11.7 In paragraph 8.8-

(a) in sub-paragraph (a) for “being made on a form C100” substitute “for an order under section 8 of the 1989 Act which is created and submitted on the online system referred to in Practice Direction 36ZD”; and

11.8 In paragraph 8.9-

(a) in sub-paragraph (a) for “being made on a form C100” substitute “for an order under section 8 of the 1989 Act which is created and submitted on the online system referred to in Practice Direction 36ZD”; and

11.9 In paragraph 8.12 at the end insert-

“The respondent(s) may send the forms to the court by post or by uploading them to the online system.”

11.10 After paragraph 8.13 insert-

“8.14    Where a party has agreed to the court sending documents to them by email, the documents referred to in paragraph 8.8, 8.8 or 8.13 may be sent or served by the court sending an email to the party, to the email address given for service in accordance with Practice Direction 6A, which-

(a) contains a weblink to the online system, from which the document may be accessed and downloaded; or

(b) attaches the document to be served.

8.15     Where-

(a) paragraph 8.14 applies; and

(b) the person on whom the documents are being served, or to whom the documents are being sent, is unrepresented,

a letter confirming that such an email has been sent may be sent by the court to the postal address of the person to whom the email was sent, by first class post or other service which provides for delivery on the next business day.”.

11.11 In paragraph 10.6 omit the words from after “safeguarding checks” to the end of the paragraph.

11.12   In the Annex (Explanation of Terms), in the row relating to the term “File”, in the second column after “court office” insert-

“or, where Practice Direction 36ZD applies, by-

(i) uploading the document on the online system referred in that Practice Direction; or

(ii) submitting the information via that online system.”

CHAPTER 4: MODIFICATIONS APPLICABLE TO APPLICATIONS FOR AN ORDER UNDER PART 4 OF THE 1996 ACT

12.1 In rule 10.2(1) after “statement” inserted “which must be uploaded to the online system referred to in Practice Direction 36ZD”.