Family Procedure (Modification of Enactments) Order 2005

My Lords, I share entirely the view of the noble Lord, Lord Goodhart, that these orders are both uncontroversial and desirable. The Family Procedure (Modification of Enactments) Order 2005 serves two purposes. First, it enables a justice of the peace, at the hearing of an application under the Adoption and Children Act 2002, to issue a witness summons. Secondly, it ensures that in such applications a warrant of arrest cannot be issued instead of a witness summons. It is clear that in so doing this order will facilitate the purpose of the Adoption and Children Act 2002; namely, to minimise delay in the court process, thus putting the interests of the child first. These aims were supported by the Opposition and by Liberal Democrat Members during the passage of the Act through both Houses. The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005 is also uncontroversial. It sets out the route of appeal in adoption proceedings, providing for two routes. Appeals against a decision by a district judge in a county court shall lie to a county court judge. Appeals against a decision of a district judge which go to the High Court, the Principal Registry of the Family Division or a costs judge will lie to a judge of the High Court. This order is necessary to preserve the status quo under the RSC 1965 and CCRs, once the Adoption and Children Act 2002 comes into force on 30 December 2005. On the amendments to the criteria underlying the Legal Services Commission Funding Code, the first amendment at Section 2.2 includes, in the definition of ““family proceedings””, references to proceedings under the Adoption and Children Act 2002 and the Civil Partnership Act 2004. The second amendment includes in the definition of ““other public law children cases”” applications for a placement order. This new order will be available once the 2002 Act comes into force on 30 December. The final amendments are to the introductory paragraphs and simply reflect the fact that it is a revised code that will come into force only when approved by the Lord Chancellor and by Parliament. These amendments are non-controversial and bring the LSC Funding Code up to date with primary legislation that comes into force at the end of the year.