- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
37.—(1) This rule provides for the BTDC, the FTDC and the ILYTDC to grant an authorisation, on behalf of the Lord Chief Justice, for a justice to sit as a member of a family proceedings court or a youth court.
(2) The FTDC shall grant an authorisation for a justice assigned to its local justice area to sit as a member of a family proceedings court.
(3) The BTDC shall grant an authorisation for a justice assigned to its local justice area to sit as a member of a family proceedings court if there is no FTDC established for that area.
(4) The ILYTDC shall grant an authorisation for a justice assigned to a local justice area within the Inner London area to sit as a member of a youth court.
(5) The BTDC shall grant an authorisation for a justice assigned to its local justice area to sit as a member of a youth court if its local justice area is not within the Inner London area.
(6) In rules 38 to 41 ‘authorising body’ means the body which has power to grant an authorisation, in accordance with this rule, for a justice to sit as member of a family proceedings court or a youth court as the case may be.
38. A justice may only be authorised to sit as a member of a family proceedings court or a youth court if —
(a)he has sat in the adult court for at least two years;
(b)he has been appraised as competent on at least one occasion in the adult court in accordance with the scheme established under rule 12;
(c)he has observed proceedings, on at least two occasions, in the type of court for which the authorisation is being considered; and
(d)the authorising body has decided that the justice is suitable to be so authorised.
39.—(1) A justice who wishes to be authorised to sit as a member of a family proceedings court or youth court shall submit a written application to the authorising body.
(2) The authorising body shall assess the suitability of a justice by—
(a)considering the written application submitted by the justice; and
(b)interviewing the justice, if it considers it appropriate.
40. An authorising body must review the authorisation of a justice assigned to its local justice area if —
(a)where a minimum sitting requirement in the family proceedings court or youth courts as the case may be, has been laid down in directions made by the Lord Chief Justice, the justice has not met that requirement; or
(b)where no minimum sitting requirement has been laid down as mentioned in paragraph (a), the justice has not sat in the type of court for which he is authorised for a continuous period of 12 months preceding the date of the review.
41. An authorising body may recommend to the Lord Chief Justice that he revoke the authorisation of a justice to sit as a member of a family proceedings court or youth court, as the case may be —
(a)following a review under rule 40;
(b)if, in the opinion of the authorising body, the justice is no longer suitable to sit as a member of the type of court in which he is authorised to sit; or
(c)if, in the opinion of the authorising body, the justice persistently fails to meet the required level of competence in the type of court in which he is authorised to sit.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: