Appendix 2
S.I. 2003/2960: memorandum from the Department
for Constitutional Affairs
Family Proceedings Courts (Constitution) (Greater
London) Rules 2003 (S.I. 2003/2960)
1. The Department for Constitutional Affairs submits
this memorandum in response to the request dated 9th December
2003 on the point set out below:
Rule 3(2) provides that nothing in these Rules
shall affect any proceedings that are pending (within the meaning
of paragraph 1 of Schedule 14 to the 1989 Act) immediately before
these Rules come into force. Explain the purpose and effect of
this provision with particular reference to the significance of
the words in brackets.
2. These Rules will come into force on 1st
January 2004. They effectively replicate the Family Proceedings
Courts (Constitution) (Metropolitan Areas) Rules 1991 (the Metropolitan
Rules) (S.I. 1991/1426) but instead of only applying, as
the Metropolitan Rules did, to the Inner London areas they will
apply to the whole of the Greater London Commission Area. Rule
3(2) of the new Rules is reproduced from rule 1(3) in the Metropolitan
Rules.
3. The Department accepts that the words in brackets,
which import the definition of pending proceedings from paragraph
1 of Schedule 14 to the 1989 Act, refer to proceedings pending
at the commencement of that Act. There will not be any such proceedings
extant, and this definition is therefore incorrect.
4. The Department also accepts that since the constitution
and powers of the family panel hearing these proceedings will
be unchanged the savings provision is unnecessary and should not
have been included.
5. The Department apologises for this error.
11th December 2003
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