Family Proceedings PART 1 INTRODUCTORY Citation 1 This Order may be cited as the Family Procedure (Modification of Enactments) Order 2011 and will come into force on 6th April 2011 or, if later, on the day after the day on which it is made. PART 2 MODIFICATION OF TERMINOLOGY Terminology 2 1 For the purpose of this article— “civil partnership proceedings” means proceedings for a civil partnership order; and “civil partnership order” means one of the orders mentioned in section 37 of the Civil Partnership Act 2004 . 2 In the following provisions, any reference to “ancillary relief” is to be read as a reference to “financial order”— a section 49C of the Child Support Act 1991 (in so far as that section relates to civil partnership proceedings); and b Part 10 of Schedule 5 and Part 9 of Schedule 15 to the Civil Partnership Act 2004. 3 Unless the context otherwise requires, in any provision which relates to civil partnership proceedings in any enactment, any reference to “cause” or “causes” is to be read as a reference to “proceedings”. PART 3 AMENDMENTS TO PRIMARY LEGISLATION Amendment of the Courts Act 1971 3 In section 52 of the Courts Act 1971 , after subsection (3) insert— 3A Subsection (3) does not apply to family proceedings (within the meaning of section 65 of the Magistrates’ Courts Act 1980 ). Amendment of the Magistrates’ Courts Act 1980 4 The Magistrates’ Courts Act 1980 is amended as provided in articles 5 to 14. 5 In section 53 after subsection (3) insert— 4 Subsections (1) to (3) are subject, for the purposes of family proceedings in any magistrates’ court, to other provision made by Family Procedure Rules. . 6 In section 54— a for the heading, substitute “Adjournment and stays”; and b after subsection (2) insert— 3 In family proceedings a magistrates’ court may stay the whole or part of any proceedings or order either generally or until a specified date or event. 4 Subsections (1) and (2) are subject, for the purpose of family proceedings in any magistrates’ court, to other provision made by Family Procedure Rules. . 7 In section 55 after subsection (8) insert— 9 Subsections (1) to (8) are subject, for the purpose of family proceedings in any magistrates’ court, to other provision made by Family Procedure Rules. . 8 In section 56 for “Where” substitute “Subject to other provision made by Family Procedure Rules for the purposes of family proceedings in any magistrates’ court, where”. 9 In section 57 for “Where” substitute “Subject to other provision made by Family Procedure Rules for the purposes of family proceedings in any magistrates’ court, where.”. 10 In section 64 — a in subsection (1) omit “periodical payment of money, or for the revocation, revival or variation of such an order” and substitute “variation of an order for the periodic payment of money”; b after subsection (1) insert— 1A Subsection (1) does not apply to family proceedings. ; c in subsection (2) for “subsection (1) above” substitute “subsection (1) or (4A)”; and d after subsection (4) insert— 4A Subject to the provisions of any other enactment, the costs of and incidental to all family proceedings in any magistrates’ court (including those required to be issued by complaint and those relating to the making of a periodic payment order) shall be in the discretion of that court and that court shall have full power to determine by whom and to what extent costs are to be paid. . 11 After section 65 insert— Meaning of family procedure rules 65A In this Act, “ Family Procedure Rules ” means rules made under section 75 of the Courts Act 2003 . . 12 After section 68 insert— Power of the magistrates’ court to order disclosure of documents, inspection of property etc. in family proceedings 68A 1 On the application, in accordance with rules of court, of a party to any family proceedings, a magistrates’ court, in such circumstances as may be prescribed, has the power to order a person who is not a party to the proceedings and who appears to the court to be likely to have in his or her possession, custody or power any documents which are relevant to any issue arising out of the proceedings— a to disclose whether those documents are in that person’s possession, custody or power; and b to produce such of those documents as are in that person’s possession, custody or power to the applicant or, on such conditions as may be specified in the order,— i to the applicant’s legal advisers; or ii to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or iii if the applicant has no legal adviser, to any medical or other professional adviser of the applicant. 