The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005

Family Proceedings Courts (Constitution) Rules 1991(1)

139.  In rule 11—

(a) for paragraph (2) substitute the following paragraph:

“(2) The Lord Chancellor may make a direction for the formation or dissolution of a combined panel in respect of two or more local justice areas.”;

(b) after paragraph (2) insert the following paragraph:

“(2A) A combined panel in being on 1st April 2005 shall have effect as the combined panel for the local justice areas corresponding to the petty sessions areas for which it was formed.”;

(c) in paragraph (3)—

(i) for “magistrates' courts committee” substitute “Lord Chancellor”;

(ii) for “petty sessions area specified in the direction for which it acts” substitute “local justice area specified in the direction”;

(d) in paragraph (4), for “petty sessions area” substitute “local justice area”;

(e) omit paragraphs (5) and (8);

(f) in paragraph (6)(a), for “magistrates' courts committee” substitute “Lord Chancellor” and in that paragraph and in paragraphs (6)(b), (11) and (12), for “petty sessions areas” substitute “local justice areas”;

(g) for paragraph (7) substitute the following paragraph:

“(7) A direction for the formation or dissolution of a combined family panel under paragraph (2) shall have effect on 1st January in the year following the next October meeting of the justices for each of the areas concerned held in accordance with rules made under section 17 of the Courts Act 2003 for the purpose of electing a chairman of the justices.”

(h) in paragraph (9)—

(i) for “A magistrates' courts committee which has made a direction for the formation of a combined panel may” substitute “Where the Lord Chancellor has made a direction for the formation of a combined panel he may”; and

(ii) for “petty sessions area or petty sessions areas” substitute “local justice area or local justice areas”; and

(i) in paragraph (10), omit the words from “or, in the case of a direction” to the end.

(1)

S.I. 1991/1405, amended by S.I. 2000/1873, 2001/615 and 2003/3367.