36.—(1) Where a magistrates' court makes a decision in any domestic proceedings to which this rule applies, the court shall cause the reasons for its decision to be recorded in writing.
(2) Any record of a decision kept in pursuance of this rule shall indicate the names of the justices constituting the court by which the decision was made.
(3) Where a magistrates' court makes a decision in any proceedings for which the reasons are required by this rule to be recorded, the court shall draw up the terms of the record in consultation with the clerk of the court or any person employed to assist him as a clerk in court in the proceedings, and shall do so before the decision is announced.
(4) This rule applies to the following domestic proceedings, that is to say:—
(a)proceedings on an application for an order under section 2 or 7 of the Act of 1978 where the court, in pursuance of section 3(1)(g) of that Act, has regard to the conduct of each of the parties in relation to the marriage and in consequence determines that the amount of any payment to be made by the respondent should be less than it would have ordered apart from such conduct;
(b)proceedings where—
(i)an order regarding the legal custody of or access to a child is made under section 8(2) or 14 of the Act of 1978 or section 9, 10, 11 or 14A of the Guardianship of Minors Act 1971(1); or
(ii)any order made as aforesaid is varied,
and a party objects to any of the terms of the order or variation.
Commencement Information
I1Rule 36 in force at 6.7.1981, see rule 1(1)
37. The clerk of a magistrates' court shall supply a copy of the record of the reasons for a decision kept in pursuance of rule 36 to any person on application, if satisfied that it is required in connection with an appeal or possible appeal.
Commencement Information
I2Rule 37 in force at 6.7.1981, see rule 1(1)
38. For the purposes of section 84(2) of the Act of 1978 (which provides that a copy of any record made by virtue of section 84 of the reasons for a decision of a magistrates' court shall, if certified by such officer of the court as may be prescribed, be admissible as evidence of those reasons) the certifying officer shall be the clerk of the magistrates' court concerned.
Commencement Information
I3Rule 38 in force at 6.7.1981, see rule 1(1)
1971 c. 3; section 14A was inserted by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), section 40.