Constitutional Reform Act 2005

Yn ddilys o 03/04/2006

Matrimonial and Family Proceedings Act 1984 (c. 42) U.K.

379 U.K. The Matrimonial and Family Proceedings Act 1984 is amended as follows.

380 (1) Section 40 (family proceedings rules) is amended as follows. U.K.

(2) In subsection (1) for “by the Lord Chancellor together with any four or more of the following persons, namely—” substitute “ by a committee known as the Family Proceedings Rule Committee, which is to consist of the following persons— ”.

(3) For subsection (3) substitute—

“(3) The members of the Family Proceedings Rule Committee, other than those eligible to act by virtue of their office, are appointed under subsection (3ZA) or (3ZB).

(3ZA) The Lord Chief Justice must appoint the persons referred to in paragraphs (b), (c) (d) and (e) of subsection (1), after consulting the Lord Chancellor.

(3ZB) The Lord Chancellor must appoint the persons referred to in paragraphs (f) and (g) of subsection (1), after consulting the Lord Chief Justice.

(3ZC) A person is to be appointed under subsection (3ZA) or (3ZB) for such period as the Lord Chancellor determines after consulting the Lord Chief Justice.”

(4) Omit subsection (5).

(5) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003.

381 (1) After section 40 insert— U.K.

“40A Process for making rules of court under section 40

(1) Family proceedings rules must be—

(a) signed by a majority of the members of the Family Proceedings Rule Committee, and

(b) submitted to the Lord Chancellor.

(2) The Lord Chancellor may allow or disallow rules so made.

(3) If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.

(4) Rules so made and allowed by the Lord Chancellor—

(a) come into force on such day as the Lord Chancellor directs, and

(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown.

(5) A statutory instrument containing Family Proceedings rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section and section 40B “Family Proceedings rules” means rules of court made under section 40.

40B Rules to be made if required by Lord Chancellor

(1) This section applies if the Lord Chancellor gives the Family Proceedings Rule Committee written notice that he thinks it is expedient for Family Proceedings rules to include provision that would achieve a purpose specified in the notice.

(2) The Committee must make such Family Proceedings rules as it considers necessary to achieve the specified purpose.

(3) Those rules must be—

(a) made within a reasonable period after the Lord Chancellor gives notice to the Committee;

(b) made in accordance with section 40A.”

(2) The enactment referred to in this paragraph, for the purposes of paragraph 361(3), is section 40 of the Matrimonial and Family Proceedings Act 1984 (c. 42), and in relation to that enactment the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003 (c. 39).