The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

Extract

---

The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

Statutory Instruments

Magistrates’ Courts, England And Wales

Made

27 th May 2011

Laid before Parliament

27 th May 2011

Coming into force

18 th June 2011

The Lord Chief Justice, with the concurrence of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by section 144 of the Magistrates’ Courts Act 1980(1) , having consulted the rule committee appointed under section 144(A1) of that Act:

PART 1 INTRODUCTORY

Citation and commencement

1.  These Rules may be cited as the Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 and shall come into force on 18 th June 2011.

Interpretation

2.  In these Rules—

“the 1950 Act” means the Maintenance Orders Act 1950(2);

“the 1958 Act” means the Maintenance Orders Act 1958(3);

“the 1972 Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972(4);

“the 1980 Act” means the Magistrates’ Courts Act 1980;

“the 1986 Act” means the Family Law Act 1986(5);

“the 1989 Act” means the Children Act 1989(6);

“the 1996 Act” means the Family Law Act 1996(7);

“the FPR” means the Family Procedure Rules 2010(8);

“designated officer” has the meaning given in section 37(1) of the Courts Act 2003(9);

“justices’ clerk” has the meaning given in section 27(1) of the Courts Act 2003(10);

“legal representative” means a—

barrister;

solicitor;

solicitor’s employee;

manager of a body recognised under section 9 of the Administration of Justice Act 1985(11); or

a person who, for the purposes of the Legal Services Act 2007(12) is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act) ,

who has been instructed to act for a party in relation to proceedings;

“the Forms Practice Direction” means the practice direction issued by the Lord Chief Justice listing the forms to be used in relation to the matters to which provisions in these Rules relate;

“the register” means the register kept in accordance with rule 66 of the Magistrates’ Courts Rules 1981(13); and

“statement of truth” means a statement as follows “[I believe] [the applicant believes] that the facts stated in this document are true.”.

Application of these Rules

3.—(1) These Rules apply to the proceedings referred to in rules 4 to 81 in a magistrates’ court.

(2) Nothing in these Rules is to be construed as conferring upon a magistrate a function which a magistrate is not permitted by statute to perform.

PART 2 GENERAL PROVISION

CHAPTER 1 PROCEEDINGS WHERE THE FPR ARE NOT APPLIED

Application of this Chapter

4.  This Chapter applies in respect of Parts 3 and 4 , rule 54 , Chapter 2 of Part 5 and rules 73 , 77 and 79.

The overriding objective

5.—(1) The provisions to which this Part applies have the overriding objective of enabling the court to deal with cases justly, having regard to any welfare issues involved.

(2) Dealing with a case justly includes, so far as is practicable—

(a) ensuring that it is dealt with expeditiously and fairly;

(b) dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues;

(c) ensuring that the parties are on an equal footing;

(d) saving expense; and

(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

Application by the court of the overriding objective

6.  The court must seek to give effect to the overriding objective when it—

(a) exercises any power given to it by the provisions to which this Part applies; or

(b) interprets any such provision.

Duty of the parties

7.  The parties are required to help the court to further the overriding objective.

Court’s duty to manage cases

8.—(1) The court must further the overriding objective by actively managing cases.

(2) Active case management includes—

(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;

(b) identifying at an early stage—

(i) the issues; and

(ii) who should be a party to the proceedings;

(c) deciding promptly—

(i) which issues need full investigation and hearing and which do not; and

(ii) the procedure to be followed in the case;

(d) deciding the order in which issues are to be resolved;

(e) encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure;

(f) helping the parties to settle the whole or part of the case;

(g) fixing timetables or otherwise controlling the progress of the case;

(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;

(i) dealing with as many aspects of the case as it can on the same occasion;

(j) dealing with the case without the parties needing to attend at court;

(k) making use of technology; and

(l) giving directions to ensure that the case proceeds quickly and efficiently.

The court’s general powers of managem...

See the full content of this document

---