5Practice directions

1

Practice directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.

2

Practice directions given otherwise than under subsection (1) may not be given without the approval of—

a

the Lord Chancellor, and

b

the Lord Chief Justice.

3

Practice directions (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1, may be provided for by Civil Procedure Rules.

4

The power to give practice directions under subsection (1) includes power—

a

to vary or revoke directions given by any person;

b

to give directions containing different provision for different cases (including different areas);

c

to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.

5

Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

a

the application or interpretation of the law;

b

the making of judicial decisions.

6

Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

a

after consulting the Lord Chancellor, and

b

with the approval of the Lord Chief Justice.