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Guide to statutory instruments coming into force on 22 April 2014

The following statutory instruments, made in recent months, come into force on the 22nd April 2014 in consequence of the establishment of the family court and/ or the implementation of Parts 1 and 2 of the Children and Families Act 2014.

To access the individual statutory instrument , please click on the title of the relevant SI.

Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014, SI 2014/620

This Order provides for the routes of appeal from decisions of certain types of judges or other office holders sitting in the family court. The effect of the Order is that such appeals will be dealt with in the family court, in accordance with distribution of business rules made by the Lord Chief Justice under section 31D of the Matrimonial and Family Proceedings Act 1984 (c.42), instead of the Court of Appeal as provided by section 31K of the Matrimonial and Family Proceedings Act 1984 or (in so far as appeals against decisions of the family court relating to contempt of court are concerned) section 13(2A) of the Administration of Justice Act 1960 (c.65).

Article 3 revokes or amends provisions of the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011 (S.I. 2011/1044) in consequence of the establishment of the family court and brings the use of terminology in the 2011 Order in line with this Order.


Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014, SI 2014/852

This Order makes amendments to secondary legislation in consequence of section 12 of the Children and Families Act 2014, which removes the definition of "residence order" and "contact order" in section 8(1) of the Children Act 1989 and replaces it with a new order, the "child arrangements order".


Children and Families Act 2014 (Commencement No. 1) Order 2014, SI 2014/793

This Order brings sections 10 (Family mediation information and assessment meetings), 13 (Control of expert evidence, and of assessments, in children proceedings) and 17 (Repeal of restrictions on divorce and dissolution etc where there are children) of the Children and Families Act 2014 into force on 22nd April 2014.


Children and Families Act 2014 (Commencement No. 2) Order 2014, SI 2014/889

This Order brings into force the following provisions of the Children and Families Act 2014 relevant to family lawyers.

Article 4 commences section 9 (contact: post adoption) and certain provisions of Part 2 (family justice) on 22nd April 2014 to coincide with the introduction of the single family court.

Article 5 commences section 4 (recruitment, assessment and approval of prospective adopters), section 7 (the Adoption and Children Act register), section 78 (making and approval of code), certain sections of Part 4 (childcare etc.) and sections 98 (arrangements for living with former foster parents after reaching adulthood) and 99 (promotion of educational achievement of children looked after by local authorities) on 13th May 2014.

Article 6 commences certain sections of Part 1 (adoption and contact) on 25th July 2014. Section 1 is brought into force in relation to England only.


Children and Families Act 2014 (Transitional Provisions) Order 2014, SI 2014/1042

This Order makes transitional provisions in connection with the coming into force of provisions in Part 1 and Part 2 of the Children and Families Act 2014 ("the 2014 Act"), which were brought into force by S.I.s 2014/793 and 2014/889 on 22nd April 2014.

Article 3 provides that the court's ability to make an order for post adoption contact as provided for in section 51A of the Adoption and Children Act 2002 ("the 2002 Act") will not apply in relation to an application for a post adoption contact order under section 8 of the Children Act 1989 ("the 1989 Act") commenced but not disposed of prior to 22nd April 2014. Section 51A of the 2002 Act will only be disapplied in relation to proceedings that have arisen out of an application for a contact order as defined by section 8 of the 1989 Act.
Article 4 provides that section 9(7) of the 2014 Act which amends section 9(5)(a) of the 1989 Act will not apply in relation to family proceedings which commenced prior to 22nd April 2014 but have not been disposed of before that date.

Article 5 sets out transitional arrangements relating to the requirement to attend a family mediation information and assessment meeting contained in section 10 of the 2014 Act.

Article 6 deems contact orders and residence orders that were made under section 8 of the 1989 Act prior to 22nd April 2014, as child arrangements orders. It also deems applications for contact orders and residence orders that were made before the 22nd April but are still in progress on 22nd April 2014, as applications for child arrangements orders.

Article 7 makes clear that where a person has failed to comply with provision about contact that was contained in a contact order made before the 22nd April 2014, notwithstanding that the contact order will be deemed to be a child arrangements order from 22nd April onwards, sections 11J, 11L and 11O of the 1989 Act (which relate to enforcement and compensation), will only apply in respect of the failure to comply with that contact provision. Article 7 does not affect the operation of these sections in relation to provision contained in a child arrangements order (that was previously a contact order) that were added to, or varied, by the court on or after 22nd April.

