Legalize / United Kingdom / Statutory-Instrument

The Family Procedure (Adoption) (Amendment) Rules 2008

Type Statutory-Instrument

Publication 2008-09-16

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 16th September 2008

Laid before Parliament: 18th September 2008

Coming into force: 3rd November 2008

In accordance with section 79 of the Courts Act 2003² the Committee has consulted with persons it considered appropriate.

Citation and commencement

1

These Rules may be cited as the Family Procedure (Adoption) (Amendment) Rules 2008 and shall come into force on 3rd November 2008.

Amendment to the Family Procedure (Adoption) Rules 2005

2

(1) The Family Procedure (Adoption) Rules 2005³ shall be amended in accordance with this rule.

(2) In rule 55(1)(a), at the end insert “(if he consents)”.

(3) In rule 95, after paragraph (2) add—

(3) This rule does not apply to magistrates’ courts.

Signed

Duncan Adam — John Baker — Martyn Cook — Bruce Edgington — Angela Finnerty — Mike Hinchcliffe — Charles Hyde — Susan Jones — Clive Redley — David Salter — Nicholas Wall — Philip Waller

I allow these Rules

Michael Wills — Minister of State — Ministry of Justice — 16th September 2008

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Family Procedure (Adoption) Rules 2005 by amending—

(a) rule 55(1)(a) (power of the court to make an order appointing the Official Solicitor as litigation friend) so as to clarify that such an order may be made only if the Official Solicitor consents; and

(b) rule 95 (Power of the court to proceed in the absence of a party) by adding new paragraph (3) providing that rule 95 is not to apply to magistrates’ courts.

The amendments come into force on 3rd November 2008.

Footnotes

2003 c.39. Section 75 was amended by sections 15(1) and 146 of, and paragraphs 308 and 338 of Schedule 4 to, and Part 2 of Schedule 18 to, the Constitutional Reform Act 2005 (c.4).

Section 79 was amended by section 15(1) of, and paragraphs 308 and 341 of Schedule 4 to, the Constitutional Reform Act 2005.

SI 2005/2795. Rule 55 was amended by S.I. 2007/2189.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.