June 2005

    Bulletin No 86

    Butterworths Family and Child Law Bulletin

    Fam LS 2005.86

    April/May 2005

    Bulletin Editor:- Jonathan Montgomery, BA, LLM
    Professor of Law, University of Southampton
    Butterworths Family and Child Law Bulletin provides an immediate
    updating service for the main text of Butterworths Family Law
    Service and Clarke Hall and Morrison on Children. The Bulletin is
    published every month and sent to subscribers to those
    publications.

    References to BFLS and CHM above each case are to the relevant
    paragraphs in Butterworths Family Law Service and Clarke Hall and
    Morrison on Children.

    Private law

    Case should be heard despite mother’s illness

    Blunkett v Quinn [2005] 1 FCR 103

    Blunkett v Quinn [2005] 1 FCR 103 concerned an appeal by the mother
    of the child against the refusal of the district judge to adjourn
    proceedings. Her application for the adjournment was based on the
    fact that she was unwell and pregnant. Ryder J found that it would
    not breach her rights to a fair trial to proceed with the case. She
    seemed to be able to give instructions. Delay would have damaged
    the relationship between David Blunkett and the child. There was no
    guarantee that the health issues would soon be resolved (they may
    have been induced by the stress of the litigation and could recur
    when it was resumed). It would be an abrogation of the
    court’s responsibility for the rights of the child to fail to
    advance the resolution of the issues for four months. There should
    be active case management to resolve the paternity issues in the
    case.

    Comment: This much-discussed case did not, as
    journalists seem to have suggested, concern an application for DNA
    testing or for residence by the former Home Secretary, David
    Blunkett. Ryder J gave the judgment in public so that false
    impressions could be corrected. He found that this was the most
    proportionate option available, and reduced the interference into
    the private lives of the parties by hearing the appeal in private
    and excluding unnecessary personal material from the judgment. He
    was careful to stress that the case had not in any way been fast
    tracked because the protagonists were in the public eye.

    Wife’s move supported

    Re S (children: application for removal from jurisdiction)
    [2004] EWCA Civ 1724, [2005] 1 FCR 471

    In Re S (children: application for removal from jurisdiction)
    [2004] EWCA Civ 1724, [2005] 1 FCR 471 a mother sought permission
    to relocate with the children from Halifax, where she had no ties,
    to Spain, where her mother and brother were already well
    established. She planned to invest in property there and had
    arranged private education for the two girls, funded partly by
    herself and partly by her mother. She offered the father contact
    over long weekends and the school holidays. The father currently
    worked as a consultant for a German bank, commuting weekly to
    Germany at the firm’s expense and also travelling extensively
    abroad. He attacked the mother’s plans as unrealistic and
    impugned her motive, saying that contact would suffer. He did not
    appear to the recorder as having researched the possibilities of
    contact. The recorder refused the mother permission to relocate. He
    noted that the move to Spain was a matter of choice not necessity,
    contrasting this with earlier cases. The Court of Appeal held that
    this was a misdirection. The mother had a perfectly natural desire
    after the breakdown of a short marriage to rejoin her own family.
    The unusual factor of the case was that her own family had
    themselves relocated to Spain. Even if it had been merely a matter
    of lifestyle choice, the principles set out in Payne v Payne [2001]
    EWCA Civ 166 would still apply. There were some aspects of the case
    requiring further comment. The wife’s case did not set out
    the impact upon her of a refusal to permit her to go abroad, which
    would normally be expected. It could be inferred that the isolation
    she experienced in Halifax would be damaging to her and her
    relationship with the children. The father’s commitment to
    contact was less than in some cases. He had already established a
    pattern of contact on alternate weekends and had only sought
    holiday contact once the case was started. He seemed not to have
    contemplated altering the pattern of his work life so as to
    facilitate contact despite emphasising its importance to his case.
    The recorder had misdirected himself as to the proper legal test.
    The Court of Appeal granted the mother permission to relocate, her
    departure to be deferred until arrangements for contact had been
    defined either by agreement or by further order of the court.

