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	United Kingdom Statutory Instruments
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" "Welsh family proceedings officer" has the same meaning as in the Children Act 2004[3].".

     4. In rule 11 - 

(a) in the heading after "officers of the service" insert "and Welsh family proceedings officers";

(b) in paragraphs (1) to (4), after "the officer of the service", wherever it appears, insert "or the Welsh family proceedings officer"; and

(c) in paragraph (1), for ""officer of the service"" substitute ""officer of the service or Welsh family proceedings officer"".

     5. In rule 11A(5), after "the officer of the service" insert "or the Welsh family proceedings officer".

     6. In rules 21A and 22A, after "an officer of the service", wherever it appears, insert "or a Welsh family proceedings officer".

     7. In rule 23 - 

(a) For paragraph (3) substitute - 

    " (3) Nothing in this rule shall prevent the disclosure of a document prepared by an officer of the service or a Welsh family proceedings officer for the purpose of - 


(a) enabling a person to perform functions required under section 62(3A) of the Justices of the Peace Act 1997[4];

(b) enabling a person to perform functions required under section 38(1) of the Children Act 2004; or

(c) assisting an officer of the service or a Welsh family proceedings officer who is appointed by the court under any enactment to perform his functions."; and



(b) In paragraph 4, for "an officer of the service to any other officer of the service" substitute "an officer of the service or a Welsh family proceedings officer to any other officer of the service or Welsh family proceedings officer".

Transitional provisions
     8.  - (1) Where - 

(a) before the coming into force of these rules a person has been appointed by the court for a child ordinarily resident in Wales under section 41(1) of the Children Act 1989[5];

(b) the proceedings in which he was appointed are still continuing; and

(c) that person has become a Welsh family proceedings officer,

then for the purposes of the 1991 Rules that person's appointment shall continue notwithstanding that he is no longer an officer of the service.

     9.  - (1) Where - 

(a) before the coming into force of these rules a person had been asked to prepare a welfare report in accordance with section 7(1)(a) of the Children Act 1989;

(b) in relation to a child ordinarily resident in Wales;

(c) the proceedings in which the report was requested are still continuing; and

(d) that person has become a Welsh family proceedings officer,

then for the purposes of the 1991 Rules the request shall continue to have effect notwithstanding that the person is no longer an officer of the service.


Falconer of Thoroton, C

9th March 2005

[2] S.I. 1991/1395, amended by S.I. 2001/818.back

[3] 2004 c.31.back

[4] 1997 c.25.back

[5] 1989 c.41back

 © Crown copyright 2005