The Justices’ Clerks and Assistants Rules 2014

Statutory Instruments

2014 No. 603 (L. 8)

Family Court, England And Wales

The Justices’ Clerks and Assistants Rules 2014

Made

12th March 2014

Coming into force in accordance with rule 1

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.

In accordance with section 31P(2) of that Act, a draft of these Rules has been laid before, and approved by a resolution of, each House of Parliament.

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

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Justices’ Clerks and Assistants Rules 2014 and shall come into force on the day on which section 17(3) of the Crime and Courts Act 2013(2) comes fully into force.

(2) In these Rules—

“the Act” means the Matrimonial and Family Proceedings Act 1984;

“assistant justices’ clerk” is an assistant to a justices’ clerk within the meaning of section 27(5) of the Courts Act 2003(3);

“CPA” means the Civil Partnership Act 2004(4);

“FPR” means the Family Procedure Rules 2010(5);

“MCA” means the Matrimonial Causes Act 1973(6);

“undefended case” has the meaning given in FPR rule 7.1(3);

Functions which may be carried out by a justices’ clerk

2.  The functions of the family court or of a judge of the court that may be carried out by a justices’ clerk are the functions of the family court or of a judge of the court specified in the provisions listed in the first column of the table in the Schedule subject to the exceptions or restrictions specified in the second column in relation to particular functions.

Functions which may be carried out by an assistant justices’ clerk

3.—(1) An assistant justices’ clerk may carry out any function that a justices’ clerk may carry out pursuant to rule 2, provided that that assistant justices’ clerk has been authorised by a justices’ clerk to carry out that function.

(2) The functions specified in section 31O(2) of the Act may be carried out by an assistant justices’ clerk.

(3) An authorisation by a justices’ clerk under paragraph (1) above must be recorded in writing at the time the authorisation is given or as soon as practicable thereafter.

Duty to refer if inappropriate to carry out function

4.—(1) When considering carrying out a function specified in the Schedule, a justices’ clerk must consider whether in the particular circumstances it would be inappropriate to carry out the function.

(2) If a justices’ clerk determines that it would be inappropriate to carry out a function specified in the Schedule, the justices’ clerk must refer the matter to the court.

(3) References in this rule to a justices’ clerk include a person authorised in accordance with rule 3.

