Part IIE+W Civil Jurisdiction and Procedure

Domestic proceedingsE+W

68 Combined domestic court panels.E+W

(1)Where the Secretary of State considers—

(a)that a combined [F1domestic court panel][F1family panel]should be formed for 2 or more petty sessions areas, or

(b)that any combined [F1domestic court panel][F1family panel]which has been so formed should be dissolved,

he may direct the magistrates’ courts committee for the area concerned to review the functioning of [F2domestic courts][F2family proceedings courts]in their area and on completion of the review to submit a report to the Secretary of State.

(2)Where the Secretary of State gives a direction under subsection (1) above, then—

(a)after consideration of any report submitted to him under that subsection, or

(b)if the committee fail to comply with the direction within 6 months from the giving thereof, after the expiration of that period of 6 months,

the Secretary of State may, if he thinks fit, make an order for the formation of a combined [F1domestic court panel][F1family panel]for the petty sessions areas concerned or, as the case may be, for the dissolution of the combined [F1domestic court panel][F1family panel]concerned.

(3)Where the Secretary of State proposes to make an order under subsection (2) above, he shall send a copy of the proposed order to the magistrates’ courts committee for any area the whole or part of which is concerned and to any [F1domestic court panel][F1family panel]which is concerned.

(4)Where a copy of the proposed order is required to be sent under subsection (3) above to any committee or panel, the Secretary of State shall, before making an order, consider any representations made to him by the committee or panel within one month from the time the copy of the proposed order was sent.

(5)An order of the Secretary of State under subsection (2) above shall be made by statutory instrument and may be revoked or varied by a subsequent order thereunder.

(6)Any order made under subsection (2) above may contain supplementary, incidental and consequential provisions.

(7)In the application of this section to the inner London area any reference to the magistrates’ courts committee shall be treated as a reference to the committee of magistrates.

Textual Amendments

F1Words “family panel" substituted (prosp.) for “domestic court panel" by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(2)(6), Sch. 11 Pt. II para. 8(d), Sch. 14 para. 1(1)

F2Words “family proceedings courts" substituted (prosp.) for “domestic courts" by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(2)(6), Sch. 11 Pt. II para. 8(f), Sch. 14 para. 1(1)