The Family Procedure (Amendment) Rules 2016

Made: 10th March 2016

Laid before Parliament: 15th March 2016

Coming into force: 6th April 2016

The Family Procedure Rule Committee makes the following rules in exercise of the powers conferred by sections 6(3), 9(3) and 14(4) of the Attachment of Earnings Act 1971[^f00001] and sections 75 and 76 of the Courts Act 2003[^f00002], after consulting in accordance with section 79 of the Courts Act 2003[^f00003].

Citation and commencement

1

• (1) These Rules may be cited as the Family Procedure (Amendment) Rules 2016.

• (2) These Rules come into force on 6th April 2016.

Amendment of the Family Procedure Rules 2010

2

The Family Procedure Rules 2010[^f00004] are amended in accordance with rules 3 to 8.

Amendment of rule 4.4

3

In rule 4.4 (power to strike out a statement of case) after paragraph (1) insert—

(1A) When the court is considering whether to exercise the power to strike out a statement of case, it must take into account any written evidence filed in relation to the application or answer.

Substitution of rules 33.19 and 33.19A

4

For rules 33.19 (Application of CCR Order 27: enforcement of a judgment debt) and 33.19A (application of CCR Order 27: enforcement of a maintenance order) substitute—

(33.19) Part 39 applies to applications for an attachment of earnings order to secure payments under a maintenance order.

Amendment of rule 33.25

5

For rule 33.25 (application of the CPR) substitute—

(33.25) Part 40 applies for the enforcement of a judgment or order made in family proceedings by way of a charging order, stop order or stop notice.

Amendment of rule 37.30

6

In rule 37.30(3)(a) (discharge of a person in custody) omit “CCR Order 27 rule 8, or”.

Amendment of rule 37.35

7

In rule 37.35 (notice to give evidence before or after a fine is imposed under section 55 of the Act) in the heading and in paragraph (1) for “section 55 of the Act” substitute “section 31G of the 1984 Act[^f00005]”.

Insertion of new Parts 39 and 40

8

After rule 38.15 (application under Article 14(2)) insert—

• (a) new Part 39 (attachment of earnings) as set out in Schedule 1 to these Rules; and

• (b) new Part 40 (charging order, stop order, stop notice) as set out in Schedule 2 to type=start slip=2016-05-01 time=1462886620604these Rules.type=end slip=2016-05-01 time=1462886620604

Transitional provision

9

• (1) Subject to paragraph (2), the Family Procedure Rules 2010 as amended by these Rules apply from 6th April 2016 to any proceedings which were commenced but not disposed of before that date, as they apply to proceedings commenced on or after that date.

• (2) In any proceedings which were commenced but not disposed of before 6th April 2016, the court may give any directions for the purpose of ensuring that the proceedings are dealt with fairly and, in particular, may—

• (a) apply any provision in rules of court which applied to the proceedings before 6th April 2016; or

• (b) disapply provisions of the Family Procedure Rules 2010 as amended by these Rules.

SCHEDULE 1 — NEW PART 39 OF THE FAMILY PROCEDURE RULES 2010

SCHEDULE 2 — NEW PART 40 OF THE FAMILY PROCEDURE RULES 2010

Signed

Marie Brock — Richard Burton — Melanie Carew — Paul Carr — Chris Darbyshire — Jane Harris — Michael Horton — Dylan Jones — Hannah Perry — HHJ Alison Raeside — Lucy Theis, J — Will Tyler

I allow these Rules

Caroline Dinenage — Parliamentary Under-Secretary of State — Ministry of Justice — 10th March 2016

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) (“the FPR”).

Rule 3 amends rule 4.4 of the FPR to clarify that written evidence must be taken into account if the court is considering striking out a statement of case.

Rule 8, and Schedules 1 and 2, insert new Parts 39 and 40 into the FPR, which set out the procedure to be followed in respect of applications for attachment of earnings orders, charging orders, stop orders and stop notices.

Rules 4 to 6 make amendments to the FPR which are consequential upon the introduction of the new Parts 39 and 40 of the FPR.

Rule 7 amends an out of date cross-reference in the FPR.

Rule 9 makes transitional provision.

No impact assessment has been produced for these Rules as no, or minimal, impact is anticipated to result from their provisions.

Footnotes

[^f00001]: 1971 c. 32. Section 6 was amended by section 19(5) of the Administration of Justice Act 1977 (c. 38), paragraph 5 of Schedule 17 to the Courts and Legal Services Act 1990 (c. 41), paragraph 142 of Schedule 8 to the Courts Act 2003, paragraph 2 of Part 1 of Schedule 15 to the Tribunals, Courts and Enforcement Act 2007, paragraph 25 of Part 2 of Schedule 9 and paragraph 24 of Schedule 10 to the Crime and Courts Act 2013 and by S.I. 2006/1737. Section 9 was amended by paragraphs 1 and 4 of Part 1 of Schedule 15 to the Tribunals, Courts and Enforcement Act 2007 and by S.I. 2006/1737. Section 14 was amended by section 53(1) of the Administration of Justice Act 1982 (c. 53), paragraph 1 of Part 1 of and paragraphs 9 to 15 of Part 2 of Schedule 15 to the Tribunals, Courts and Enforcement Act 2007 (c. 15), paragraph 25 of Part 2 of Schedule 9 to the Crime and Courts Act 2013 and by S.I. 2006/1737.