    Comment: The Court of Appeal reiterated the
    principle, set out in Payne v Payne, that the courts should not
    obstruct reasonable plans for parents with resident to move their
    lives forward. There was an understandable rationale behind the
    mother’s relocation plans and they had been thought through
    and planned. The father’s objections were not based on a
    similar degree of planning and the Court of Appeal clearly felt
    some concern that he was raising the difficulties of contact as
    much to disrupt the mother’s plans as to further the
    interests of the children. It drew attention to the relative lack
    of interest that he had previously shown. The recorder’s
    suggestion that the mother’s decision to move abroad was
    essentially a lifestyle choice – a preference rather than a
    practical necessity – was seen as overplayed. The legal
    questions to be asked remained the same. However, it is possibly
    still the case that were the move to have been no more than
    convenience, that the courts would have been more reluctant to
    sanction it. The Court of Appeal noted that the relocation to Spain
    was not arbitrary and that staying in Halifax would have had an
    adverse effect on the mother. That these were relevant factors
    suggests that the courts would be reluctant to permit contact
    between children and their non-residential parents to be disrupted
    on mere whim.

    Public authorities’ liability

    Liability for failing to diagnose special needs
    accurately

    Carty v Croydon LBC [2005] EWCA Civ 19, [2005] 1 FCR
    554

    In Carty v Croydon LBC [2005] EWCA Civ 19, [2005] 1 FCR 554 the
    Court of Appeal considered the law on liability in tort of
    education authorities for failure to secure the welfare of children
    with special educational needs. The claimant contended that the
    authority had failed to reassess and amend his statement of needs
    when a school placement broke down in 1988 and in leaving him at
    the school to which he was sent on the basis of the unamended
    statement when it became apparent that it was not going well
    (1991–1993). It was noted that there was no action for
    compensation for breach of statutory duty under the Education Act
    1981 (now the Education Act 1993) because that had not been the
    intention of Parliament (see Phelps v London Borough of Hillingdon,
    Anderton v Clwyd CC, Jarvis v Hampshire CC [2000] 3 FCR 102). It
    was possible for an independent action to lie at common law for
    negligence. The court had to consider first whether the issue was
    justiciable. This matter was not determined simply by asking
    whether the decisions in question involved the exercise of
    discretion. Decisions would not normally be justiciable where
    competing public interests had to be weighed against each other by
    a public body to whom the responsibility for that balance had been
    entrusted by Parliament (Barrett v Enfield London Borough Council
    [1999] 2 FCR 434) but such cases would be relatively rare and this
    case was not in that category. Nor would mere failure to perform a
    statutory duty give rise to a common law negligence claim (Gorringe
    v Calderdale Metropolitan Borough Council [2004] UKHL 15). If
    decisions were justiciable then the court would need to consider
    whether damage was reasonably foreseeable, proximity between the
    claimant and the authority, and whether it was just and reasonable
    to impose a duty of care. Most cases involving the management of
    education or care responsibilities would turn on potential
    vicarious liability (see Barrett and Phelps). Where a discretion
    was exercised that was heavily influenced by policy then it would
    be unlikely to be negligent unless it was a decision that no
    reasonable authority could have made. Where, however, it involved
    the exercise of professional skill in relation to an individual
    child, then the court would judge negligence against the practices
    accepted as proper by a responsible body of professional opinion
    (the test set out in Bolam v Friern Hospital Management Committee
    [1957] 2 All ER 118). If a member of the authority’s staff
    was negligent, then the authority could be vicariously liable.
    There was no blanket immunity for teachers on policy grounds. For
    the purposes of the liability rules, education officers were
    professionals for whom on the authority could be vicariously
    liable. The court had, therefore, to consider the substance of the
    decisions made.

