Part 3

Magistrates' courts

Family proceedings courts and youth courts

Family proceedings courts
49
1
For section 67 of the 1980 Act (family proceedings courts and panels) substitute—

Family proceedings courts
67
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.
2
Omit section 68 of the 1980 Act (combined family panels for two or more petty sessions areas).