[^f00002]: 2003 c.39. Section 75 was amended by paragraph 338 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005 (c. 4) and by paragraph 91 of Schedule 10 to the Crime and Courts Act 2013 (c.22). Section 76 was amended by section 62(7) of the Children Act 2004 (c. 31), paragraph 172 of Schedule 27 to the Civil Partnership Act 2004 (c. 33), paragraph 29 of Schedule 1 to the Constitutional Reform Act 2005 and paragraph 92 of Schedule 10 to the Crime and Courts Act 2013.

[^f00003]: Section 79 was amended by paragraph 341 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005.

[^f00004]: S.I. 2010/2955. Relevant amending instruments are S.I. 2013/3204, 2014/667 and 2015/1868.

[^f00005]: The Matrimonial and Family Proceedings Act 1984 (c. 42). Section 31G was inserted by paragraph 1 of Schedule 10 to the Crime and Courts Act 2013.

[^f00006]: Section 1 was amended by paragraph 6 of Part 1 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), paragraph 25 of Part 2 of Schedule 9 and paragraphs 20 and 21 of Part 2 of Schedule 10 to the Crime and Courts Act 2013 and S.I. 2006/1737.

[^f00007]: Section 23 was amended by paragraph 6 of Part III of Schedule 2 to the Contempt of Court Act 1981 (c. 49), section 53 of the Administration of Justice Act 1982, sections 37 and 38 of the Criminal Justice Act 1982 (c. 48), paragraph 41 of Schedule 2 to the County Courts Act 1984 (c. 28), paragraph 6 of Schedule 17 to the Courts and Legal Services Act 1990 (c. 41), Part 1 of Schedule 4 and paragraph 6 of Schedule 12 to the Criminal Justice Act 1991 (c. 53), paragraph 1 of Part 1 of and paragraphs 19 to 22 of Part 2 of Schedule 15 to the Tribunals, Courts and Enforcement Act 2007 and paragraph 25 of Schedule 9 and paragraph 33 of Schedule 10 to the Crime and Courts Act 2013.

[^f00008]: S.I 1998/3132. Relevant amending instruments are S.I. 2013/262, 407, 534, 1695 and 1974, 2014/3299 and 2015/1569.

[^f00009]: Section 16 was amended by paragraph 29 of Part 2 of Schedule 10 to the Crime and Courts Act 2013.

[^f00010]: Section 8 was amended by paragraph 25 of Part 2 of Schedule 9 and paragraph 25 of Part 2 of Schedule 10 to the Crime and Courts Act 2013 and by S.I. 2006/1737.

[^f00011]: The Matrimonial Causes Act 1973 (c. 18). Section 28 was amended by section 5 of the Matrimonial and Family Proceedings Act 1984, paragraph 43 of Schedule 27 to the Civil Partnership Act 2004 and paragraph 7 of Schedule 2, paragraph 14 of Schedule 8 and Schedule 10 to the Family Law Act 1996 (c. 27). Those provisions in Schedules 8 and 10 of the Family Law Act 1996 were repealed by section 18 of the Children and Families Act 2014 (c. 6).

[^f00012]: Section 32 was amended by paragraph 60 of Schedule 11 to the Crime and Courts Act 2013.

[^f00013]: The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22). Section 32 was amended by sections 37 and 46 of the Criminal Justice Act 1982, paragraph 195 of Schedule 8 to the Courts Act 2003 and paragraph 83 of Schedule 11 to the Crime and Courts Act 2013.

[^f00014]: The Civil Partnership Act 2004 (c. 33). Paragraph 63 of Schedule 5 was amended by paragraph 170 of Schedule 11 to the Crime and Courts Act 2013.

[^f00015]: 1979 c. 53.

[^f00016]: Section 1 was amended by section 34 of and paragraphs 2, 3 and 6 of Part II of Schedule 3 to the Administration of Justice Act 1982, paragraph 71 of Part V of Schedule 2 to the County Courts Act 1984, section 93 of the Tribunals, Courts and Enforcement Act 2007, paragraph 52 of Schedule 9 and paragraph 38 of Schedule 10 to the Crime and Courts Act 2013 and S.I. 2014/605.

[^f00017]: Section 5 was amended by S.I. 2002/439.

[^f00018]: Section 5 was amended by S.I. 2002/439.

[^f00019]: 1890 c. 39. Section 23 was amended by Part II of Schedule 11 to the Courts Act 1971 (c. 23), Part X of Schedule 1 to the Statute Law (Repeals) Act 1998 (c. 43) and paragraph 118 of Schedule 9 to the Crime and Courts Act 2013.