The Family Procedure (Amendment No. 2) Rules 2020

Made: 16th July 2020

Laid before Parliament: 20th July 2020

Coming into force: 1st October 2020

The Family Procedure Rule Committee makes the following Rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 2003[^f00001], having fulfilled the requirements of section 79(1) of that Act,

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Family Procedure (Amendment No. 2) Rules 2020 and come into force on 1st October 2020.

• (2) In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Family Procedure Rules 2010[^f00002].

Amendments to the Family Procedure Rules 2010

2

The Family Procedure Rules 2010 are amended in accordance with rules 3 to 5 of these Rules.

Amendment of Part 10

3

• (1) In rule 10.12, in the words in parentheses at the end of the rule, for the words after “Part 37” substitute “(rule 37.4(2)(c) requires a contempt application to include confirmation that any order allegedly breached or disobeyed contained a penal notice)”.

• (2) In rule 10.13—

• (a) omit “Chapter 2 of”;

• (b) omit “with the necessary modifications”; and

• (c) for the words in parentheses at the end of the rule substitute—

(Rule 37.4(2) includes requirements for the information to be contained in a contempt application in relation to breach of an undertaking.)

Amendment of Part 11

4

In rule 11.15—

• (a) in paragraph (2)—

• (i) omit “Chapter 2 of”; and

• (ii) omit “with the necessary modifications”; and

• (b) in the words in parentheses at the end of the rule substitute—

(Rule 37.4(2) includes requirements for the information to be contained in a contempt application in relation to breach of an order or an undertaking.)

Amendment of Part 37

5

For Part 37 substitute Part 37 as set out in the Schedule to these Rules.

SCHEDULE

Signed

Mrs Justice Theis — His Honour Judge Godwin — Michael Horton — Fiona James JP — Mr Justice Mostyn — Her Honour Judge Raeside — Michael Seath — District Judge Suh — District Judge Williams

I allow these Rules

Signed by authority of the Lord Chancellor

Alex Chalk — Parliamentary Under-Secretary of State for Justice — Ministry of Justice — 16th July 2020

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Family Procedure Rules 2010 (SI 2010/2955) by substituting for Part 37 of those Rules (applications and proceedings in relation to contempt of court) a new Part 37 that streamlines and simplifies the process for proceedings for contempt of court. The new Part mirrors Part 81 of the Civil Procedure Rules 1998 (S.I. 1998/3132) which was substituted by the Civil Procedure (Amendment No. 3) Rules 2020 following a consultation by the Civil Procedure Rule Committee (Proposed rule changes relating to contempt of court: redraft of CPR Part 81), which ran from 9 March 2020 to 11 May 2020. These Rules also make amendments in Parts 10 and 11 of the Family Procedure Rules 2010 which are consequential on the streamlining of the new Part 37.

Footnotes

[^f00001]: 2003 c.39. Section 75 was amended by paragraphs 308 and 338 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005 (c. 4) and by paragraphs 83 and 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 29 of Schedule 1 to the Constitutional Reform Act 2005, paragraphs 83 and 92 of Schedule 10 to the Crime and Courts Act 2013 and paragraphs 25 and 34 of the Schedule to the Courts and Tribunals (Judiciary and Functions of Staff Act 2018 (c. 33).

[^f00002]: S.I. 2010/2955. There are relevant amendments in S.I. 2014/667.

[^f00003]: S.I. 2014/3297.