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