2 On the application, in accordance with rules of court, of a party to any family proceedings, a magistrates’ court, in such circumstances as may be prescribed, has the power to make an order providing for any one or more of the following— a the inspection, photographing, preservation, custody and detention of property which is not the property of, or in the possession of, any party to the proceedings but which is the subject matter of the proceedings or as to which any question arises in the proceedings; b the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property. 3 This section is without prejudice to the exercise by a magistrates’ court of any power to make orders which is exercisable apart from the provisions of this section. . 13 In section 97 , in subsections (1)(a) and (2) for “under the Adoption and Children Act 2002 (c 38) ” substitute “in family proceedings”. 14 In section 150 before the definition of “family proceedings” insert— Family Procedure Rules” has the meaning assigned by section 65A above; . Amendment of the Sexual Offences Act 2003 15 In section 21(12) of the Sexual Offences Act 2003 — a at the end of paragraph (b) omit “or”; b at the end of paragraph (c) insert “or”; and c after paragraph (c) insert— d is appointed to be the children’s guardian of B under rule 59 of the Family Procedure (Adoption) Rules 2005 ( S.I. 2005/2795 ) or rule 16.3(1)(ii) or rule 16.4 of the Family Procedure Rules 2010 ( S.I. 2010/2955 ), . PART 4 AMENDMENTS TO SECONDARY LEGISLATION Amendment of the Magistrates’ Courts Rules 1981 16 In the Magistrates’ Courts Rules 1981 in the heading to rule 3 and in rule 3— a for “and” substitute “,”; and b after “1991” the second time it appears, insert “and the Family Procedure Rules 2010 .”. Amendment of the Civil Procedure Rules 1998 17 The Civil Procedure Rules 1998 are amended as provided in articles 18 and 19. 18 In the table following rule 2.1(2)— a in entry 5 (Family proceedings), in the second column, omit the current words and substitute “Courts Act 2003, s.75”; and b in entry 6 (Adoption proceedings), in the second column— i omit “Adoption Act 1976, s.66 or”; and ii after “s.141” insert “or Courts Act 2003, s.75”. 19 In rule 57.15(2), for “the Family Proceedings Rules 1991 ”, substitute “the Family Procedure Rules 2010”. Amendment of the Data Protection (Subject Access Modification) (Health) Order 2000 20 In article 4(2) of the Data Protection (Subject Access Modification) (Health) Order 2000 — a after “1997” for “or” substitute “,”; and b after “1996” insert “or the Family Procedure Rules 2010”. Amendment of the Data Protection (Subject Access Modification) (Social Work) Order 2000 21 The Data Protection (Subject Access Modification) (Social Work) Order 2000 is amended as provided in articles 22 to 24. 22 In article 5(2)(a), for “(t) or (tt)” substitute “(t), (tt), (v) or (w)”. 23 In article 7(2), in section 7(12)(a) of the Data Protection Act 1998 as modified, for “(t) or (tt)” substitute “(t), (tt), (v) or (w)”. 24 In the Schedule— a after paragraph 1(u) insert— v data processed by any children’s guardian appointed under rule 16.3(1)(i) or rule 16.4 of the Family Procedure Rules 2010; w data processed by any officer of the Children and Family Court Advisory and Support Service or Welsh family proceedings officer for the purpose of the functions referred to in rule 16.33 (insofar as it applies to proceedings to which Part 12 of the Family Procedure Rules 2010 applies) or 16.38(1) of the Family Procedure Rules 2010. ; and b in paragraph 2— i after “1996” for “or” substitute “,”; and ii after “the Family Proceedings Rules 1991” insert “or the Family Procedure Rules 2010”. Amendment of the Data Protection (Miscellaneous Subject Access Exemptions) Order 2000 25 In Part II of the Schedule to the Data Protection (Miscellaneous Subject Access Exemptions) Order 2000 — a at the end of paragraph (a) insert— In the Family Procedure Rules 2010: rules 14.6, 14.11, 14.12, 14.13, 14.14, 14.24, 16.20 (insofar as it applies to a children’s guardian appointed in proceedings to which Part 14 of those Rules applies), 16.32 and 16.33 (insofar as it applies to a children and family reporter in proceedings to which Part 14 of those Rules applies). ; and b at the end of paragraph (c) insert— Rules made under section 75 of the Courts Act 2003 by virtue of section 141(1) of the Adoption and Children Act 2002 , as applied with modifications by regulation 2 of Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 , so far as the rules relate to the appointment and duties of the parental order reporter and the keeping of registers, custody, inspection and disclosure of documents and information relating to parental order proceedings or related proceedings. . Amendment of the Divorce etc (Pensions) Regulations 2000 26 The Divorce etc (Pensions) Regulations 2000 are amended as provided in articles 27 and 28. 