The Justices’ Clerks and Assistants (Amendment) Rules 2017

Statutory Instruments

2017 No. 742 (L. 10)

Family Court, England And Wales

The Justices’ Clerks and Assistants (Amendment) Rules 2017

Made

11th July 2017

Laid before Parliament

13th July 2017

Coming into force

7th August 2017

The Lord Chancellor makes the following Rules in exercise of the power conferred by sections 31O(1) and 31P(1) of the Matrimonial and Family Proceedings Act 1984(1), with the agreement of the President of the Family Division, as the judicial office holder nominated by the Lord Chief Justice under section 31O(8) of that Act.

Before making these Rules, the Lord Chancellor has consulted the Family Procedure Rule Committee in accordance with section 31O(1) of that Act.

Citation and commencement

1.  These Rules may be cited as the Justices’ Clerks and Assistants (Amendment) Rules 2017 and come into force on 7th August 2017.

Amendments to the Justices’ Clerks and Assistants Rules 2014

2.  In the table in the Schedule to the Justices’ Clerks and Assistants Rules 2014(2)—

(a) after the entry for rule 4.7(a) and (b), insert—

“FPR rule 6.14(4) and (6)
FPR rule 6.16(1)
FPR rule 6.19
FPR rule 6.20”

(b) after the entry for CPA, section 44(2) and (4) insert—

“FPR rule 7.10(3)(a)

Only where the petitioner and respondent agree that a named person should not be made a co-respondent”

(c) in the entry for FPR rule 7.14(1) omit the words in the second column;

(d) after the entry for FPR rule 7.20(3), insert—

“FPR rule 7.20(4)”

, and

(e)

after the entry for FPR rule 9.26, insert—

“FPR rule 9.46(2)”

I agree

James Munby, P

President of the Family Division

10th July 2017

Dominic Raab

Minister of State

Ministry of Justice

11th July 2017

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Justices’ Clerks and Assistants Rules 2014 (S.I. 2014/603). Rule 2 amends the table in the Schedule to those Rules to insert or amend functions of the family court or of a judge of the family court which those Rules authorise justices’ clerks and assistants to justices’ clerks to carry out.

No impact assessment has been produced for these Rules, as no, or no significant, impact is anticipated to result from their provisions.

(1)

1984 c. 42. Sections 31O and 31P were inserted by paragraph 1 of Schedule 10 to, the Crime and Courts Act 2013 (c. 22).

(2)

S.I. 2014/603, amended by S.I. 2014/841 and 2015/890.