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STATUTORY INSTRUMENTS


2007 No. 1622 (L. 10)

FAMILY PROCEEDINGS

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Family Proceedings (Amendment) Rules 2007

  Made 6th June 2007 
  Laid before Parliament 8th June 2007 
  Coming into force 1st July 2007 

The Family Proceedings Rule Committee makes the following Rules in exercise of the powers conferred by section 40(1) of the Matrimonial and Family Proceedings Act 1984[1]:

Citation and Commencement
     1. These Rules may be cited as the Family Proceedings (Amendment) Rules 2007 and shall come into force on 1st July 2007.

Amendments to the Family Proceedings Rules 1991
    
2. The Family Proceedings Rules 1991[2] are amended in accordance with rules 3 to 6.

     3. In rule 3.9(6)—

     4. In rule 3.9A—

     5. In rule 3.10(1)—

     6. In Appendix 1—

Transitional Provisions
    
7. Where—

the Family Proceedings Rules 1991 in force immediately before the commencement of these Rules shall apply—


Mark Potter, P

Philip Waller

Duncan Adam

David Salter

Bruce Edgington

Charles Hyde


I allow these Rules


Harriet Harman
Minister of State, Ministry of Justice

6th June 2007



SCHEDULE
Rule 6



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EXPLANATORY NOTE

(This note is not part of the Rules)


These Rules amend the Family Proceedings Rules 1991 following the amendment made by section 1 of the Domestic Violence, Crime and Victims Act 2004 (c.28) to Part IV of the Family Law Act 1996 (c.27) providing that breach of a non-molestation order is a criminal offence. Repeals made in Schedule 11 and consequential amendments made in Schedule 10 to the Domestic Violence, Crime and Victims Act 2004 also limit the power of the court to attach a power of arrest to an occupation order only.

Rule 3 provides that occupation orders and non-molestation orders are to be issued on Form FL404 and FL404a respectively.

Rule 4 provides that where the court attaches a power of arrest to an occupation order that the relevant provisions of that order are to be set out on Form FL406. This rule also provides for service upon the officer for the time being in charge of any police station for the applicant's address or of such other police station as the court may specify.

Rule 5 makes consequential amendments to rule 3.10 regarding applications for bail.

Rule 6 introduces amendments to existing forms and Form FL404a.

Rule 7 provides for transitional provisions.


Notes:

[1] 1984 c.42; section 40(1) was amended by the Courts and Legal Services Act 1990 (c.41), Schedule 18, paragraph 50 and the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraphs 379 and 380 and is repealed (from a date to be appointed) by the Courts Act 2003 (c.39), Schedule 8, paragraph 278 and Schedule 10.back

[2] S.I. 1991/1247; relevant amending instruments are S.I. 1997/1893, S.I. 2005/559 and S.I. 2005/2922.back



ISBN 978 0 11 077248 6


 © Crown copyright 2007

Prepared 13 June 2007


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