Signed by the authority of the Lord Chancellor

Simon Hughes

Parliamentary Under Secretary of State

Ministry of Justice

12th March 2014

Rule 2

SCHEDULE

FPR rule 3.2
FPR rule 3.3
FPR rule 4.1(3)	Except 4.1(3)(e), (g), (i), (l), (m)
FPR rule 4.3(2)
FPR rule 4.3(5)
FPR rule 4.7(a) and (b)
FPR rule 6.24(2)
FPR rule 6.26(5)
FPR rule 6.32
FPR rule 6.36
MCA, section 1(3)	Only in undefended cases
MCA, sections 1(4) and 1(5)	Only in undefended cases, and only the making “absolute” of decrees of divorce
MCA, section 6(2)	Only where the parties consent to the adjournment
MCA, sections 10A(2) and (3)	Only in an application under section 10A(2) to which the other party consents
MCA, section 17(2)	Only in undefended cases
CPA, section 37(1)(a) and (d)	Only in undefended cases, and only the making “final” of such orders
CPA, section 42(3)	Only where the parties consent to the adjournment
CPA, sections 44(2) and (4)	Only in undefended cases
FPR rule 7.14(1)	Only if the parties consent to the court giving such permission
FPR rule 7.20(2)
FPR rule 7.20(3)
FPR rule 7.20(5)
FPR rule 7.30(1)(d)(ii) and (3)	Only where the application under section 10A(2) was made on consent
FPR 7.32(2)
FPR rule 8.20(4)	Only where the parties consent to the person being made a respondent and where the person is not a child
FPR rule 9.18
FPR rule 9.20
FPR rule 9.26
FPR rule 10.3(1)
FPR rule 10.6(2)
FPR rule 10.7
FPR rule 12.3(2)	Only where the parties consent to the person being made a respondent and where the person is not a child
FPR rule 12.3(3)	Only where the parties consent to the person being made a respondent and where the person is not a child
FPR rule 12.3(4)	Only where otherwise authorised to add or remove the person as a party
FPR rule 12.4(5)	Only where the parties consent to the person being made a respondent and where the person is not a child
FPR rule 12.5
FPR rule 12.6(a)-(c)
Children Act 1989(7), section 7(1) and FPR rule 12.6(d)
FPR rule 12.12
FPR rule 12.13(1)
FPR rule 12.13(2)
FPR rule 12.14(3) and (4)
FPR rule 12.15
FPR rule 12.16(6)
FPR rule 12.16(7)
FPR rule 12.19(2) and (3)
FPR rule 12.21(1)
FPR rule 12.73(1)(b)
Practice Direction 12G, paragraph 1.2
Practice Direction 12J, paragraph 3
Practice Direction 12J, paragraph 5
Practice Direction 12J, paragraph 6
Practice Direction 12J, paragraph 12
Practice Direction 12J, paragraph 16
FPR rule 12.23
FPR rule 12.24
FPR rule 12.25
FPR rule 12.26
FPR rule 12.29
FPR rule 12.30
Children Act 1989, section 41
Children Act 1989, sections 10(1) and (2)	Only where— (a) a previous such order has been made in the same proceedings; (b) the terms of the order sought are the same as those of the last such order made; (c) the order is an order in the course of proceedings and does not dispose finally of the proceedings; and (d) a written request for such an order has been made and— (i) the other parties and any children’s guardian consent to the request and they or their legal representatives have signed the request; or (ii) at least one of the other parties and any children’s guardian consent to the request and they or their legal representatives have signed the request, and the remaining parties have not indicated that they either consent to or oppose the making of the order.
Children Act 1989, section 38(1)	Only where— (a) a previous such order has been made in the same proceedings; (b) the terms of the order sought are the same as those of the last such order made; and (c) a written request for such an order has been made and— (i) the other parties and any children’s guardian consent to the request and they or their legal representatives have signed the request; or (ii) at least one of the other parties and any children’s guardian consent to the request and they or their legal representatives have signed the request, and the remaining parties have not indicated that they either consent to or oppose the making of the order.
FPR rule 12.31
FPR rule 13.3(3)
FPR rule 13.3(4)
FPR rule 13.3(5)
FPR rule 13.5
FPR rule 13.8
FPR rule 13.9(1)	Except 13.9(1)(e) and (f)
FPR rule 13.9(3)
FPR rule 13.9(6)
FPR rule 13.9(8)
FPR rule 13.9(9)
FPR rule 13.11(1)
FPR rule 13.14
FPR rule 13.16
FPR rule 13.17
