The Family Procedure (Amendment No. 3) Rules 2017
| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/1033 |
| Year | 2017 |
2017 No. 1033 (L. 14)
Family Proceedings
Senior Courts Of England And Wales
Family Court, England And Wales
The Family Procedure (Amendment No. 3) Rules 2017
Made 23th October 2017
Laid before Parliament 30th October 2017
Coming into force 27th November 2017
The Family Procedure Rule Committee makes the following Rules in exercise of the powers conferred by sections 75, 76(8) and 79(2) of the Courts Act 20031, after consulting in accordance with section 79(1) of that Act:
Citation and commencement
1. These Rules may be cited as the Family Procedure (Amendment No. 3) Rules 2017 and come into force on 27th November 2017.
Amendment of the Family Procedure Rules 2010
2. The Family Procedure Rules 20102are amended in accordance with rule 3.
Insertion of new Part 3A
3. After Part 3 (Non-court Dispute Resolution) insert—
“PART 3A
VULNERABLE PERSONS: PARTICIPATION IN PROCEEDINGS AND GIVING EVIDENCE
Interpretation
3A.1. In this Part—
“child” means a person under the age of 18 years whether or not the child is the subject of the proceedings, except that—
(a) in adoption proceedings, it also includes a person who is the subject of proceedings and has attained the age of 18 years before the proceedings are concluded; and
(b) in proceedings brought under Article 11 of the Council Regulation3, the 1980 Hague Convention4or the European Convention5, it means a person under the age of 16 years who is the subject of proceedings;
“intermediary” means a person whose function is to—
(a) communicate questions put to a witness or party;
(b) communicate to any person asking such questions the answers given by the witness or party in reply to them; and
(c) explain such questions or answers so far as is necessary to enable them to be understood by the witness or party or by the person asking such questions;
“live link” means a live television link or other arrangement whereby a witness or party, while absent from the courtroom or other place where the proceedings are being held, is able to see and hear a person there and to be seen and heard by the judge, legal representatives acting in the proceedings and other persons appointed to assist a witness or party;
“mental disorder” has the meaning given in section 1 of the Mental Health Act 19836;
“participation direction” means—
(a) a general case management direction made for the purpose of assisting a witness or party to give evidence or participate in proceedings; or
(b) a direction that a witness or party should have the assistance of one or more of the measures in rule 3A.8; and
references to “quality of evidence” are to its quality in terms of completeness, coherence and accuracy; and for this purpose “coherence” refers to a witness’s or a party’s ability in giving evidence to give answers which address the questions put to the witness or the party and which can be understood both individually and collectively.
Application of provisions in this Part
3A.2.—(1) Rule 3A.4 does not apply to a party who is a child.
(2) Rules 3A.3 to 3A.5 do not apply to a party who is a protected party.
Court’s duty to consider vulnerability of a party or witness
3A.3.—(1) When considering the vulnerability of a party or witness as mentioned in rule 3A.4 or 3A.5, the court must have regard in particular to the matters set out in paragraphs (a) to (j) and (m) of rule 3A.7.
(2) Practice Direction 3AA gives guidance about vulnerability.
Court’s duty to consider how a party can participate in the proceedings
3A.4.—(1) The court must consider whether a party’s participation in the proceedings (other than by way of giving evidence) is likely to be diminished by reason of vulnerability and, if so, whether it is necessary to make one or more participation directions.
(2) Before making such participation directions, the court must consider any views expressed by the party about participating in the proceedings.
Court’s duty to consider how a party or a witness can give evidence
3A.5.—(1) The court must consider whether the quality of evidence given by a party or witness is likely to be diminished by reason of vulnerability and, if so, whether it is necessary to make one or more participation directions.
(2) Before making such participation directions, the court must consider any views expressed by the party or witness about giving evidence.
Protected parties
3A.6.—(1) The court must consider whether it is necessary to make one or more participation directions to assist—
(a)
(a) the protected party participating in proceedings; or
(b)
(b) the protected party giving evidence.
(2) Before making such participation directions, the court must consider any views expressed by the protected party’s litigation friend about the protected party’s participation in the proceedings or that party giving evidence.
(Part 15 contains rules about representation of a protected party. Practice Direction 15B contains provisions about the ability of a protected party to give evidence.)
What the court must have regard to
3A.7. When deciding whether to make one or more participation directions the court must have regard in particular to—
(a) the impact of any actual or perceived intimidation, including any behaviour towards the party or witness on the part of—
(i) any other party or other witness to the proceedings or members of the family or associates of that other party or other witness; or
(ii) any members of the family of the party or witness;
(b) whether the party or...
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