C1Part 7Procedure rules and practice directions

Annotations:
Modifications etc. (not altering text)

Family Procedure Rules and practice directions

77Family Procedure Rule Committee

1

The Family Procedure Rule Committee is to consist of—

a

the President of the Family Division, and

F1b

the persons currently appointed in accordance with subsections (1A) and (1B).

F21A

The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (f) of subsection (2).

1B

The Lord Chancellor must appoint the persons falling within paragraphs (g) to (o) of subsection (2).

2

F3The persons to be appointed in accordance with subsections (1A) and (1B) are—

a

two judges of the F4Senior Courts, at least one of whom must be a puisne judge attached to the Family Division,

b

one Circuit judge,

F17ba

one judge of the family court who sits exclusively or primarily in Wales,

F18c

one person who is either a district judge of the principal registry of the Family Division or a district judge appointed under section 6 of the County Courts Act 1984,

d

one district judge appointed under section 6 of the County Courts Act 1984 (c. 28),

e

one District Judge (Magistrates' Courts),

f

one lay justice,

F21g

one person authorised under section 31O(1) of the Matrimonial and Family Proceedings Act 1984 (authorisation to provide legal advice to judges of the family court),

h

one person who has—

i

a F4Senior Courts qualification, and

ii

particular experience of family practice in the High Court,

F14i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

j

one person who has—

i

a F4Senior Courts qualification, and

ii

particular experience of family practice in F15the family court,

k

one person who—

i

has been F5authorised by a relevant approved regulator to conduct litigation in relation to all proceedings in the F4Senior Courts, and

ii

has particular experience of family practice in the High Court,

F13l

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

m

one person who—

i

has been so F6authorised, and

ii

has particular experience of family practice in F16the family court,

n

one person nominated by CAFCASS, F19...

F20na

one person nominated by the Welsh Ministers to represent the interests of Welsh family proceedings officers (within the meaning given by section 35(4) of the Children Act 2004), and

o

one person with experience in and knowledge of the lay advice sector or the system of justice in relation to family proceedings.

3

Before appointing a person F7in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and the President of the Family Division.

4

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Before appointing a person F9in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within any of paragraphs (h) to (m) of subsection (2), must also consult any body which—

a

has members eligible for appointment under the provision in question, and

F10b

is a relevant approved regulator in relation to the exercise of a right of audience or the conduct of litigation (or both).

F225A

A person falling within subsection (2)(g) exercising a function as a member of the Family Procedure Rule Committee is not subject to the direction of the Lord Chancellor or any other person when exercising the function.

6

The Lord Chancellor may reimburse the members of the Family Procedure Rule Committee their travelling and out-of-pocket expenses.

F117

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

F128

In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.