    Taxation

    (Notes contributed by Philip Wylie, tax editor of
    BFLS)

    The following is a summary of the principal changes affecting
    taxation of the family which were either announced or confirmed in
    the Budget on 16 March 2005.

    Income Tax

    Rates for 2004/05 and 2005/06

    2004/05

    starting rate – 10% on the first £2,020 of taxable
    income

    basic rate – 22% on taxable income from £2,021 to
    £31,400

    higher rate – 40% on taxable income over £31,400

    2005/06

    starting rate – 10% on the first £2,090 of taxable
    income

    basic rate – 22% on taxable income from £2,091 to
    £32,400

    higher rate – 40% on taxable income over £32,400

    The rate of tax on dividend income plus the related tax credit is
    10% for a taxpayer who is not liable to higher rate income tax, and
    32.5% for a taxpayer who is. The rate of tax on certain other
    savings income, mainly interest, is 10% if the income is wholly
    within the starting rate band, 20% (rather than 22%) if the income
    is within the basic rate band, and 40% for a taxpayer who is liable
    to higher rate income tax.

    For 2005/06 the trust rate of tax, payable mainly by discretionary
    and accumulation trusts, remains at 40%, and the Sch F (dividends)
    trust rate remains at 32.5%.

    Personal reliefs for 2005/06 (2004/05 reliefs in
    brackets)

    personal allowance

    under 65 – £4,895 (£4,745)

    65–74 – £7,090 (£6,830)

    75+ – £7,220 (£6,950)

    married couple’s allowance for those over 65 before 6 April
    2000 (restricted to tax relief at 10%)

    65–74 – £5,905 (£5,725)

    75+ – £5,975 (£5,795)

    minimum allowance £2,280 (£2,210)

    The personal and married couple’s allowance for the over 65s
    are reduced by one half of excess of total income over £19,500
    (£18,900 in 2004/05), but they can never be reduced below the
    ordinary personal allowance or the minimum married couple’s
    allowance.

    Blind person’s allowance has been increased from £1,560
    to £1,610.

    Maintenance payments

    For those few maintenance payments which continue to qualify for
    income tax relief (a pre-condition is that one spouse must have
    been over 65 before 6 April 2000), the maximum amount on which a
    10% tax credit can be claimed is £2,280 (£2,210 in
    2004/05).

    Working tax credit and child tax credit

    The working tax credit and child tax credit rates and thresholds
    for 2004/05 and 2005/06 are:

    2004/05 2005/06

    Working Tax Credit  

    Basic element – £1,570 £1,620

    Couple and lone parent element – £1,545 £1,595

    30 hour element – £640 £660

    Disabled worker element – £2,100 £2,165

    Severe disability element – £890 £920

    50+ return to work payment – (16-29
    hours) £1,075 £1,110

    50+ return to work payment – (30+
    hours) £1,610 £1,660

    Childcare element of the Working Tax Credit  

    Maximum eligible cost for one child per week
    – £135 £175

    Maximum eligible cost for two or more   

    children per week £200 £300

    % of eligible childcare costs covered £70 £70

    Child Tax Credit  

    Family element – £545 £545

    Family element, baby addition – £545 £545

    Child element – £1,625 £1,690

    Disabled child element – £2,215 £2,285

    Severely disabled child element £890 £920

    Tax credits income thresholds and withdrawal rates  

    First income threshold £5,060 £5,220

    First withdrawal rate (per cent) 37% 37%

    Second income threshold £50,000  £50,000

    Second withdrawal rate (per cent) 6.67% 6.67%

    First threshold for those only entitled to
    CTC £13,480 £13,910

    Income disregard £2,500 £2,500

    Capital gains tax

    For 2005/06 the annual exemption is increased from £8,200 to
    £8,500. The CGT rates remain unaltered at 10%, 20%, and
    40%.

    Inheritance tax

    The inheritance tax threshold is increased from £263,000 to
    £275,000 for tax charges arising on or after 6 April 2005. The
    threshold for the following two years has also been announced as
    £285,000 for 2006/07 and £300,000 for 2007/08.