Article 8 provides transitional provision in relation to the timetable drawn up by virtue of section 32(1) of the 1989 Act for proceedings under Part 4 of that Act.

Article 9 provides a time period by which an interim care or supervision order made before the 22nd April 2014, that does not specify a date by which it is to expire, will cease to have effect.

Article 10 makes transitional arrangements in relation to the duty of the court under section 31 of the 1989 Act to consider a care plan made under section 31A of that Act, before it makes a care order.

Article 11 makes transitional arrangements in relation to section 17 of the 2014 Act.


Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014, SI 2014/812

Regulation 2(2)(a) adds regulation 5(1)(ga) to the 2013 Regulations, to provide that there is to be no determination in relation to the financial resources of an individual for the civil legal services of family mediation for a Mediation Information and Assessment meeting if that individual is a party to that meeting and another party to that meeting has already been assessed as financially eligible for family mediation for that meeting.

Regulation 2(2)(b) adds regulation 5(1)(ha) to the 2013 Regulations, to provide that there is to be no determination in relation to the financial resources of an individual for family mediation, if the individual is an applicant under the Convention on the Civil Aspects of International Child Abduction which was signed at the Hague on 25th October 1980 (which is referred to in these Regulations as the 1980 Hague Convention).

Regulation 3 provides that the amendments made by regulation 2 do not apply to pre-commencement applications for family mediation.


Civil Legal Aid (Procedure) (Amendment) Regulations 2014, SI 2014/814

These Regulations amend the Civil Legal Aid (Procedure) Regulations 2012 (S.I. 2012/3098) ("the Procedure Regulations"). The Procedure Regulations make provision about the making and withdrawal of determinations that an individual qualifies for civil legal services under sections 9 and 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) ("the Act"). These Regulations amend the evidence requirements relating to victims of, or persons at risk of, domestic violence, and persons with a child who has experienced, or is at risk of, child abuse, who seek civil legal services under the Act.

Regulation 2 amends regulation 33 of the Procedure Regulations to add to the list of acceptable evidence of domestic violence, or of a risk of domestic violence. The additional evidence relates to: police bail for a domestic violence offence; refusal of entry to a refuge on account of the refuge having insufficient accommodation; referral by a health professional to a specialist support service; domestic violence protection notices; domestic violence protection orders; and binding over orders for a domestic violence offence. Regulation 2 also amends the existing evidence requirements relating to multi-agency risk assessment conferences, medical evidence and admission to a refuge.
Regulation 3 amends regulation 34 of the Procedure Regulations to add to the list of acceptable evidence of a risk of child abuse. The additional evidence relates to police bail for a child abuse offence.

Regulation 4 amends regulation 42 of the Procedure Regulations. Under new regulation 42(1)(k)(iia) the Director of Legal Aid Casework will be able to withdraw a determination that civil legal services are available to an individual if the evidence relied on for the purposes of regulation 33 related to a person being on police bail and that person is not ultimately charged with a domestic violence offence. Under new regulation 42(1)(k)(iib) the Director of Legal Aid Casework has similar powers to withdraw a determination for civil legal services in respect of regulation 34, where a person is on police bail for a child abuse offence but is not ultimately charged. Under new regulation 42(1)(k)(iic) the Director will be able to withdraw a determination that civil legal services are available to an individual if the evidence relied on for the purposes of regulation 33 was a domestic violence protection notice, which formed the basis for an unsuccessful application for a domestic violence protection order.
Part 2 of these Regulations provides that the amendments made in Part 1 do not apply to pre-commencement applications for civil legal services (within the meaning given by regulation 6).


Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014, SI 2014/586

These Regulations amend the Civil Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/422) ("the 2013 Regulations"), which make provision about payment by the Lord Chancellor to providers of civil legal services under arrangements made for the purpose of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

Regulation 2 and the Schedule to these Regulations make amendments which are consequential on the introduction of the new single family court by the Crime and Courts Act 2013 (c. 22). The changes amend the provisions governing remuneration for matters which will be heard before the family court. Previously, remuneration varied according to the court before which proceedings were heard, such as the county court or magistrates' court. In future, most family matters will be heard by judges sitting in the family court. The amendments align remuneration with the new structure and jurisdiction of the family court. As a result, fees vary according to the person or court before whom proceedings are heard.

