2013 No. 1472 (L. 15)
Senior Courts Of England And Wales
County Courts, England And Wales
Magistrates’ Courts, England And Wales
The Family Procedure (Amendment No. 2) Rules 2013
Made 13th June 2013
Laid before Parliament 17th June 2013
Coming into force 8th July 2013
Citation and commencement
1. These rules may be cited as the Family Procedure (Amendment No. 2) Rules 2013 and come into force on 8th July 2013.
Amendments to the Family Procedure Rules 2010
2. The Family Procedure Rules 2010(3) are amended in accordance with rules 3 to 6.
3. In rule 2.3(1)—
(a)in the definition of “financial order”—
(i)at the end of sub-paragraph (h), omit “or”;
(ii)at the end of sub-paragraph (i), for “;” substitute—
(j)an order for payment in respect of legal services;” and
(b)after the definition of “order for maintenance pending suit”, insert—
““order for payment for legal services” means an order under section 22ZA of the 1973 Act or an order under paragraph 38A of Part 8 of Schedule 5 to the 2004 Act;”.
4. In rule 9.7—
(a)in paragraph (1), at the end of sub-paragraph (d), for “; or” substitute—
“(da)an order for payment in respect of legal services; or”;
(b)For paragraph (2) substitute—
“(2) An application for an order mentioned in paragraph (1) shall be made using the Part 18 procedure.”
5. In rule 18.8(1)(b)(i), omit “interim”.
6. In rule 28.3(4)(b)(i), after “an interim periodical payments order” insert “, an order for payment in respect of legal services”.
Lucy Theis, J.
I allow these Rules
13th June 2013
(This note is not part of the Order)
These rules amend the Family Procedure Rules 2010 by amending the definition of a “financial order” in rule 2.3(1) so that it includes an order for payment in respect of legal services under section 22ZA of the Matrimonial Causes Act 1973(4) or Part 8 of Schedule 5 to the Civil Partnership Act 2004(5), in consequence of the commencement of sections 49 to 54 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. These rules also make consequential amendments to other rules so that they cover orders for payment in respect of legal services appropriately.
A full impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.