Matrimonial and Family Proceedings Act 1984

[F1 31D Composition of the court and distribution of its business E+W

(1) Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 (process for making designated rules) about—

(a) the composition of the family court, and

(b) the distribution of business of the family court among judges of the court.

(2) Rules about the composition of the family court may in particular—

(a) provide for the court to be constituted differently for the purpose of deciding different matters;

(b) make provision about who is to preside where the court is composed of more than one judge.

(3) Rules about the distribution of business of the family court may in particular—

(a) prohibit specified judges from conducting specified business;

(b) prohibit judges from conducting specified business unless authorised to do so by a specified judicial office holder;

(c) prohibit specified judges from conducting business, or specified business, unless authorised to do so by a specified judicial office holder;

(d) prohibit specified judges from exercising specified powers of the court.

(4) In subsection (3)—

• “judge” does not include a judge within section 31C(1)(a) to (i);

• “specified” means specified in, or of a description specified in, rules under this section.

(5) Rules under this section—

(a) may confer powers on the Lord Chief Justice or on a judicial office holder;

(b) may be made only after consultation with the Family Procedure Rule Committee.

(6) Family Procedure Rules are subject to rules under this section.

(7) The Lord Chief Justice's power under paragraph 2(2)(b) of Schedule 1 to the Constitutional Reform Act 2005 to nominate a judicial office holder to make rules under this section includes power to nominate different judicial office holders to make rules under this section for different purposes.

(8) Paragraph 5 of that Schedule (duty to make rules to achieve purpose specified by Lord Chancellor) does not apply in relation to rules under this section.

(9) In this section “judicial office holder” has the meaning given by section 109(4) of that Act.

(10) No proceedings in the family court are to be with a jury.]

Textual Amendments

F1 Ss. 31B-31P inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 1; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)