The Family Procedure (Amendment) Rules 2021

Made: 9th February 2021

Laid before Parliament: 15th February 2021

Coming into force: 6th April 2021

The Family Procedure Rule Committee makes the following Rules in exercise of the powers conferred by sections 75 and 76(8) of the Courts Act 2003[^f00001], having fulfilled the requirements of section 79(1) of that Act:

Citation and commencement

1

These Rules may be cited as the Family Procedure (Amendment) Rules 2021 and come into force on 6th April 2021.

Amendment of the Family Procedure Rules 2010

2

The Family Procedure Rules 2010[^f00002] are amended in accordance with rules 3 and 4 of these Rules.

Amendment of rule 6.43

3

For rule 6.43(3)(a) substitute—

(a) provided for by rule 6.45 (service through foreign governments, judicial authorities and British Consular authorities); or

Insertion of new rule 36.3

4

After rule 36.2 insert—

(36.3) Practice Directions may modify or disapply any provision of these rules— (a) for specified periods; and (b) in relation to proceedings in specified courts, in order to address issues for the work of the courts arising from the coronavirus (SARS-CoV-2) outbreak or any other public emergency.

Signed

Sir Andrew McFarlane, President of the Family Division — District Judge (Magistrates’ Courts) Branston — Melanie Carew — His Honour Judge Godwin — Tony McGovern — Mr Justice Mostyn — Her Honour Judge Raeside — District Judge Williams

I allow these Rules

Signed by authority of the Lord Chancellor

Alex Chalk — Parliamentary Under-Secretary of State — Ministry of Justice — 9th February 2021

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

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

Rule 3 amends rule 6.43 of the FPR which makes provision for cases where service is to be effected on a respondent outside of the United Kingdom.

Rule 4 inserts a new rule 36.3 into the FPR to enable provisions of the FPR to be modified or disapplied by Practice Directions to address issues for the work of the courts arising from a public emergency.

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).

[^f00002]: S.I. 2010/2955. Relevant amendments were made by S.I. 2019/517.