FPR rule 13.21(1)
FPR rule 13.21(4)
FPR rule 13.22(4)
FPR rule 14.2(3)	Only where the applicant consents to the removal
FPR rule 14.3(2)	Only where the parties consent to the child being made a respondent
FPR rule 14.3(3)	Only where the parties consent to the person or body being made a respondent or to a party being removed, as the case may be, and only where the person being made a respondent or being removed as a party is not a child
FPR rule 14.3(4)	Only where such directions are consequential on directions made under FPR rule 14.3(2) or (3)
FPR rule 14.5(2)(b) and (3)
FPR rule 14.6(1)
FPR rule 14.6(2)(a)
FPR rule 14.6(2)(b)
FPR rule 14.6(3)(b)
FPR rule 14.6(4)
FPR rule 14.7
FPR rule 14.8(1)	Except 14.8(1)(d)
FPR rule 14.8(4)
FPR rule 14.8(6)
FPR rule 14.8(7)
FPR rule 14.9(4)(b)
FPR rule 14.10(2)
FPR rule 14.14
FPR rule 14.16(4) and (7)
FPR rule 14.18
FPR rule 14.20
FPR rule 14.26(1)
FPR rule 14.27(2)
Practice Direction 14E, paragraph 1.2
FPR rule 15.6(3)
FPR rule 15.6(5)
FPR rule 15.8(1)(b)
FPR rule 15.9
Practice Direction 15B
FPR rule 16.3
FPR rule 16.3(2), (3) and (4)	Only in relation to specified proceedings as defined in the Children Act 1989, section 41(6)
FPR rule 16.4
FPR rule 16.11(3)
FPR rule 16.11(5) and (6)
FPR rule 16.21
FPR rule 16.24
FPR rule 16.30
FPR rule 16.33
FPR rule 16.34
FPR rule 17.3(2)
FPR rule 17.4
FPR rule 17.5
FPR rule 18.3(1)(c)	Only where the parties consent to the person being made a respondent and where the person being made a respondent is not a child
FPR rule 18.4(2)(b)
FPR rule 18.5(2)(c)
FPR rule 18.8(4)
FPR rule 18.9(1)	Only where authorised by these Rules to deal with the application with a hearing
Practice Direction 18A, paragraph 8.1
Practice Direction 18A, paragraph 10.1
Practice Direction 18A, paragraph 11.2
FPR rule 19.1(3)
FPR rule 19.4(4)
FPR rule 19.6(2)
FPR rule 19.8(1)(b)
FPR rule 19.8(3)
FPR rule 19.9(2)
Practice Direction 19A, paragraphs 4.1 and 4.4
FPR rule 21.2(3)	Only where the parties consent to the application for disclosure
Practice Direction 21A, paragraph 2.4
FPR rule 22.1(1)
FPR rule 22.3
FPR rule 22.5
FPR rule 22.7(1)
FPR rule 22.9
FPR rule 22.10
Practice Direction 22A, paragraph 5.3
FPR rule 23.4(1)
FPR rule 23.6(8)
The Act, section 31G(2)
FPR rule 24.3
FPR rule 24.4(2)
FPR rule 24.7
FPR rule 24.8
FPR rule 24.9
FPR rule 24.10
FPR rule 24.11(3)
FPR rule 24.13
FPR rule 25.4
FPR rule 25.8
FPR rule 25.9
FPR rule 25.10(2)
FPR rule 25.10(3)
FPR rule 25.10(4)
FPR rule 25.11
FPR rule 25.12
FPR rule 25.13
FPR rule 25.16
FPR rule 25.17
FPR rule 25.18
FPR rule 25.19
Practice Direction 25A, paragraph 2.1
Practice Direction 25B, paragraphs 10.1 and 10.2
Practice Direction 25E, paragraph 4.1
FPR rule 26.3
FPR rule 26.4
FPR rule 27.3
FPR rule 27.4
FPR rule 27.7
FPR rule 29.1
FPR rule 29.4
FPR rule 29.11
FPR rule 29.14
FPR rule 29.15	Only where the order in question is one which the justices’ clerk or assistant justices’ clerk made
FPR rule 29.16	Only where the order in question is one which a justices’ clerk or assistant justices’ clerk made

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules authorise justices’ clerks and assistants to justices’ clerks to carry out certain functions of the new single family court. These Rules require justices’ clerks and assistants to justices’ clerks to refer matters back to the court where it would be inappropriate to carry out an authorised function.

These Rules are made as part of the establishment of the single family court. Provision for the family court is made in section 17 of, and Schedules 10 and 11 to, the Crime and Courts Act 2013 (c.22).

An impact assessment for these Rules in annexed to the Explanatory Memorandum, which is available alongside these Rules at www.legislation.gov.uk.

(1)

1984 c.42. Sections 31O and 31P were inserted by the Crime and Courts Act 2013 (c.22), section 17(6) and Schedule 10, paragraph 1 (which, together with section 17(3) of that Act, establish the family court in England and Wales).

(2)

2013 c.22.

(3)

2003 c.39.

(4)

2004 c.33.

(5)

S.I. 2010/2955; relevant amending instruments are S.I. 2011/1328, 2012/679, 2007, 2046, 2806 and 3006, 2013/530 and 3204.

(6)

1973 c.18.

(7)

1989 c.41.