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The Justices’ Clerks and Assistants Rules 2014

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Justices’ Clerks and Assistants Rules 2014 No. 603

Rule 3

SCHEDULE

FPR rule 3.2
FPR rule 3.3
FPR rule 4.1(3)Except 4.1(3)(e), (g), (i), (l), (m)
FPR rule 4.3(2)
FPR rule 4.3(5)
FPR rule 4.7(a) and (b)
FPR rule 6.24(2)
FPR rule 6.26(5)
FPR rule 6.32
FPR rule 6.36
MCA, section 1(3)Only in undefended cases
MCA, sections 1(4) and 1(5)Only in undefended cases, and only the making “absolute” of decrees of divorce
MCA, section 6(2)Only where the parties consent to the adjournment
MCA, sections 10A(2) and (3)Only in an application under section 10A(2) to which the other party consents
MCA, section 17(2)Only in undefended cases
CPA, section 37(1)(a) and (d)Only in undefended cases, and only the making “final” of such orders
CPA, section 42(3)Only where the parties consent to the adjournment
CPA, sections 44(2) and (4)Only in undefended cases
FPR rule 7.14(1)Only if the parties consent to the court giving such permission
FPR rule 7.20(2)
FPR rule 7.20(3)
FPR rule 7.20(5)
FPR rule 7.30(1)(d)(ii) and (3)Only where the application under section 10A(2) was made on consent
FPR 7.32(2)
FPR rule 8.20(4)Only where the parties consent to the person being made a respondent and where the person is not a child
FPR rule 9.18
FPR rule 9.20
FPR rule 9.26
FPR rule 10.3(1)
FPR rule 10.6(2)
FPR rule 10.7
FPR rule 12.3(2)Only where the parties consent to the person being made a respondent and where the person is not a child
FPR rule 12.3(3)Only where the parties consent to the person being made a respondent and where the person is not a child
FPR rule 12.3(4)Only where otherwise authorised to add or remove the person as a party
FPR rule 12.4(5)Only where the parties consent to the person being made a respondent and where the person is not a child
FPR rule 12.5
FPR rule 12.6(a)-(c)
Children Act 1989(1), section 7(1) and FPR rule 12.6(d)
FPR rule 12.12
FPR rule 12.13(1)
FPR rule 12.13(2)
FPR rule 12.14(3) and (4)
FPR rule 12.15
FPR rule 12.16(6)
FPR rule 12.16(7)
FPR rule 12.19(2) and (3)
FPR rule 12.21(1)
FPR rule 12.73(1)(b)
Practice Direction 12G, paragraph 1.2
Practice Direction 12J, paragraph 3
Practice Direction 12J, paragraph 5
Practice Direction 12J, paragraph 6
Practice Direction 12J, paragraph 12
Practice Direction 12J, paragraph 16
FPR rule 12.23
FPR rule 12.24
FPR rule 12.25
FPR rule 12.26
FPR rule 12.29
FPR rule 12.30
Children Act 1989, section 41
Children Act 1989, sections 10(1) and (2)

Only where—

(a) a previous such order has been made in the same proceedings;

(b) the terms of the order sought are the same as those of the last such order made;

(c) the order is an order in the course of proceedings and does not dispose finally of the proceedings; and

(d) a written request for such an order has been made and—

(i) the other parties and any children’s guardian consent to the request and they or their legal representatives have signed the request; or

(ii) at least one of the other parties and any children’s guardian consent to the request and they or their legal representatives have signed the request, and the remaining parties have not indicated that they either consent to or oppose the making of the order.

Children Act 1989, section 38(1)

Only where—

(a) a previous such order has been made in the same proceedings;

(b) the terms of the order sought are the same as those of the last such order made; and

(c) a written request for such an order has been made and—

(i) the other parties and any children’s guardian consent to the request and they or their legal representatives have signed the request; or

(ii) at least one of the other parties and any children’s guardian consent to the request and they or their legal representatives have signed the request, and the remaining parties have not indicated that they either consent to or oppose the making of the order.