    Stamp Duty and Stamp Duty Land Tax

    The threshold for stamp duty land tax on residential property has
    been raised to £120,000, applicable to transactions the
    effective date of which is on or after 17 March 2005 (there is no
    change to the £150,000 threshold for residential transactions
    in designated disadvantaged areas). SDLT is therefore only payable
    if the consideration exceeds £120,000, but there is no
    marginal relief. There is no change to the rates of SDLT, or to the
    3% threshold (£250,000) or 4% threshold (£500,000).

    If, exceptionally, a sale of residential property remains subject
    to stamp duty, the threshold is raised to £120,000. Subject to
    that, the rates of stamp duty are unaltered.

    Civil partnerships

    From 5 December 2005 a same-sex couple will be able to register
    their partnership and attract the same legal consequences as if
    they were a married couple. That has consequences for their tax
    liabilities. Accordingly the government has announced that
    legislation will be implemented, taking effect from 5 December
    2005, which will ensure that the tax treatment of a registered
    civil partnership will mirror that of a married couple. In a Budget
    summary press release the principal effects were stated as:

    ‘— Transfers between civil partners in lifetime or on
    death will generally be exempt from inheritance tax without
    limit.

    — Only one property owned by a couple who are civil partners,
    whether that property is owned solely or jointly, may be treated as
    the principal private residence of either of them at any time for
    the purposes of capital gains tax private residence relief.

    — Transfers of assets between persons who are civil partners
    who are living together will be on a no-gain no-loss of basis for
    capital gains tax purposes.

    — Pension tax legislation will be amended so that references
    to husband, wife, ex-husband, ex-wife, spouse, ex-spouse, surviving
    spouse, widow, widower will now include civil partner, former civil
    partner and surviving civil partner under the terms of the
    CPA.

    — There will be an exemption from stamp duty and stamp duty
    land tax for transactions carried out in connection with the
    dissolution of a civil partnership so that transfers of shares or
    the transfer of the partners’ home from joint ownership into
    the sole ownership of one of the ex-partners is exempt.

    — Where one of the partners was born before 6 April 1935 the
    partners will be entitled to an allowance equivalent to the married
    couple’s allowance.

    — Anti-avoidance legislation will be extended to include
    civil partners in the same way as spouses, including the
    legislation relating to settlements, company control and the
    transfer of assets abroad.’

    Statute

    Mental Capacity Act 2005 (c 9)

    This Act makes provision for medical treatment of those unable to
    consent for themselves, including the appointment of lasting powers
    of attorney.

    Statutory Instruments

    The Family Proceedings Fees (Amendment) Order 2005, SI
    2005/472

    Under art 3(2)(b) of the Family Proceedings Fees Order 2004, SI
    2004/3114, there is a maximum gross annual income taken into
    account for the purposes of working tax credit, above which working
    tax credit will not be a qualifying benefit for the purposes of
    exemption from court fees under the Order. This Order amends that
    maximum gross annual income, from £14,600 to £15,050 with
    effect from 6 April 2005.

    The Children (Allocation of Proceedings) (Amendment) Order
    2005, SI 2005/520

    This Order came into force on 1 April 2005. Exeter County Court has
    become a Care Centre as defined in art 2 of the Children
    (Allocation of Proceedings) Order 1991. A Care Centre is a county
    court designated for the purpose of hearing cases under Parts III,
    IV or V of the Children Act 1989. This Order effects this change
    and amends the 1991 Order to re-organise the transfer arrangements
    between magistrates’ courts and Care Centres on the Western
    Circuit to reflect this change.

    Amendments to the Order have also been made to replace references
    to ‘petty sessions areas’ and ‘London commission
    area’ with references to ‘local justice area’ to
    reflect the changes to the organisation of the courts made by the
    Courts Act 2003 which are also being brought into force on 1 April
    2005. References to circuits are changed to references to the new
    administrative regions which will be used after that date.

