The Family Proceedings Courts (Constitution of Committees and Right to Preside) (Amendment) Rules 2011

Statutory Instruments

2011 No. 1495 (L. 13)

Magistrates’ Courts, England And Wales

The Family Proceedings Courts (Constitution of Committees and Right to Preside) (Amendment) Rules 2011

Made

9th June 2011

Laid before Parliament

16th June 2011

Coming into force

1st January 2012

The Lord Chief Justice makes the following Rules in exercise of the powers conferred on him by:

section 19 of the Courts Act 2003(1), and after consultation with the Lord Chancellor, the Criminal Procedure Rule Committee, the Family Procedure Rule Committee and the Magistrates’ Courts Rule Committee in accordance with section 20(2) of that Act;

section 67(4) of the Magistrates’ Courts Act 1980(2) after consultation with the Lord Chancellor and after consultation with the Family Procedure Rule Committee in accordance with section 67(6) of that Act.

Citation and commencement

1.  These Rules may be cited as the Family Proceedings Courts (Constitution of Committees and Right to Preside) (Amendment) Rules 2011 and shall come into force on 1st January 2012.

Amendments to the Family Proceedings Courts (Constitution of Committees and Right to Preside) Rules 2007

2.  In rule 5(3) of the Family Proceedings Courts (Constitution of Committees and Right to Preside) Rules 2007(3), for “the Area Director” substitute “the relevant Delivery Director”.

Judge, C.J.

Lord Chief Justice

9th June 2011

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Family Proceedings Courts (Constitution of Committees and Right to Preside) Rules 2007 to reflect the change of title of Area Director in Her Majesty’s Courts and Tribunals Service to Delivery Director. The effect is that the Lord Chief Justice must consult the relevant Delivery Director of Her Majesty’s Courts and Tribunals Service before creating or dissolving family panels for local justice areas.

(1)

2003 c.39; as amended by section 15(1) and Schedule 4, Part 1, paragraphs 308 and 320 of the Constitutional Reform Act 2005 (c.4).

(2)

1980 c.43; as substituted by section 49 of the Courts Act 2003 (c.39) and amended by section 15(1) and Schedule 4, Part 1, paras 99 and 101 of the Constitutional Reform Act 2005 (c.4).

(3)

S.I. 2007/1610. There have been amendments but none is relevant.