The Children and Family Court Advisory and Support Service (Conduct of Litigation and Exercise of Rights of Audience) Regulations 2001

Statutory Instruments

2001 No. 698

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

FAMILY LAW, ENGLAND AND WALES

The Children and Family Court Advisory and Support Service (Conduct of Litigation and Exercise of Rights of Audience) Regulations 2001

Made

5th March 2001

Laid before Parliament

7th March 2001

Coming into force

1st April 2001

The Lord Chancellor, in exercise of the powers conferred upon him by sections 15(1) and 25 of the Criminal Justice and Court Services Act 2000(1), makes the following Regulations:

1.  These Regulations may be cited as the Children and Family Court Advisory and Support Service (Conduct of Litigation and Exercise of Rights of Audience) Regulations 2001 and shall come into force on 1st April 2001.

2.  An officer of the Service who is—

(a) a barrister or a solicitor of the Supreme Court, or

(b) employed (whether wholly or in part), or is otherwise engaged, to conduct litigation and is doing so in conjunction with an officer of the Service described in sub-paragraph (a),

may be authorised by the Service in accordance with section 15(1) of the Criminal Justice and Court Services Act 2000.

Signed by authority of the Lord Chancellor

Jane Kennedy

Parliamentary Secretary,

Lord Chancellor’s Department

Dated 5th March 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the officers who can be authorised by the Children and Family Court Advisory and Support Service (“the Service”), in accordance with section 15(1) of the Criminal Justice and Court Services Act 2000 (c. 43). Section 15(1) allows the Service to authorise an officer of the Service, in the exercise of his functions, to conduct litigation in relation to any proceedings in any court and to exercise rights of audience in any proceedings before any court.

The Service is established under section 11 of the Criminal Justice and Court Services Act 2000. The principal functions of the Service are, in respect of family proceedings in which the welfare of children is or may be in question, to safeguard and promote the welfare of the children, to give advice in any court about any application, to make provision for the children to be represented and to provide information, advice and other support for the children and their families.

(1)

2000 c. 43. Section 25 is an interpretation provision and is cited because of the meaning assigned to the word “prescribed”.