Power to perform functions conferred on the court by these rules and practice directionsE+W
2.5.—(1) M1Where these rules or a practice direction provide for the court to perform any function then, except where any rule or practice direction [F1or any other enactment] provides otherwise, that function may be performed—
(a)in relation to proceedings in the High Court or in a district registry, by any judge or district judge of that Court including a district judge of the principal registry;
[F2(b)in relation to proceedings in the family court—
(i)by the court composed in accordance with rules made under section 31D of the 1984 Act; or
(ii)where Practice Direction 2A applies, by a single lay justice who is authorised as specified in rules made under section 31D of the 1984 Act.]
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(F4... )
[F5(1A) The functions of the family court or a judge of the family court listed in Practice Direction 2C may be exercised by a justices’ legal adviser.]
[F6(1B) The functions of the High Court listed in Practice Direction 2D may be exercised by a court officer who meets the criteria specified in that Practice Direction.
(1C) Practice Direction 2D may make provision for the procedure to be followed where such a court officer exercises a function of the High Court.]
(2) A deputy High Court judge and a district judge, including a district judge of the principal registry, may not try a claim for a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998 M2.
Textual Amendments
F1Words in rule 2.5(1) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 5(a) (with rule 137); S.I. 2014/954, art. 2
F2Rule 2.5(1)(b) substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 4 (with rule 45)
F3Rule 2.5(1)(c) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 5(c) (with rule 137); S.I. 2014/954, art. 2
F4Words in rule 2.5(1) omitted (6.4.2020) by virtue of The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 4(a)
F5Rule 2.5(1A) inserted (6.4.2020) by The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 4(b)
F6Rule 2.5(1B)(1C) inserted (8.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(a), 4
Modifications etc. (not altering text)
C1Rule 2.5 excluded (18.6.2011) by The Magistrates' Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329), rules 1, 17 (with rule 3(2))
Marginal Citations
M11990 c.41. Section 9 was amended by section 15(1) of and paragraphs 211 and 213 of Schedule 4 to the Constitutional Reform Act 2005.
M21998 c.42. Section 4 was amended by section 40(4) of and paragraphs 66(1) and (2) of Schedule 9 to the Constitutional Reform Act 2005 and section 378(1) of and paragraph 156 of Schedule 16 to the Armed Forces Act 2006 (c.52) and section 67(1) of and paragraph 43 of Schedule 6 to the Mental Capacity Act 2005.