Domestic Proceedings and Magistrates' Courts Act 1978

80 Domestic courts

After section 56 of the [1952 c. 55.] Magistrates' Courts Act 1952 there shall be inserted the following sections—

“56A Domestic courts.

(1) Magistrates' courts constituted in accordance with the provisions of this section and sitting for the purpose of hearing domestic proceedings shall be known as domestic courts.

(2) A justice shall not be qualified to sit as a member of a domestic court unless he is a member of a domestic court panel, that is to say a panel of justices specially appointed to deal with domestic proceedings.

(3) Without prejudice to the generality of the power to make rules under section 15 of the [1949 c. 101.] Justices of the Peace Act 1949 relating to the procedure and practice to be followed in magistrates' courts, provision may be made by such rules with respect to any of the following matters, that is to say—

(a) the formation and revision of domestic court panels and the eligibility of justices to be members of such panels ;

(b) the appointment of persons as chairmen of domestic courts; and

(c) the composition of domestic courts.

(4) Any provision made by rules by virtue of subsection (3) of this section for the formation of domestic court panels shall include provision for the formation of at least one domestic court panel for each commission area, but provision shall not be made by the rules for the formation of more than one domestic court panel for any petty sessions area.

(5) Rules made by virtue of subsection (3) of this section may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules and may, in particular, provide for the appointment of domestic court panels by him and for the removal from a domestic court panel of any justice who, in his opinion, is unsuitable to serve on a domestic court.

(6) Rules made by virtue of subsection (3) of this section may make different provision in relation to different areas for which domestic court panels are formed; and in the application of this section to the counties of Greater Manchester, Merseyside and Lancashire for any reference in subsection (5) of this section to the Lord Chancellor there shall be substituted a reference to the Chancellor of the Duchy of Lancaster.

(7) A stipendiary magistrate who is a member of a domestic court panel may, notwithstanding anything in section 56(2) of this Act, hear and determine domestic proceedings when sitting alone.

(8) Nothing in this section shall require the formation of a domestic court panel for the City of London.

56B Combined domestic court panels.

(1) Where the Secretary of State considers—

(a) that a combined domestic court panel should be formed for two or more petty sessions areas, or

(b) that any combined domestic court panel which has been so formed should be dissolved,

he may direct the magistrates' court committee for the area concerned to review the functioning of domestic courts in their area and on completion of the review to submit a report to the Secretary of State.

(2) Where the Secretary of State gives a direction under subsection (1) of this section then—

(a) after consideration of any report submitted to him under that subsection, or

(b) if the committee fail to comply with the direction within six months from the giving thereof, after the expiration of that period of six months,

the Secretary of State may if he thinks fit, make an order for the formation of a combined domestic court panel for the petty sessions areas concerned or, as the case may be, for the dissolution of the combined domestic court panel concerned.

(3) Where the Secretary of State proposes to make an order under subsection (2) of this section, he shall send a copy of the proposed order to the magistrates' courts committee for any area the whole or part of which is concerned and to any domestic court panel which is concerned.

(4) Where a copy of the proposed order is required to be sent under subsection (3) of this section to any committee or panel, the Secretary of State shall, before making an order, consider any representations made to him by the committee or panel within one month from the time the copy of the proposed order was sent.

(5) An order of the Secretary of State under subsection (2) of this section shall be made by statutory instrument and may be revoked or varied by a subsequent order thereunder.

(6) Any order made under subsection (2) of this section may contain supplementary, incidental and consequential provisions.

(7) In the application of this section to the inner London area (within the meaning of the [1964 c. 42.] Administration of Justice Act 1964) any reference to the magistrates' courts committee shall be treated as a reference to the committee of magistrates.”.