Statutory Instrument 1994 No. 2165 (L.13)

The Family Proceedings (Amendment) (No. 2) Rules 1994

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© Crown Copyright 1994

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1994 No. 2165 (L.13)

FAMILY LAW

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

The Family Proceedings (Amendment) (No. 2) Rules 1994

We, the authority having power under section 40(1) of the Matrimonial and Family Proceedings Act 1984^[1] to make rules of court for the purposes of family proceedings in the High Court and county courts, in the exercise of the powers conferred by the said section 40, and of all other powers enabling us in that behalf, hereby make the following rules:

    1.    These Rules may be cited as the Family Proceedings (Amendment) (No. 2) Rules 1994 and shall come into force on 1st November 1994.

    2.    The Family Proceedings Rules 1991^[2] shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule, Part or Appendix by number alone shall be construed as a reference to the rule, Part or Appendix so numbered in the said Rules of 1991.

    3.    In the Arrangement of Rules there shall be inserted the following after Part IV:—

"PART IVA.
PROCEEDINGS UNDER SECTION 30 OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 1990^[3]
    4A.1
Interpretation

    4A.2
Application of Part IV

    4A.3
Parties

    4A.4
Answer

    4A.5
Appointment and duties of the guardian ad litem

    4A.6
Personal attendance of applicants

    4A.7
Copies of orders

    4A.8
Amendment and revocation of orders

    4A.9
Custody, inspection and disclosure of documents and information

    4A.10
Application for removal, return etc. of child

    4.    After Part IV there shall be inserted the following:—

"PART IVA
PROCEEDINGS UNDER SECTION 30 OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 1990.

Interpretation
    4A.1—(1)  In this Part of these Rules—

  "the 1990 Act" means the Human Fertilisation and Embryology Act 1990;

  "the birth father" means the father of the child, including a person who is treated as being the father of the child by section 28 of the 1990 Act where he is not the husband within the meaning of section 30 of the 1990 Act;

  "the birth mother" means the woman who carried the child;

  "the birth parents" means the birth mother and the birth father;

  "the guardian ad litem" means the guardian appointed in accordance with rule 4A.5;

  "the husband and wife" means the persons who may apply for a parental order where the conditions set out in section 30(1) of the 1990 Act are met;

  "parental order" means an order under section 30 of the 1990 Act (parental orders in favour of gamete donors) providing for a child to be treated in law as a child of the parties to a marriage.

    (2)  Applications under section 30 of the 1990 Act are specified proceedings for the purposes of section 41 of the Children Act 1989^[4] in accordance with section 41(6)(i) of that Act.



Application of Part IV
    4A.2    Subject to the provisions of this Part, the provisions of Part IV of these Rules shall apply as appropriate with any necessary modifications to proceedings under this Part except that rules 4.7(1), 4.9, 4.10(1)(b), 4.10(11), 4.11(2), 4.11(3) and 4.12 shall not apply.


Parties
    4A.3    The applicants shall be the husband and wife and the respondents shall be the persons set out in the relevant entry in column (iii) of Appendix 3.


Answer
    4A.4    Within 14 days of the service of an application for a parental order, each respondent shall file and serve on all the other parties an answer in Form CHA75.


Appointment and duties of the guardian ad litem
    4A.5—(1)  As soon as practicable after the application has been filed the court shall consider the appointment of a guardian ad litem in accordance with section 41(1) of the Children Act 1989.

    (2)  In the High Court the Official Solicitor shall, if he consents, be appointed as the guardian ad litem of the child.

    (3)  In a county court and in the High Court where the Official Solicitor does not consent to act as guardian ad litem, the guardian ad litem shall be appointed from a panel established under the Guardians Ad Litem and Reporting Officers (Panels) Regulations 1991^[5].

    (4)  In addition to such of the matters set out in rule 4.11 as are appropriate to the proceedings, the guardian ad litem shall—
(i) investigate the matters set out in section 30(1) to (7) of the 1990 Act;

(ii) so far as he considers necessary, investigate any matter contained in the application form or other matter which appears relevant to the making of a parental order;

(iii) advise the court on whether there is any reason under section 6 of the Adoption Act 1976^[6], as applied with modifications by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994^[7], to refuse the parental order.




Personal attendance of applicants
    4A.6    The court shall not make a parental order except upon the personal attendance before it of the applicants.


