Notes to Accompany 20th December 2012 5th Update

Coming into force

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

Introduction

Part 2 Application and Interpretation of the Rules

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

Part 5 Forms and Start of Proceedings

The effect of an amendment to rule 5.1 is that the form of application under Article 11 of the 2007 Hague Convention may not be varied. An amendment to rule 5.3 makes provision for deeming an application under article 56 of the Maintenance Regulation or article 10 of the 2007 Hague Convention to have been made by virtue of making the application for establishment or modification of a maintenance decision for forwarding by the Lord Chancellor on the applicant's behalf.

PD5A Forms

An amendment is made to the title of Form C69.

Part 9 Proceedings for a Financial Remedy

The rules on service of documents are varied for the purposes of applications for establishment or modification of maintenance under the 2007 Hague Convention. The requirement for a financial statement to be verified by a statement of truth does not apply to applications under article 56 of the Maintenance Regulation or article 10 of the 2007 Hague Convention.

PD 12G Communication of Information and PD14E Communication of Information

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

Part 17 Statements of Truth

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

Part 20 (Interim Remedies and Security for Costs)

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

Part 22 (Evidence)

An amendment is made consequential upon the amendments to Part 17.

Part 34 (Reciprocal Enforcement of Maintenance Orders)

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

PD34A (Reciprocal Enforcement of Maintenance Orders)

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

Rules

Part 2
New text inserted after the definition of ‘the 2005 Act’ in rule 2.3(1)
New text inserted after the definition of ‘application notice’ in rule 2.3(1)
Part 5
New text inserted in rule 5.1(5)
New text added after rule 5.3(2)
Part 9
New text inserted in rule 9.3(1)
New text inserted in rule 9.3(3)
New text inserted in rule 9.12(4)
New text substituted in rule 9.14(2A)
New text substituted in rule 9.18(4)
New text inserted in rule 9.18(5)
New text substituted in rule 9.19(2A)
New text inserted in rule 9.26A(1)
New text inserted after rule 9.26A
Part 17
New text inserted in rule 17.1
New text inserted in rule 17.2(1)
New text substituted in rule 17.2(3)
New text added after rule 17.2(9)
Part 20
New text inserted in rule 20.7(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
New text substituted in rule 34.1(5)
New text inserted in rule 34.3
New text inserted in the heading to Part 34, Chapter 3
New text substituted in rule 34.28A(1)
New text inserted in the heading to Part 34, Chapter 3, Section 1
New text inserted in rule 34.29A
New text substituted in rule 34.29A
New text inserted in rule 34.30(2)
New text inserted in rule 34.30(6)
New text inserted in rule 34.30(9)
New text inserted in rule 34.31(1)
New text substituted in rule 34.32(1)
New text inserted in rule 34.32(1)
New text inserted in rule 34.34(1)
New text inserted in rule 34.35(3)
New text inserted in rule 34.36A
New text added after rule 34.36A
New text inserted in rule 34.38(1)
New text substituted in rule 34.38(2)(c)
New text inserted in rule 34.38(3)
New text substituted in rule 34.38(3)
New text substituted in rule 34.38(7)
New text substituted in rule 34.39(1)
New text substituted in rule 34.39(2)
New text inserted in rule 34.39(4)
New text substituted in rule 34.39(4)
New text substituted in rule 34.39(5)
New text substituted in rule 34.40

Practice Directions

Practice Direction 5A
New text inserted in Table 2 in the entry relating to Form C69
Practice Direction 12G
New text added in the table at paragraph 2.1 after the entry relating to ‘An adoption panel’
New text substituted in the table at paragraph 3.1
Practice Direction 14E
New text inserted in the table at paragraph 1.3
Practice Direction 34A
Text omitted from the section ‘Applications under section 2 of the 1972 Act (rule 34.14): Republic of Ireland’
New text inserted in the section ‘Applications under section 2 of the 1972 Act (rule 34.14): Hague Convention Country’
Text omitted from the section ‘Applications under section 2 of the 1972 Act (rule 34.14): United States of America’
New text substituted in the section ‘Notification to the Lord Chancellor’
New text substituted in the section ‘certified copies of orders issued under rule 34.39’
New text added after paragraph 7.4
New text inserted in paragraph 9.1(a) in the section ‘Part 1 of the 1972 Act modified rules’
Text omitted from paragraph 9.1(c)
New text inserted in Annex 1

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