Rules of court for Children Act 1989: CA 1989 s. 93
Authorises rule-making bodies to create court rules for implementing the Children Act 1989, including procedure, representation, and notice requirements.
An authority having power to make rules of court may make such provision for giving effect to— this Act; the provisions of any statutory instrument made under this Act; or any amendment made by this Act in any other enactment, as appears to that authority to be necessary or expedient. The rules may, in particular, make provision— with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced); as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court; for children to be separately represented in relevant proceedings, with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . with respect to preliminary hearings; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . enabling the court, in such circumstances as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (2)— “ notice of proceedings ” means a summons or such other notice of proceedings as is required; and “ given ”, in relation to a summons, means “served”; “ prescribed ” means prescribed by the rules; and “ relevant proceedings ” means any application made, or proceedings brought, under any of the provisions mentioned in paragraphs (a) to (c) of subsection (1) and any part of such proceedings. This section and any other power in this Act to make rules of court are not to be taken as in any way limiting any other power of the authority in question to make rules of court. When making any rules under this section an authority shall be subject to the same requirements as to consultation (if any) as apply when the authority makes rules under its general rule making power.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives any authority that normally makes court rules the power to make rules needed to put the Children Act 1989 into effect. That includes rules about how applications are made, who can take part in proceedings (as a party or by making representations), separate representation for children, what documents and information must be provided, notices that must be given, preliminary hearings, and allowing the court to proceed without notice to the respondent in prescribed circumstances.
The term 'relevant proceedings' means any application or proceedings brought under the Act itself, under any statutory instrument made under it, or under any amendment made by the Act to another enactment. 'Prescribed' means set out in the rules. 'Notice of proceedings' includes a summons or other required notice; 'given' in relation to a summons means 'served'.
This power does not limit any other rule-making power the authority may have. When making rules under this section, the authority must follow the same consultation requirements that apply to its general rule-making power.
When it applies
- A court needs to create rules for how applications for care orders are filed and processed.
- The Family Procedure Rules Committee wants to specify who can be a party in child-related proceedings.
- A rule is made allowing a child to be separately represented in proceedings under the Act.
- A rule allows the court to proceed on an application even though the respondent has not been given notice, in certain circumstances.
- A rule sets out the documents and information that must be furnished in adoption proceedings under the Act.
What this section does not say
- This section does not set out the specific procedures for applying for a particular order, such as a contact order – those are in the rules themselves.
- It does not determine the outcome of any case or give any rights to individuals.
- It does not directly amend any other enactment; it only provides power to make rules that may give effect to amendments.
- It does not specify which authority has the power to make rules for which court – that depends on other legislation.
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This page reproduces the text of CA 1989 s. 93 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.