Pursuant to sections 23 and 146(4)(b) of the Care of Children Act 2004, His Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following rules.

Rules

1 Title

These rules are the Care of Children (Appointment of Additional Guardian by Parents) (Form) Amendment Rules 2009.

2 Commencement

These rules come into force on 1 November 2009.

3 Principal rules amended

These rules amend the rules that were previously called the Care of Children (Appointment of Additional Guardian by Parents) (Form) Rules 2005.

4 Name of principal rules amended

(1) As from the commencement of these rules,—
- (a) the Care of Children (Appointment of Additional Guardian by Parents) (Form) Rules 2005 are called the Care of Children (Appointment of Additional Guardian by Parents) (Forms) Rules 2005; and
- (b) every reference in any enactment and in any document to the Care of Children (Appointment of Additional Guardian by Parents) (Form) Rules 2005 must, unless the context otherwise provides, be read as a reference to the Care of Children (Appointment of Additional Guardian by Parents) (Forms) Rules 2005.
(2) Rule 1 is amended by omitting “Form” and substituting “Forms”.

5 Form that must be used for appointments

Rule 4 is amended by omitting “the form in the Schedule” and substituting “form 1 of the Schedule”.

6 New rule 6 inserted

The following rule is inserted after rule 5:
“6 Registrar's approval

Notice of a Registrar's approval given in accordance with section 25 of the Act may be issued in form 2 of the Schedule.”

Amendments to Schedule

7 New Schedule heading substituted

The Schedule heading is revoked and the following heading substituted:

“Schedule
“Forms

rr 4, 6

8 Form heading amended

The form in the Schedule is amended by revoking the form heading and substituting the following heading:

“Form
“Appointment of eligible spouse or partner of parent as additional guardian

r 4

9 New form 2 added

The Schedule is amended by adding the form 2 set out in the Schedule of these rules.

r 9

r 6

Section 25, Care of Children Act 2004

1 On [date], the Registrar of the Family Court at [place] approved—
- (a) an appointment of an additional guardian made under section 23 of the Care of Children Act 2004 by [full name of each person who made the appointment] appointing [full name] an additional guardian of [full name and date of birth of child who is the subject of the appointment]; and
- (b) the statutory declarations of [full name of each person] referred to in section 23(5)(a) of the Care of Children Act 2004.

2 The appointment of [full name] as an additional guardian of [full name and date of birth of child who is the subject of the appointment] is effective from [date].

Date:

Signature:

(Registrar)

Michael Webster,
for Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 1 November 2009, amend the Care of Children (Appointment of Additional Guardian by Parents) (Form) Rules 2005 to add to the Schedule of those Rules a new form 2.

New form 2 may be used to give notice that the Registrar has approved the appointment of an eligible spouse or partner of a parent as an additional guardian.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 1 October 2009.

These rules are administered by the Ministry of Justice.

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Care of Children (Appointment of Additional Guardian by Parents) (Form) Amendment Rules 2009