The Family Procedure (Amendment No. 2) Rules 2023
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Change 1
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In rule 3.4 (when the court will adjourn proceedings or a hearing in proceedings)— (a) for the heading substitute “Timetabling proceedings: encouraging non-court dispute resolution”; (b) for paragraph (1) substitute— (1) Paragraph (1A) applies when the court considers that non-court dispute resolution is appropriate. (1A) Where the timetabling of proceedings allows sufficient time for these steps to be taken, the court should encourage parties, as it considers appropriate, to— (a) obtain information and advice about, and consider using, non-court dispute resolution; and (b) undertake non-court dispute resolution. ; (c) for paragraph (2) substitute— (2) The court may give directions about the matters specified in paragraph (1A) on an application or of its own initiative. (2A) Subject to paragraph (2B), the court may give directions referred to in paragraph (2) at any time during the proceedings. (2B) In proceedings to which Practice Direction 12B applies, the court may give directions referred to in paragraph (2) at any time after the court has received the safeguarding letter or safeguarding report referred to in Practice Direction 12B. ; (d) in paragraph (3) for “the court directs an adjournment under this rule, it” substitute “paragraph (1A) applies, the court”; (e) in paragraph (4) after “such” insert “further”; and (f) in paragraph (5)— (i) in sub-paragraph (a) for “an order under this rule” substitute “any directions to which this rule applies”; and (ii) in sub-paragraph (b) for “order” substitute “directions”.
7
In rule 3.4 (when the court will adjourn proceedings or a hearing in proceedings)— (a) for the heading substitute “Timetabling proceedings: encouraging non-court dispute resolution”; (b) for paragraph (1) substitute— (1) Paragraph (1A) applies when the court considers that non-court dispute resolution is appropriate. (1A) Where the timetabling of proceedings allows sufficient time for these steps to be taken, the court should encourage parties, as it considers appropriate, to— (a) obtain information and advice about, and consider using, non-court dispute resolution; and (b) undertake non-court dispute resolution. ; (c) for paragraph (2) substitute— (2) The court may give directions about the matters specified in paragraph (1A) on an application or of its own initiative. (2A) Subject to paragraph (2B), the court may give directions referred to in paragraph (2) at any time during the proceedings. (2B) In proceedings to which Practice Direction 12B applies, the court may give directions referred to in paragraph (2) at any time after the court has received the safeguarding letter or safeguarding report referred to in Practice Direction 12B. ; (d) in paragraph (3) for “the court directs an adjournment under this rule, it” substitute “paragraph (1A) applies, the court”; (e) in paragraph (4) after “such” insert “further”; and (f) in paragraph (5)— (i) in sub-paragraph (a) for “an order under this rule” substitute “any directions to which this rule applies”; and (ii) in sub-paragraph (b) for “order” substitute “directions”.
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