Part II Civil Jurisdiction and Procedure

Domestic proceedings

F1C167 Family proceedings courts.

1

Magistrates' courts—

a

constituted in accordance with this section or section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts)), and

b

sitting for the purpose of hearing family proceedings,

are to be known as family proceedings courts.

2

A justice of the peace is not qualified to sit as a member of a family proceedings court to hear family proceedings of any description unless he has an authorisation extending to the proceedings.

3

He has an authorisation extending to the proceedings only if he has been authorised by the Lord Chancellor or a person acting on his behalf to sit as a member of a family proceedings court to hear—

a

proceedings of that description, or

b

all family proceedings.

4

The Lord Chancellor may by rules make provision about—

a

the grant and revocation of authorisations,

b

the appointment of chairmen of family proceedings courts, and

c

the composition of family proceedings courts.

5

Rules under subsection (4) may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules.

6

Rules under subsection (4) may be made only after consultation with the Family Procedure Rule Committee.

7

Rules under subsection (4) are to be made by statutory instrument.

8

A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.