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Constitutional Reform Act 2005

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Point in time view as at 03/04/2006.

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Constitutional Reform Act 2005, Paragraph 9 is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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9(1)Section 81 (practice directions relating to family proceedings) is amended as follows.U.K.

(2)In subsection (1) for “The President of the Family Division may, with the concurrence of the Lord Chancellor, give directions” substitute “ Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 ”.

(3)In subsection (2) for the words from “may not be given” to the end substitute given otherwise than under subsection (1) may not be given without the approval of—

(a)the Lord Chancellor, and

(b)the Lord Chief Justice.

(4)In subsection (3)(a) for “by the President of the Family Division or any other person” substitute “ under subsection (1) or otherwise ”.

(5)After subsection (3) insert—

(4)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.

(5)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.

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