Family Court (Supporting Families in Court) Legislation Act 2020

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1 Title

This Act is the Family Court (Supporting Families in Court) Legislation Act 2020.

2 Commencement

This Act comes into force on 1 July 2020.

Part 1 Amendments to Care of Children Act 2004

3 Amendments to Care of Children Act 2004

This Part amends the Care of Children Act 2004.

4 Section 7A repealed (Lawyers acting for parties)

Repeal section 7A.

5 Section 143 amended (Appeals to High Court)
6 Schedule 1AA amended

In Schedule 1AA, after Part 1, insert:

Part 2 Provisions relating to Family Court (Supporting Families in Court) Legislation Act 2020

3 Interpretation

In this Part,—

2020 Act means the Family Court (Supporting Families in Court) Legislation Act 2020

pending proceedings means any proceedings commenced under this Act before 1 July 2020 but not completed by that date.

4 Lawyers may act in pending proceedings

On and from 1 July 2020 a lawyer may act for any party to a pending proceeding (including representing a party at a settlement conference) even though before the repeal on that date of section 7A of this Act (by section 4 of the 2020 Act) a lawyer could not act for the party.

Part 2 Amendments to Legal Services Act 2011

7 Amendments to Legal Services Act 2011

This Part amends the Legal Services Act 2011.

8 New section 4A inserted (Transitional, savings, and related provisions)

After section 4, insert:

4A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

9 Section 7 amended (Proceedings for which legal aid may be granted: civil matters)
10 New Schedule 1AA inserted

Insert the Schedule 1AA set out in the Schedule of this Act as the first schedule to appear after the last section of the principal Act.

Schedule New Schedule 1AA inserted

s 10

Schedule 1AA Transitional, savings, and related provisions

s 4A

Part 1 Provisions relating to Family Court (Supporting Families in Court) Legislation Act 2020

1 Interpretation

In this Part,—

2020 Act means the Family Court (Supporting Families in Court) Legislation Act 2020

pending proceedings means any proceedings commenced under the Care of Children Act 2004 before 1 July 2020 but not completed by that date.

2 Legal aid may be granted for pending proceedings

Legal aid may be granted under section 7 in respect of pending proceedings even though before the repeal of section 7(3A), (3B), and (6) on 1 July 2020 (by section 9 of the 2020 Act) legal aid could not have been granted in respect of those proceedings.

Legislative history

14 May 2020

Introduction (Bill 255–1), first reading, second reading, third reading

15 May 2020

Royal assent

This Act is administered by the Ministry of Justice.