In addition to incorporating amendments consequential on the establishment of the family court, paragraphs 1(3), 2(2) and 2(4) of the Schedule amend the fees payable for legal representation in care or supervision proceedings under section 31 of the Children Act 1989. Paragraph 1(3) of the Schedule amends the fixed fees in table 2(c). Paragraph 2(4) of the Schedule inserts new table 9(aa), providing the rates which will be used to calculate the threshold at which cases escape the fixed fee scheme (pursuant to the Lord Chancellor's contract with providers) and the hourly rates which will apply thereafter. These amendments implement a 10% reduction in fees for preparation and attendance, attendance at court or conference with counsel and travel and waiting time. Both tables 2(c) and 9(aa) also implement the amendments made in consequence of the introduction of the family court.

Regulation 3 provides that the amendments made by paragraphs 1(3), 2(2) and 2(4) of the Schedule do not apply to pre-commencement applications for civil legal services. Regulations 4 to 6 define a "pre-commencement application".


Crime and Courts Act 2013 (Commencement No. 10 and Transitional Provision) Order 2014, SI 2014/954

Section 17, together with Schedule 9, 10 and 11 which it introduces, makes provision for the establishment of a single County Court for England and Wales, replacing the structure of individual county courts for specific districts, and for the establishment of a family court, replacing the structure of family proceedings spread across magistrates' court, county courts and the High Court.


Crime and Courts Act 2013 (Consequential, Transitional and Saving Provisions) Order 2014,SI 2014/820

This Order revokes the Civil Courts Order 1983 ("the 1983 Order"), together with numerous amending orders, following the coming into force of section 17 of, and Schedule 9 to, the Crime and Courts Act 2013 (c.22) ("the 2013 Act"), which establishes a single County Court for England and Wales, replacing the structure of individual county courts for specific districts which previously exercised jurisdiction.

The 1983 Order designated the places where both the district registries of the High Court and the county courts were located. It also specified those county courts which had jurisdiction in respect of proceedings under, amongst other statutes, the Matrimonial and Family Proceedings Act. However, following the implementation of both the single County Court and the family court, it is no longer necessary, or possible, to confer jurisdiction in this way.

The 1983 Order is replaced by the Civil Courts Order 2014 (SI 2014/819), which, unlike the earlier order, only designates those places where district registries of the High Court will be located. However, although it replaces the 1983 Order, the 2014 Order does not revoke it. This is because the 2013 Act will repeal some of the relevant order making powers in primary legislation on the same date that the 1983 Order is revoked. On that basis, it is not possible to use those powers to revoke the 1983 Order, or the numerous amending orders, in their entirety. Accordingly, it is necessary to use the powers in the 2013 Act to make the necessary consequential amendments and transitional and savings provisions.


Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014, SI 2014/605

This Order makes amendments to primary legislation which are consequential upon the establishment of the family court, as provided for in section 17(3) of, and Schedules 10 and 11 to, the Crime and Courts Act 2013.


Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014, SI 2014/879

This Order makes amendments to secondary legislation in consequence of the establishment of the family court as provided for in section 17 of the Crime and Courts Act 2013 (c.22). The coming into force of the family court means that magistrates' courts and the county court will no longer have jurisdiction to hear family proceedings or matters relating to the enforcement or variation of orders made in family proceedings. These matters will be dealt with in the family court.

Schedules 10 and 11 to the Crime and Courts Act 2013, together with the Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 make amendments to various primary provisions to reflect the coming into force of the family court. This Order makes amendments to secondary legislation for that same purpose. In particular it amends various statutory instruments to reflect the fact that matters referred to in them will be heard in the family court; and amends various other statutory instruments which make provision for proceedings in the magistrates' courts to remove from them references to matters which will no longer be heard in those courts.


Crime and Courts Act 2013 (Family Court: Transitional and Saving Provision) Order 2014, SI 2014/956

These Rules make transitional and savings provision in relation to the establishment of the single family court. The single family court is established by section 17(3) of the Crime and Courts Act 2013 (c.22) (the "2013 Act").
Article 3 continues any proceedings issued before 22nd April 2014 in the family court where those proceedings are under jurisdiction that is transferred to or conferred upon the family court by the 2013 Act.