    At the same time the opportunity has been taken to up-date the
    names of the petty sessions areas (local justice areas as they will
    become) in consequence of changes to their boundaries which have
    not previously been reflected in the 1991 Order.

    The Social Security Benefits Up-rating Order 2005, SI
    2005/522

    This Order is made as a consequence of a review under s 150 of the
    Social Security Administration Act 1992 and sets out the uprated
    sums of benefits mentioned in that section. The uprating took
    effect on various dates in April 2005.

    The Family Proceedings (Amendment No 3) Rules 2005, SI
    2005/559

    These Rules amend the Family Proceedings Rules 1991 in consequence
    of the Gender Recognition Act 2004, to make changes consequent on
    the introduction of Welsh family proceedings officers, and to make
    several further, minor, changes. The changes took effect in April
    2005.

    The 2004 Act provides for transsexual persons legal recognition in
    their acquired gender on the issue of a full gender recognition
    certificate. A person may apply to a Gender Recognition Panel. If
    the applicant meets the statutory criteria and is unmarried, the
    Panel will issue to him a full gender recognition certificate. If
    he is married, the Panel will issue to him an interim gender
    recognition certificate. The 2004 Act amended the Matrimonial
    Causes Act 1973 (c 18) (‘the 1973 Act’) to provide two
    new grounds of nullity. The first is where an interim gender
    recognition certificate has, after the time of the marriage, been
    issued to either party to the marriage (s 12(g) of and Sch 1, para
    11(1)(e) to the 1973 Act, as amended by s 4(4) of and Sch 2 to the
    2004 Act). Where a person obtains a decree absolute of nullity on
    this ground, the court must issue to him a full gender recognition
    certificate. The second new ground of nullity is where the
    respondent is a person whose gender at the time of the marriage had
    become the acquired gender under the 2004 Act (s 12(h) of the 1973
    Act, as amended by s 11 of and Sch 4, paras 4–6 to the 2004
    Act). A person’s gender only becomes the acquired gender
    under the 2004 Act when a full gender recognition certificate is
    issued to him.

    Rule 4 inserts FPR rr 2.6A and 2.6B, which require
    a petitioner to file with his petition a copy of the interim gender
    recognition certificate (if the petition is brought on the first
    new ground of nullity) or a copy of the full gender recognition
    certificate (if the petition is brought on the second new ground).
    The petitioner may apply to court if he is unable to do this. FPR r
    2.6A requires the proper officer of the court to notify the
    Secretary of State of petitions brought under the first new ground.
    Rule 6 inserts FPR rr 2.12A and 2.12B, which make corresponding
    provision where either new ground of nullity is raised for the
    first time in an answer to a petition. Rule 5 inserts FPR r 2.9A,
    which requires respondents to petitions on the new grounds of
    nullity to file with any acknowledgement of service a copy of the
    appropriate certificate. Corresponding provision for replies to
    answers raising either of the new grounds for the first time is
    made by FPR r 2.13A inserted by rule 7.

    Rule 9 inserts FPR rule 2.51AA which makes
    provision for applications made under s 6(1) of the 2004 Act (where
    a court has issued a full gender recognition certificate which
    contains an error, an application may be made under this section
    for the issue of a corrected certificate).

    Rule 15 inserts FPR rule 3.24 which makes
    provision for references made under s 8(5) of the 2004 Act (where
    the Secretary of State considers an application for a gender
    recognition certificate to have been secured by fraud). Where the
    Secretary of State is aware that nullity proceedings have been
    brought on the first new ground, he must give particulars of this
    and serve notice of the s 8(5) reference on the court in which
    those proceedings are pending. Rule 8 amends FPR r 2.49(2), so that
    a decree on the first new ground of nullity should not be made
    absolute if a search of that court’s records discloses extant
    s 8(5) proceedings.

