(1)Subject to subsection (2) below, the power to make rules of court for the purposes of family proceedings in the High Court or county courts shall be exercisable by the Lord Chancellor together with any four or more of the following persons, namely—
(a)the President of the Family Division,
(b)one puisne judge attached to that Division,
[F1(c)one district judge of the principal registry of that Division,
(d)two Circuit judges,
(e)one district judge appointed under the County Courts Act 1984,
(f)two persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990), and
(g)two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court.]
(2)Subsection (1) above is without prejudice to the powers of the following authorities to make rules in respect of the matters referred to below and rules in respect of those matters shall continue to be made by those authorities and shall not be made by the authority constituted by subsection (1) above.
The rules and rule-making authorities are—
(a)adoption rules made by the Lord Chancellor under section 9(3) of the M1Adoption Act 1958, section 12(1) of the M2Adoption Act 1968 or section 66(1) of the M3Adoption Act 1976;
(b)probate rules made by the President of the Family Division with the concurrence of the Lord Chancellor under section 127 of the M4Supreme Court Act 1981.
(3)The persons to act in pursuance of subsection (1) above with the Lord Chancellor, other than the President of the Family Division, shall be appointed by the Lord Chancellor for such time as he may think fit.
F2[(3A)Rules made under this section may make different provision for different cases or different areas, including different provision—
(a)for a specific court, or
(b)for specific proceedings, or a specific jurisdiction,
specified in the rules.]
(4)Rules made under this section may, F3. . .
(a)modify or exclude the application of any provision of the County Courts Act 1984;
[F4(aa)authorise, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to family proceedings held in private;]and
(b)provide for the enforcement in the High Court of orders made in a divorce county court.
(5)Rules of court under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and the M5Statutory Instruments Act 1946 shall apply to a statutory instrument containing such rules as if the rules had been made by a Minister of the Crown.
Textual Amendments
F1S. 40(1)(c)–(g) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(3), Sch. 18 para. 50
F2S. 40(3A) inserted (14.3.1997) by 1997 c. 12, s. 10, Sch. 2 para. 3(a); S.I. 1997/841, art. 2
F3Words in s. 40(4) repealed (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 3(b); S.I 1999/1009 art. 3(K)
F4S. 40(4)(aa) inserted (12.4.2005) by Children Act 2004 (c. 31), ss. 62(5), 67(7)(j); S.I. 2005/847, art. 2
Commencement Information
I1S. 40 wholly in force at 14.10.1991 see s. 47(1)(e); S.I. 1991/1211, art. 2(a).
Marginal Citations
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Textual Amendments
F5S. 41 repealed (4.1.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 278(b), Sch. 10; S.I. 2004/3123, art. 2(b)(iv)(c)(iv) (with art. 3)