The Family Proceedings (Amendment) Rules 1994

Made: 21st March 1994

Laid before Parliament: 21st March 1994

Coming into force: 11th April 1994

We, the authority having power under section 40(1) of the Matrimonial and Family Proceedings Act 1984[^f00001] to make rules of court for the purposes of family proceedings in the High Court and county courts, in the exercise of the powers conferred by the said section 40, and of all other powers enabling us in that behalf, hereby make the following Rules:—

1

These Rules may be cited as the Family Proceedings (Amendment) Rules 1994 and shall come into force on 11th April 1994.

2

Appendix 1 to the Family Proceedings Rules 1991[^f00002] shall be amended in accordance with the following provisions of these Rules.

3

The following amendments shall be made to Form CHA13 (Application for Financial Provision for Children)[^f00003]—

• (a) in the preliminary section, after “If you have ticked “periodical payments” or “secured periodical payments”” there shall be inserted “please tick here if there is a written agreement made before 5th April 1993 about maintenance for the benefit of the child below □. If not”;

• (b) for sections 5 and 6 there shall be substituted the provisions contained in the Schedule to these Rules.

4

In section 4(b) of Form CHA15 (Application for the Variation/Discharge of an Order for Financial Provision for Children)[^f00004], after “If yes, please give details” there shall be inserted “If the assessment has changed, indicate the original sum and the new sum payable”.

SCHEDULE

Signed

Mackay of Clashfern, C. — Stephen Brown, P. — Mathew Thorpe, J. — Anne Downey — Gerald Angel — James Holman — J. M. Appleby — David Salter — Sandra Andrew — Dated 21st March 1994

Explanatory note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Rules 1991. As a result of transitional provisions relating to the Child Support Act 1991 (c. 48), the courts retain jurisdiction, in certain circumstances, over written maintenance agreements for the benefit of children made before 5th April 1993. Form CHA13 is amended in order to elicit information concerning these agreements.

The Rules also revise Forms CHA13 and CHA15 to take into account the powers of the Child Support Agency, after 11th April 1994, to deal with the collection and enforcement of court orders for education and disability expenses and of orders above the Agency’s maximum assessment where the Agency is already collecting child maintenance on behalf of the applicant.

Footnotes

[^f00001]: 1984 c. 42. Section 40 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 50.

[^f00002]: S.I. 1991/1247, amended by S.I. 1991/2113, 1992/456 and 2067 and 1993/295.

[^f00003]: Form CHA13 was substituted by S.I. 1993/295.

[^f00004]: Form CHA15 was substituted by S.I. 1991/2113, and further amended by S.I. 1992/456 and 1993/295.