    Rule 20 inserts FPR r 8.4 which makes provision
    for appeals under s 8(1) of the 2004 Act (which provides a
    statutory appeal to the High Court on a point of law against a
    decision of a Gender Recognition Panel to reject an application
    made to it).

    Rule 22 makes provision for the storage of
    documents concerning gender recognition.

    Rules 23(a) and 24 make minor amendments, largely
    to reflect the changes made by these rules to FPR Part 2.

    Rules 3(b) and 16–19 amend the FPR 1991 to
    enable functions performed by an officer of the Children and Family
    Court Advisory and Support Service (‘CAFCASS’) under
    the Family Proceedings Rules 1991 to be performed by a Welsh family
    proceedings officer. The amendment follows the transfer of
    functions from CAFCASS to the National Assembly for Wales by s 35
    of the Children Act 2004 for children ordinarily resident in
    Wales.

    A Welsh family proceedings officer is defined under sub-s (4) of
    that section as any member of the staff of the National Assembly
    for Wales (‘the Assembly’) appointed to exercise the
    functions of a Welsh family proceedings officer, and any other
    individual exercising those functions by virtue of s 36(2) and (4)
    of that Act (which allow the Assembly to make arrangements with
    organisations and individuals to perform the functions of Welsh
    family proceedings officers).

    Rules 25 and 26
    make transitional provision to deal with
    the situation where a CAFCASS officer who is already acting as a
    children and family reporter or a children’s guardian in
    proceedings becomes a Welsh family proceedings officer.

    Rules 10–14, 21, 23(b)–(d) and Schs 1 and
    2
    amend the FPR by making a number of minor changes to
    Part 3 (other Matrimonial etc Proceedings). Rules 12 and 14 remove
    redundant references to Form M11 (Notice of Application for
    Ancillary Relief). This form was revoked by SI 1999/3491 with
    effect from 5 June 2000 and replaced by Forms A and B.

    Rule 13 amends a current inconsistency in r 3.9A
    (Enforcement of orders made on applications under Part IV of the
    Family Law Act 1996) so that certain provisions of the Rules of the
    Supreme Court 1965 and County Court Rules 1981 may apply, with
    necessary modifications, to the enforcement of orders made on the
    court’s own motion under Part IV of the Family Law Act
    1996.

    Under the Matrimonial Causes Rules 1977, Form 6 was a combined form
    of Acknowledgement of Service that could be used for both
    matrimonial proceedings and other forms of originating process. The
    revised Form M6 introduced by the FPR was specifically designed for
    use in divorce proceedings, however, references to the use of the
    old version of the form were carried over into Part 3 of the FPR.
    Rule 23(d) resolves this inconsistency by inserting into Appendix
    1, a new Form M23A; and rules 10 and 21 substitute references to
    this new form (in place of Form M6) where appropriate. Rule 11
    makes a further consequential change. Rules 23(b) and (c) make
    changes to Form M20 and M23 in light of the introduction of Form
    M23A.

    The Community Legal Service (Funding) (Amendment) Order
    2005, SI 2005/571

    This Order amends the Community Legal Service (Funding) Order 2000.
    Amendments are made to Arts 2 and 5 of that Order in consequence of
    the establishment under s 26 of the Asylum and Immigration
    (Treatment of Claimants, etc) Act 2004 of the Asylum and
    Immigration Tribunal, which replaces immigration adjudicators and
    the Immigration Appeal Tribunal. Article 5 is also amended so that
    the maximum rates of remuneration under contracts specified in that
    article do not apply in relation to Legal Representation before the
    Asylum and Immigration Tribunal or the High Court in applications
    under s 103A of the Nationality, Immigration and Asylum Act 2002,
    or before the Asylum and Immigration Tribunal in proceedings for
    the reconsideration of an appeal pursuant to an order under s
    103A.

    The Housing Benefit and Council Tax Benefit (Miscellaneous
    Amendments) (No 2) Regulations 2005, SI 2005/573

    These Regulations make various amendments to the Council Tax
    Benefit (General) Regulations 1992 and the Housing Benefit
    (General) Regulations 1987.