27 In regulation 2(d), for “Family Proceedings Rules 1991” substitute “Family Procedure Rules 2010”. 28 In regulation 4(3)(c), 6(2)(a) and (4), 7(3) and 7A(3), for “rule 2.70” substitute “rule 9.33 or 9.34”. Amendment of the Litigants in Person (Costs and Expenses) (Magistrates’ Courts) Order 2001 29 In article 3 of the Litigants in Person (Costs and Expenses) (Magistrates’ Courts) Order 2001 , after “1980” insert “or under section 75 of the Courts Act 2003”. Amendment of the Dissolution etc (Pensions) Regulations 2005 30 The Dissolution etc (Pensions) Regulations 2005 are amended as provided in articles 31 and 32. 31 In regulation 2(e) for “Family Proceedings Rules 1991” substitute “Family Procedure Rules 2010”. 32 In regulations 4(3)(c), 6(2)(a) and (4), 7(3) and 7A(3), for “rule 2.70” substitute “rule 9.33 or 9.34”. Amendment of the Court of Protection Rules 2007 33 In rule 39 of the Court of Protection Rules 2007 — a in paragraph (1), for “The rules in Section 2 of Part 6 of the Family Procedure (Adoption) Rules 2005 (“the 2005 Rules ”)”, substitute “The rules in Chapter 4 of Part 6 of the Family Procedure Rules 2010 (“the 2010 Rules ”)”; and b in paragraphs (2) and (3), for “2005” substitute “2010”. Amendment of the Family Proceedings Fees Order 2008 34 The Family Proceedings Fees Order 2008 is amended as provided in articles 35 to 37. 35 For article 1(2)(b), substitute— b “the FPR 2010 ” means the Family Procedure Rules 2010; and c expressions also used in the FPR 2010 have the same meaning as in the FPR 2010. . 36 In column 1 of Schedule 1— a for the description of fee 1.1 substitute— On filing an application to start proceedings, where no other fee is specified. ; b for the description of fee 1.2 substitute— On presenting any application for— a a matrimonial or civil partnership order, other than an application to which rule 7.7(1)(b) of the FPR 2010 applies; b a declaration to which Chapter 5 of Part 8 of the FPR 2010 applies. ; c for the description of fee 1.4 substitute— On amending an application for a matrimonial or civil partnership order, amending an application for a declaration to which Chapter 5 of Part 8 of the FPR 2010 applies, or making an application to which rule 7.7(1)(b) of the FPR 2010 applies. ; d for the description of fee 1.5 substitute— On filing an answer to an application for a matrimonial or civil partnership order. ; e for the description of fee 4.2 substitute— On an application under rule 7.19 of the FPR 2010 for the court to consider the making of a decree nisi, a conditional order, a decree of judicial separation or a separation order (other than in an undefended case where no fee is payable). ; f for the description of fee 4.4 substitute— On the filing of— a a notice of intention to proceed with an application for a financial order to which rule 9.4(a) of the FPR 2010 applies; or b an application for a financial order to which rule 9.4(b) of the FPR 2010 applies, other than an application for a consent order. ; g in the description of fee 5.1, for “a notice of appeal” substitute “an appeal notice”; h in the description of fee 10.1, after “enforcement of a judgment” insert “, or on an application to which rule 33.3(2)(b) of the FPR 2010 applies”; and i in the description of fee 10.2, for “garnishee order” substitute “third party debt order”. 37 In paragraph 1(1) of Schedule 2, in the definition of “restraint order”— a in paragraph (a) omit “or”; b in paragraph (b), for “.” substitute “; or”; and c after paragraph (b) insert— c a civil restraint order under rule 4.8 of the FPR 2010 or the practice direction referred to in that rule. . Amendment of the Allocation and Transfer of Proceedings Order 2008 38 In article 15(1) of the Allocation and Transfer of Proceedings Order 2008 , omit sub-paragraph (h). PART 5 MISCELLANEOUS Transitional provision 39 Where, by virtue of Part 36 of the Family Procedure Rules 2010, the Family Procedure Rules 2010 do not apply to a particular case, the enactments referred to in articles 2 to 14, 17 to 19, 26 to 28 and 30 to 38 shall apply as if the amendments made to those enactments by this Order had not been made. Signed by authority of the Lord Chancellor J Djanogly Parliamentary Under Secretary of State Ministry of Justice 30th March 2011