Article 4 continues the validity of any composition of bench or allocation decision in transferred proceedings, as well as authorisations to conduct business of an original court.

Articles 5 and 6 contain general savings for anything done in relation to transferred proceedings, and for judgments, orders, warrants, directions and other acts in transferred proceedings.

Article 7 ensures that any alleged acts of contempt of court that occurred before 22nd April 2014 are subject only to sentencing powers that were in place when the alleged act of contempt of court occurred.

Article 8 continues the validity of family panels created prior to 22nd April 2014.

Articles 9 to 11 make transitional and saving provision in connection with appeals from decisions of transferred proceedings. Existing rights of appeal continue for these decisions on and after the transfer day with modifications in consequence of the family court.


Family Court (Composition and Distribution of Business) Rules 2014, SI 2014/840

These Rules make provision for the composition of the family court and for the distribution of business of the family court among judges of the court.

Part 2 makes provision for how the family court should be composed, including when hearing appeals.

Part 3 gives powers to the President of the Family Division and the Lord Chief Justice (or his or her nominee) to authorise judges of specified levels to conduct specified business in the family court.

Part 4 makes provision for the chairmanship of the family court when it is composed of lay justices.

Part 5 deals with the distribution of business in the family court, including the initial allocation of the proceedings listed in Schedule 1, of emergency applications, of applications for the assessment of costs and of appeals. Provision is made for the initial allocation of applications made in existing proceedings or in connection with proceedings that have concluded, including setting out in Schedule 2 various remedies which may not be granted by certain judges, or levels of judges, in the family court. Provision is also made for the initial allocation of other proceedings, by reference to the factors specified in rule 20(2).

Part 6 makes provision for the President of the Family Division to issue guidance on the application and interpretation of Part 5, after consulting the Lord Chancellor or, in certain circumstances, with the Lord Chancellor's agreement.


Family Court (Constitution of Committees: Family Panels) Rules 2014, SI 2014/842

These Rules make provision for the formation of family panels and for their meetings, chairmen and deputy chairmen and functions.


Family Court (Contempt of Court) (Powers) Regulations 2014, SI 2014/833

These Regulations limit the powers exercisable by certain judges of the family court when dealing with an individual for certain types of contempt of court in the family court. Unless specified in these Regulations the maximum committal powers available to judges of the family court will be the powers currently available to the High Court (section 14(4B) of the Contempt of Court Act 1981 (c.49) and section 31E(1)(a) of the Matrimonial and Family Proceedings Act 1984 (c.42) as inserted by Schedule 10 to the Crime and Courts Act 2013 (c.22)).

Regulation 3 limits the committal powers exercisable by a judge of district judge level when dealing with an individual for contempt in the face of the court to a maximum period of one month.

Regulation 4 limits the committal powers exercisable by a lay justice when dealing with an individual for contempt of court for breaching a judgement, order or undertaking in the family court, other than for the payment of money, to a maximum period of two months. Regulation 4 also limits the committal powers exercisable by a lay justice when dealing with an individual for contempt in the face of the court to a maximum period of one month.

Regulation 5 limits the level of fine a judge of the family court, except a judge of High Court judge level, may impose when dealing with a person for contempt of court in the family court to an amount not exceeding level 5 on the standard scale. For a judge of High Court judge level there is no maximum level of fine for contempt of court.


Family Court Warrants (Specification of Orders) Order 2014, SI 2014/832

Section 125A(3) of the Magistrates' Courts Act 1980 ('the 1980 Act') allows the Lord Chancellor to specify provisions under which warrants of arrest, commitment, detention or distress can be issued by a justice of the peace or specify court orders of any description. The effect of such a specification is that a warrant of arrest, commitment, detention or distress issued by a justice of the peace under a specified provision or for the enforcement of a specified court order may be executed by a civilian enforcement officer.

This Order specifies orders of the family court for the purposes of section 125A(3) of the 1980 Act with the effect that civilian enforcement officers may execute warrants of arrest, commitment, detention or distress issued by a justice of the peace (who will for the purposes of the family court be District Judges (Magistrates' Courts) or justices of the peace who are not District Judges (Magistrates' Courts)) for the enforcement of an order of the family court.