    The Social Security (Miscellaneous Amendments) Regulations
    2005, SI 2005/574

    These Regulations, which came into force on 4 April 2005, further
    amend the Income Support (General) Regulations 1987 (SI 1987/1967),
    the Housing Benefit (General) Regulations 1987 (SI 1897/1971), the
    Council Tax Benefit (General) Regulations 1992 (SI 1992/1814) and
    the Jobseeker’s Allowance Regulations 1996 (SI 1996/207)
    (‘the Income-related Benefits Regulations’). These
    Regulations also further amend the State Pension Credit Regulations
    2002 (SI 2002/1792) (‘the State Pension Credit
    Regulations’).

    Regulation 2(1) amends the interpretation provisions of the
    Income-related Benefits Regulations and the State Pension Credit
    Regulations in relation to the introduction of the Armed Forces and
    Reserve Forces Compensation Scheme (‘the new scheme’)
    established under s 1(2) of the Armed Forces (Pensions and
    Compensation) Act 2004 (c 32).

    Regulation 2(2) amends reg 15(5) of the State Pension Credit
    Regulations 2002 adding certain payments made under the new scheme
    to the descriptions of income which are prescribed for the purposes
    of s 15(1)(j) of the State Pension Credit Act 2002 (c 16).

    Regulation 2(4) makes similar amendment to the Housing Benefit
    (General) Regulations 1987 and to the Council Tax Benefit (General)
    Regulations 1992 as modified by the Housing Benefit and Council Tax
    Benefit (State Pension Credit) Regulations 2003 (SI 2003/325) for
    persons who have attained the qualifying age for state pension
    credit.

    Regulation 2(5) and (6) amends the Income Support (General)
    Regulations 1987 and the Jobseeker’s Allowance Regulations
    1996 to include within the notional income and notional capital
    rules, payments made under the new scheme.

    Regulation 2(7) and (8) provides a £10 weekly income disregard
    for guaranteed income payments made under the new scheme.

    The Domestic Violence, Crime and Victims Act 2004
    (Commencement No 1) Order 2005, SI 2005/579

    This Order brings into force the provisions of the Domestic
    Violence, Crime and Victims Act 2004 set out in art 2 on 21 March
    2005 (including ss 5, 6, 7 and 8 —causing or allowing the
    death of a child or vulnerable adult); and brings into force the
    provisions of that Act set out in art 3 on 31 March 2005.

    The Family Proceedings Courts (Children Act 1989)
    (Amendment No 3) Rules 2005, SI 2005/585

    These Rules amend the Family Proceedings Courts (Children Act 1989)
    Rules 1991 (‘the 1991 Rules’) to provide that functions
    previously performed by an officer of the Children and Family Court
    Advisory and Support Service (‘CAFCASS’) are to be
    performed, in relation to children ordinarily resident in Wales, by
    a Welsh family proceedings officer. The amendment follows the
    transfer of functions from CAFCASS to the National Assembly for
    Wales by s 35 of the Children Act 2004 for children ordinarily
    resident in Wales. The Rules take effect on 1 April 2005.

    The Children and Family Court Advisory and Support Service
    (Reviewed Case Referral) (Amendment) Regulations 2005, SI
    2005/605

    These Regulations, which came into force on 1 April 2005, amend the
    Children and Family Court Advisory and Support Service (Reviewed
    Case Referral) Regulations 2004 consequential on the National
    Assembly for Wales and Welsh family proceedings officers having
    functions in Wales previously discharged by the Children and Family
    Court Advisory and Support Service (‘CAFCASS’) and
    CAFCASS officers. References in the existing regulations to CAFCASS
    and officers of the Service are amended to cover the National
    Assembly for Wales so far as it is exercising its functions under s
    35 of the Children Act 2004 and Welsh family proceedings
    officers.

    The Social Security Benefits Up-rating Regulations 2005, SI
    2005/632<br

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