Title and introductory text
2014 No. 3297 (L. 35)
Family Proceedings
Senior Courts Of England And Wales
Family Court, England And Wales
The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014
Made
15th December 2014
Laid before Parliament
18th December 2014
Coming into force
11th January 2015
The President of the Family Division, as nominee of the Lord Chief Justice under paragraph 2(2)(b) of Part 1 of Schedule 1 to the Constitutional Reform Act 2005, makes the following rules in exercise of the powers conferred by section 31D(1) and (3) of the Matrimonial and Family Proceedings Act 1984.
These Rules are made after consultation with the Family Procedure Rule Committee in accordance with section 31D(5)(b) of the Matrimonial and Family Proceedings Act 1984.
These Rules are made with the agreement of the Lord Chancellor in accordance with paragraph 2 of Part 1 of Schedule 1 to the Constitutional Reform Act 2005.
Propose a change1 Citation and commencement
These Rules may be cited as the Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 and come into force on 11th January 2015.
Propose a change2 Amendments to the Family Court (Composition and Distribution of Business) Rules 2014
The Family Court (Composition and Distribution of Business) Rules 2014 are amended as follows.
Propose a change3 Amendments to the Family Court (Composition and Distribution of Business) Rules 2014
After rule 12, in Part 5, insert—
Interpretation of this Part
12A. In this Part—
“incoming protection measure” means a protection measure that has been ordered in a Member State of the European Union other than the United Kingdom or Denmark;
“protection measure” has the meaning given to it in the Protection Measures Regulation;
“Protection Measures Regulation” means Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters.
.
Propose a change4 Amendments to the Family Court (Composition and Distribution of Business) Rules 2014
In rule 16—
(a) in paragraph (3)(a)—
(i) in paragraphs (xiii) and (xiv), omit “or”;
(ii) after paragraph (xiv), insert—
(xv) the Protection Measures Regulation made within or in connection with an application under sub-paragraph (xii); or
(xvi) Article 11 of the Protection Measures Regulation for adjustment of an incoming protection measure except where the applicant is aged under 18; or
; and
(b) in paragraph (5)—
(i) in sub-paragraph (b), for “.” substitute “;”; and
(ii) after sub-paragraph (b), insert—
(c) the Protection Measures Regulation made within or in connection with an application under sub-paragraph (a) or (b);
(d) Article 11 of the Protection Measures Regulation for adjustment of an incoming protection measure where the applicant is aged under 18.
.
Propose a change5 Amendments to the Family Court (Composition and Distribution of Business) Rules 2014
In Schedule 1—
(a) in paragraph 1—
(i) in sub-paragraph (p), for “.” substitute “;”; and
(ii) after sub-paragraph (p), insert—
(q) the Protection Measures Regulation for enforcement of an incoming protection measure.
; and
(b) in paragraph 4—
(i) in sub-paragraph (f), for “.” substitute “;”; and
(ii) after sub-paragraph (f), insert—
(g) Article 13 of the Protection Measures Regulation.
.
Propose a change6 Amendments to the Family Court (Composition and Distribution of Business) Rules 2014
In Table 3 of Schedule 2, after paragraph 5 insert—
6. Order under Article 13 of the Protection Measures Regulation refusing to recognise or enforce an incoming protection measure.
.
Propose a change