FPR rule 12.31
FPR rule 13.3(3)
FPR rule 13.3(4)
FPR rule 13.3(5)
FPR rule 13.5
FPR rule 13.8
FPR rule 13.9(1)Except 13.9(1)(e) and (f)
FPR rule 13.9(3)
FPR rule 13.9(6)
FPR rule 13.9(8)
FPR rule 13.9(9)
FPR rule 13.11(1)
FPR rule 13.14
FPR rule 13.16
FPR rule 13.17
FPR rule 13.21(1)
FPR rule 13.21(4)
FPR rule 13.22(4)
FPR rule 14.2(3)Only where the applicant consents to the removal
FPR rule 14.3(2)Only where the parties consent to the child being made a respondent
FPR rule 14.3(3)Only where the parties consent to the person or body being made a respondent or to a party being removed, as the case may be, and only where the person being made a respondent or being removed as a party is not a child
FPR rule 14.3(4)Only where such directions are consequential on directions made under FPR rule 14.3(2) or (3)
FPR rule 14.5(2)(b) and (3)
FPR rule 14.6(1)
FPR rule 14.6(2)(a)
FPR rule 14.6(2)(b)
FPR rule 14.6(3)(b)
FPR rule 14.6(4)
FPR rule 14.7
FPR rule 14.8(1)Except 14.8(1)(d)
FPR rule 14.8(4)
FPR rule 14.8(6)
FPR rule 14.8(7)
FPR rule 14.9(4)(b)
FPR rule 14.10(2)
FPR rule 14.14
FPR rule 14.16(4) and (7)
FPR rule 14.18
FPR rule 14.20
FPR rule 14.26(1)
FPR rule 14.27(2)
Practice Direction 14E, paragraph 1.2
FPR rule 15.6(3)
FPR rule 15.6(5)
FPR rule 15.8(1)(b)
FPR rule 15.9
Practice Direction 15B
FPR rule 16.3
FPR rule 16.3(2), (3) and (4)Only in relation to specified proceedings as defined in the Children Act 1989, section 41(6)
FPR rule 16.4
FPR rule 16.11(3)
FPR rule 16.11(5) and (6)
FPR rule 16.21
FPR rule 16.24
FPR rule 16.30
FPR rule 16.33
FPR rule 16.34
FPR rule 17.3(2)
FPR rule 17.4
FPR rule 17.5
FPR rule 18.3(1)(c)Only where the parties consent to the person being made a respondent and where the person being made a respondent is not a child
FPR rule 18.4(2)(b)
FPR rule 18.5(2)(c)
FPR rule 18.8(4)
FPR rule 18.9(1)Only where authorised by these Rules to deal with the application with a hearing
Practice Direction 18A, paragraph 8.1
Practice Direction 18A, paragraph 10.1
Practice Direction 18A, paragraph 11.2
FPR rule 19.1(3)
FPR rule 19.4(4)
FPR rule 19.6(2)
FPR rule 19.8(1)(b)
FPR rule 19.8(3)
FPR rule 19.9(2)
Practice Direction 19A, paragraphs 4.1 and 4.4
FPR rule 21.2(3)Only where the parties consent to the application for disclosure
Practice Direction 21A, paragraph 2.4
FPR rule 22.1(1)
FPR rule 22.3
FPR rule 22.5
FPR rule 22.7(1)
FPR rule 22.9
FPR rule 22.10
Practice Direction 22A, paragraph 5.3
FPR rule 23.4(1)
FPR rule 23.6(8)
The Act, section 31G(2)
FPR rule 24.3
FPR rule 24.4(2)
FPR rule 24.7
FPR rule 24.8
FPR rule 24.9
FPR rule 24.10
FPR rule 24.11(3)
FPR rule 24.13
FPR rule 25.4
FPR rule 25.8
FPR rule 25.9
FPR rule 25.10(2)
FPR rule 25.10(3)
FPR rule 25.10(4)
FPR rule 25.11
FPR rule 25.12
FPR rule 25.13
FPR rule 25.16
FPR rule 25.17
FPR rule 25.18
FPR rule 25.19
Practice Direction 25A, paragraph 2.1
Practice Direction 25B, paragraphs 10.1 and 10.2
Practice Direction 25E, paragraph 4.1
FPR rule 26.3
FPR rule 26.4
FPR rule 27.3
FPR rule 27.4
FPR rule 27.7
FPR rule 29.1
FPR rule 29.4
FPR rule 29.11
FPR rule 29.14
FPR rule 29.15Only where the order in question is one which the justices’ clerk or assistant justices’ clerk made
FPR rule 29.16Only where the order in question is one which a justices’ clerk or assistant justices’ clerk made

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