A civilian enforcement officer is defined by section 125A(2) of the 1980 Act as a person who is employed by a prescribed class of authority which performs functions in relation to any area specified in the warrant and who is authorised to execute warrants.


Family Procedure (Amendment No. 2) Rules 2014, SI 2014/667

These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) ("the FPR 2010"). The amendments made to the FPR 2010 by rules 3 to 44 of these Rules are made to reflect the creation of the family court, to insert a new Part 37, and to make some adjustments to the appeals rules in Part 30.
Provision in respect of the family court is made in section 17 of, and Schedules 10 and 11 to, the Crime and Courts Act 2013 (c.22). The family court, and the High Court, have jurisdiction to deal with family proceedings.

The jurisdiction formerly exercised by magistrates' courts and county courts in relation to family proceedings, and enforcement of orders made in family proceedings, held by magistrates' courts and county courts, is removed by provision in the Crime and Courts Act 2013.

In particular, these Rules amend the following Parts of the FPR 2010 to reflect the coming into force of the family court— 

In addition, these Rules insert into the FPR 2010 a new Part 37 to make freestanding provision in the FPR 2010 in relation to applications and proceedings in relation to contempt of court.

These Rules also introduce a requirement to obtain permission to appeal from the decision of a District Judge (Magistrates' Courts) and new time limits for filing an appellant's notice and a respondent's notice where there is an appeal or application for permission to appeal against a case management decision.
Transitional and saving provision is made in rule 45.


Family Procedure (Amendment No. 3) Rules 2014, SI 2014/843

These Rules amend the Family Procedure Rules (S.I. 2010/2955) ("the FPR 2010"). The amendments made to the FPR 2010 by these Rules are made under or in consequence of and to support certain provisions of the Children and Families Act 2014 (c.6) ("the 2014 Act"). The amendments also adjust service rules applicable to certain private law children proceedings.

In particular, the Rules amend the FPR 2010 as follows:

  1. to provide for a court process for proceedings for orders under new section 51A(2) of the Adoption and Children Act 2002 (c.38) as inserted by section 9 of the 2014 Act relating to post-adoption contact and variation and revocation of these orders;
  2. to make rules under and amend rules in consequence of section 10 of the 2014 Act which creates a new statutory requirement for a prospective applicant to attend a family mediation information and assessment meeting before making certain family applications; 
  3. to make amendments in consequence of section 12 of the 2014 Act which replaces contact orders and residence orders with new child arrangements orders and on Schedule 2 to the 2014 Act which makes consequential amendments to primary legislation in relation to the new orders; 
  4. to make amendments in consequence of the requirements relating to expert evidence and children proceedings being contained in section 13 of the 2014 Act instead of rules of court; 
  5. to adjust the court process in consequence of the requirement inserted by section 14 of the 2014 Act into section 32 of the Children Act 1989 (c.41) for care and supervision proceedings and other proceedings under Part 4 of the 1989 Act to be resolved within 26 weeks and to facilitate the resolution of proceedings within that period; 
  6. to make amendments in consequence of the repeal by section 17 of the 2014 Act of section 41 of the Matrimonial Causes Act 1973 (c.18) and section 63 of the Civil Partnership Act 2004 (c.33); and 
  7. to create a duty on the court officer to serve applications and certain accompanying documents in certain private law children matters.

Family Proceedings Fees (Amendment) Order 2014, SI 2014/877

This Order amends the Family Proceedings Fees Order 2008 (S.I. 2008/1054).

It increases fees payable in family proceedings.

It incorporates those fees relating to family proceedings which have been removed from the Magistrates' Courts Fees Order 2008 (S.I. 2008/1052) on the establishment of the single family court.

Where fee 2.2 has been paid before this order comes into force, a refund of £1,360 is payable if a final order is made at a case management conference or case management hearing.

The schedule to this Order contains a new schedule showing all the fees payable in family proceedings.


Justices' Clerks and Assistants Rules 2014, SI 2014/603

These Rules authorise justices' clerks and assistants to justices' clerks to carry out certain functions of the new single family court. These Rules require justices' clerks and assistants to justices' clerks to refer matters back to the court where it would be inappropriate to carry out an authorised function.
These Rules are made as part of the establishment of the single family court.

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