The Justices of the Peace Rules 2016

CHAPTER 3 FTAAAC

Formation of FTAAAC

24.—(1) There must be one FTAAAC in each FTAAAC area.

(2) The Lord Chief Justice may amend FTAAAC areas, and in doing so shall—

(a) specify the area that will form the new FTAAAC area, and

(b) determine the membership of the FTAAAC for the area and the duration of the term of its members, having regard, as far as practicable, to the requirements of Rules 26 and 28.

Functions of FTAAAC

25.—(1) Each FTAAAC must—

(a) select family justices to undertake training courses in relation to the functions set out at Rule 19(f);

(b) grant and revoke approvals for family justices to preside in the family court;

(c) grant authorisations on behalf of the Lord Chief Justice, and recommend revocations of authorisations, for justices to sit as family justices, and

(d) establish and operate a scheme for appraising the performance of justices sitting in the family court within the FTAAAC area so as to satisfy itself that each justice demonstrates or continues to demonstrate the necessary competence in the role in which performance is being appraised.

(2) Each FTAAAC must, as appropriate—

(a) identify the training needs of family justices in its area;

(b) prepare a training plan to meet those needs;

(c) specify that certain training is essential for all or certain family justices, having regard to guidance issued by the Lord Chief Justice;

(d) ensure there are arrangements in place to deliver the required training, and

(e) monitor the training of family justices in its area.

(3) In undertaking the responsibilities in these Rules, each FTAAAC must have regard to—

(a) guidance issued by the Lord Chief Justice;

(b) the national training programme for justices;

(c) any national minimum training provision;

(d) any representations made to the FTAAAC concerning justices’ training by any senior circuit judge in the FTAAAC area;

(e) the budget for justices’ training in the area, and

(f) any requirements of the Lord Chief Justice to report on justices’ training.

Membership of FTAAAC

26.—(1) Each FTAAAC must consist of—

(a) between 6 and 24 family justices from the relevant local justice areas appointed in accordance with Rule 27 (the “family justice members”);

(b) one justice nominated by the Magistrates’ Association, and

(c) the justices’ clerk or clerks or an assistant to the justices’ clerk nominated by them.

(2) The following justices must not be members of an FTAAAC —

(a) a member of the FTAAAC selection panel;

(b) a chairman of the justices within the FTAAAC area or the justice with the leadership role in relation to family justices in the area, or

(c) a justice who is a member of an advisory committee in the FTAAAC area.

(3) Subject to paragraph (4), the following may attend meetings of an FTAAAC —

(a) either—

(i) the designated officer (being the person designated under section 37 of the Courts Act 2003) in the FTAAAC area, or

(ii) where there is more than one designated officer, one of them, or

(iii) a person delegated by the designated officer or officers (as the case may be).

(b) the justice with the leadership role in relation to family justices in the area, and

(c) any additional persons invited to attend by the FTAAAC.

(4) The individuals referred to in Rule 26(3)(a), (b) and (c) must not attend any part of a meeting at which the committee considers matters relating to individual justices.

FTAAAC selection panel

27.—(1) A selection panel must appoint the family justice members of the FTAAAC.

(2) A chairman of the justices within the FTAAAC area or the justice with the leadership role in relation to family justices in the area must not be a member of the FTAAAC selection panel.

(3) The selection panel must be elected in accordance with the election procedure set out in Part 3, Chapter 1 of these Rules.

(4) Members of the selection panel must be elected for a period of three years, and may be re-elected provided that they have not served for more than six years in total.

(5) Subject to paragraphs (6) and (7), the FTAAAC selection panel must consist of a family justice from each local justice area comprising the FTAAAC area.

(6) Where there is only one local justice area in the FTAAAC area, the selection panel must consist of three family justices from that area.

(7) Where there are two local justice areas in the FTAAAC area, the selection panel must consist of two family justices from each of those areas.

(8) A family justice who wants to be appointed as a family justice member must submit a written application to the selection panel.

(9) The selection panel must, having regard to guidance from the Lord Chief Justice—

(a) subject to Rule 26(1)(a), determine the number of family justice members on the FTAAAC;

(b) consider the written applications and—

(i) appoint the number of family justice members required, and

(ii) subject to Rule 28(1), determine the duration of the terms of members so appointed.

(10) The selection panel may, at any time, change the number of family justice members.

(11) If the selection panel changes the number of family justice members under paragraph (10), it may amend the terms of existing family justice members.