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# Notes to Accompany 1st Update, October 2007

## Introduction

All the amendments included in this update come into force on 1st October 2007.

The first update to the Family Procedure (Adoption) Rules introduces changes of terminology as a result of the Mental Capacity Act 2005 (“the 2005 Act”). It also contains amendments reflecting changes to the provisions concerning the communication of information relating to proceedings and an amendment to the application form for a placement order designed to reduce the risk of details of adoption proceedings relating to a sibling of a child who is the subject of a placement application from being disclosed inadvertently.

Part 2 is amended to incorporate in the interpretation rule a reference to the 2005 Act and definitions of terms that shall have the meaning as given in that Act.

Parts 5, 6 and 7 contain amendments to reflect changes in terminology as a result of the 2005 Act.

Practice Directions supplementing Parts 2 rule 7(1)(c)(ii)(bb); Part 4, rule 17; Part 7 and Part 19 contain amendments to reflect changes in terminology as a result of the 2005 Act.

Practice Direction supplementing Part 8, rule 78(1)(b) contains an amendment to permit a party to communicate information about proceedings to the Secretary of State, a McKenzie Friend, a lay adviser or an appeal tribunal dealing with an appeal made under section 20 of the Child Support Act 1991 for the purposes of making or responding to an appeal under section 20 of the Child Support Act or the determination of such an appeal. This matches provisions made in respect of other family proceedings contained in the Family Proceedings (Amendment) (No.2) Rules 2007 and the Family Proceedings Courts (Miscellaneous Amendments) Rules 2007.

Form A50 (application for a placement order) contains an amendment to the wording of the form so as to reduce the risk of details of adoption proceedings relating to a sibling of a child who is the subject of a placement application from being disclosed inadvertently.

Forms FP1A (Application under Part 10 -notes for applicant), FP6 (Certificate of service) and FP9 (Certificate of suitability of litigation friend) contain amendments to reflect changes in terminology as a result of the 2005 Act.

A full list of the changes is set out below

## Rules

Part 2
  Rule 6(1), definition of “patient” deleted.
  Rule 6(1), definitions of “the 2005 Act”, “deputy”, “enduring power of attorney”, “lasting power of attorney” and “protected party” inserted.

Part 5
  Rule 26(1)(d), new text substituted.

Part 6
  Contents of Part, reference to “patient” substituted.
  Rule 37, each reference to “patient” substituted.
  Rule 37(1), fifth row of third column, new text substituted.

Part 7
  Contents of Part, reference to “patient” substituted.
  Rule 49(1)(a), reference to “patients” substituted.
  Rule 50(2), reference to “patient” substituted.
  Rule 52, each reference to “patient” substituted.
  Rule 52(3), “a party becomes a patient” deleted and after “during proceedings” new text inserted.
  Rule 53 title, reference to “patient” substituted.
  Rule 53, each reference to “patient” substituted.
  Rule 53(2), new text substituted.
  Rule 53(3), new text substituted.
  Rule 54(2), new text substituted and after “order” new text inserted.
  Rule 54(4), reference to “patient” substituted and in (a) new text substituted.
  Rule 55(5), reference to “patient” substituted.
  Rule 57(2), each reference to “patient” substituted.
  Rule 58, each reference to “patient” substituted.
  Rule 58(4), reference to “patient’s” substituted.

## Practice Directions

Practice Direction Part 2
  Rule 7(1)(c)(ii)(bb). In column 2 of table 1 in paragraph 1.2 in the entries for rule 37(4) and 57(2) new text substituted.

Practice Direction Part 4
  Rule 17. Forms substituted for A50, FP1A, FP6 and FP9.

Practice Direction Part 7
  New text substituted at paragraph 1.1, 1.2 and 1.3.
  New text substituted at paragraph 2.1, 2.2, 2.3(1), 2.3(2), 2.3(2)(b), (c), (d) and (e), 2.5(1), 2.5(2) and 2.7.
  New text substituted at paragraph 3.3(2), 3.4(2), 3.4(3) and 3.4(4).
  New text substituted at paragraph 5.1(1), 5.1(2), 5.2, 5.4, 5.5(1) and 5.5(2).

Practice Direction Part 8
  Rule 78(1)(b). Table in paragraph 1.3, after entry relating to communication of information from a party to a health care professional or a person or body providing counselling services for children or families, new text inserted.
  New text inserted at paragraph 1.5 after the definition of “accreditation body”.

Practice Direction Part 19
  New text substituted at paragraphs 10.1 and 10.2.
  New text substituted at paragraph 11.

## Forms

New versions of Forms A50, FP1A, FP6 and FP9 are introduced.

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