67 Domestic courts and panels.E+W
(1)Magistrates’ courts constituted in accordance with the provisions of this section and sitting for the purpose of hearing [F1family proceedings] shall be known as [F2family proceedings courts].
(2)A justice shall not be qualified to sit as a member of a [F3family proceedings court] unless he is a member of a [F4family panel], that is to say a panel of justices specially appointed to deal with [F5family proceedings].
(3)Without prejudice to the generality of the power to make rules under section 144 below 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 [F6family panels] and the eligibility of justices to be members of such panels;
(b)the appointment of persons as chairmen of [F2family proceedings courts] ; and
(c)the composition of domestic courts.
(4)Any provision made by rules by virtue of subsection (3) above for the formation of [F6family panels] shall include provision for the formation of at least one [F7family panel] for each commission area, but provision shall not be made by the rules for the formation of more than one [F7family panel] for any petty sessions area.
[F8In this subsection “commission area” has the same meaning as in [F9 the Justices of the Peace Act 1997].]
(5)Rules made by virtue of subsection (3) above 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 [F6family panels] by him and for the removal from a [F7family panel] of any justice who, in his opinion, is unsuitable to serve on a [F10family proceedings court].
(6)Rules made by virtue of subsection (3) above may make different provision in relation to different areas for which [F6family 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) above to the Lord Chancellor there shall be substituted a reference to the Chancellor of the Duchy of Lancaster.
[F11(7)A stipendiary magistrate who is a member of a [F7 family panel]may, notwithstanding anything in section 66(1) above, hear and determine [F1family proceedings] when sitting alone.]
(8)Nothing in this section shall require the formation of a [F7family panel] for the City of London.
Textual Amendments
F1Words in s. 67(1)(2)(7) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2Words in s. 67(1)(3)(b) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(f) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F3Words in s. 67(2)(5) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(g) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F4Words in s. 67(2)(4)(5)(7)(8) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(d) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F5Words in s. 67(1)(2)(7) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F6Words in s. 67(3-6) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(e) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F7Words in s. 67(2)(4)(5)(7)(8) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(d) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F8Words in s. 67(4) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3), Sch. 15 Pt. V(1) (with s. 107, Sch. 14 paras. 7(2), 36(9))
F9Words in s. 67(4) substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 19(2)(3)(b) (with Sch. 4 para. 27)
F10Words in s. 67(2)(5) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(g) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F11S. 67(7) repealed (31.8.2000) by 1999 c. 22, ss. 78, 106, 108(1), Sch. 11 paras. 26, 28(3), Sch. 15 Pt. V(3) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3(c)