Copies of orders
    4A.7—(1)  Where a parental order is made by a court sitting in Wales in respect of a child who was born in Wales and the applicants so request before the order is drawn up, the proper officer shall obtain a translation into Welsh of the particulars set out in the order.

    (2)  Within 7 days after the making of a parental order, the proper officer shall send a copy of the order to the Registrar General^[8].

    (3)  A copy of any parental order may be supplied to the Registrar General at his request.



Amendment and revocation of orders
    4A.8—(1)  An application under paragraph 4 of Schedule 1 to the Adoption Act 1976 as modified by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 for the amendment of a parental order or the revocation of a direction to the Registrar General^[9] may be made ex parte in the first instance but the court may require notice of the application to be served on such persons as it thinks fit.

    (2)  Where the application is granted, the proper officer shall send to the Registrar General a notice specifying the amendments or informing him of the revocation and shall give sufficient particulars of the order to enable the Registrar General to identify the case.



Custody, inspection and disclosure of documents and information
    4A.9—(1)  All documents relating to proceedings for a parental order shall, while they are in the custody of the court, be kept in a place of special security.

    (2)  Any person who obtains any information in the course of, or relating to proceedings for a parental order shall treat that information as confidential and shall only disclose it if—
(a) the disclosure is necessary for the proper exercise of his duties, or

(b) the information is requested—
(i) by a court or public authority (whether in Great Britain or not) having power to determine proceedings for a parental order and related matters, for the purpose of discharge of its duties in that behalf, or

(ii) by a person who is authorised in writing by the Secretary of State to obtain the information for the purposes of research.




Application for removal, return etc. of child
    4A.10—(1)  An application under sections 27(1), 29(1) or 29(2) of the Adoption Act 1976 as applied with modifications by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 shall be made on notice in proceedings under section 30 of the 1990 Act.

    (2)  The proper officer shall serve a copy of the application and a notice of the date of the hearing on all the parties to the proceedings under section 30, on the guardian ad litem and on any other person or body, not being the child, as the court thinks fit.

    (3)  The court may at any time give directions as to the conduct of the application under this rule.

    5.    In Appendix 1:—
 (a) the following shall be inserted at the end of the list of forms at the beginning of the Appendix—
"CHA74 Application for a Parental Order

  CHA75 Answer

  CHA76 Parental Order

  CHA77 Notice of Refusal of a Parental Order" ;

 (b) after form CHA69^[10], there shall be inserted Forms CHA74, CHA75, CHA76 and CHA77 as set out in the Schedule to these Rules.

    6.    In Appendix 3^[11]:—
 (a) there shall be inserted at the end of column (i) "section 30 of the Human Fertilisation and Embryology Act 1990";
 (b) in the corresponding entry in column (ii) there shall be inserted the words "14 days";
 (c) in the corresponding entry in column (iii) there shall be inserted the words "the birth parents (except where the applicants seek to dispense with their agreement under section 30(6) of the Human Fertilisation and Embryology Act 1990) and any other persons or body with parental responsibility for the child at the date of the application";
 (d) in the corresponding entry in column (iv) there shall be inserted the words "any local authority or voluntary organisation that has at any time provided accommodation for the child".

Mackay of Clashfern,
C.

Stephen Brown,
P.

Mathew Thorpe,
J.

Marion Norrie

Anne Downey

Gerald Angel

James Holman

J. M. Appleby

David Salter

Sandra Andrew

M. B. Roddy

Dated 11th August 1994

[1] 1984 c. 42. Section 40 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 50. back

[2] S.I. 1991/1247, amended by S.I. 1991/2113, 1992/456 and 2067, 1993/295 and 1994/808. back

[3] 1990 c. 37. back

[4] 1989 c. 41. back

[5] S.I. 1991/2051. back

[6] 1976 c. 36. back

[7] S.I. 1994/. back

[8] By the Registration Service Act 1953 (c. 37), section 1, the powers and duties conferred or imposed by or under any enactment on the Registrar General are to be exercised and performed by the Registrar General for England and Wales appointed under that section. back

[9] By section 50 of the Adoption Act 1976 (c. 36) as applied by S.I. 1994/          , a parental order may contain a direction to the Registrar General to make an entry in the Register of Births or the Parental Order Register. back

[10] Form CHA69 was inserted by S.I. 1991/2113. back

[11] Appendix 3 was amended and the columns re-ordered by S.I. 1992/2067. back

Explanatory Note