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Part 7E+WProcedure rules and practice directions

Modifications etc. (not altering text)

Family Procedure Rules and practice directionsE+W

75Family Procedure RulesE+W

(1)There are to be rules of court (to be called “Family Procedure Rules”) governing the practice and procedure to be followed in family proceedingsF1...

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Family Procedure Rules are to be made by a committee known as the Family Procedure Rule Committee.

[F2(3)Family proceedings” means—

(a)proceedings in the family court, and

(a)proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other.]

(4)The power to make Family Procedure Rules includes power to make different provision for [F3different cases or] different areas, including different provision—

(a)for a specified court or description of courts, or

(b)for specified descriptions of proceedings or a specified jurisdiction.

(5)Any power to make F4. . . Family Procedure Rules is to be exercised with a view to securing that—

(a)the family justice system is accessible, fair and efficient, and

(b)the rules are both simple and simply expressed.

Textual Amendments

F1Words in s. 75(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 91(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2S. 75(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 91(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3Words in s. 75(4) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 91(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I1S. 75 partly in force; s. 75 not in force at Royal Assent see s. 110(1)(2); s. 75 in force for certain purposes at 7.10.2005 by S.I. 2005/2744, art. 2(2)(a) (with arts. 2(1), 3)

I2S. 75 in force at 12.12.2010 in so far as not already in force by S.I. 2010/2921, art. 2(a)

76Further provision about scope of Family Procedure RulesE+W

(1)Family Procedure Rules may not be made in respect of matters which may be dealt with in probate rules made F5. . . under section 127 of the 1981 Act.

(2)Family Procedure Rules may —

(a)modify or exclude the application of any provision of the County Courts Act 1984 (c. 28), F6...

F7(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(2A)Family Procedure Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to family proceedings held in private.]

(3)Family Procedure Rules may modify the rules of evidence as they apply to family proceedingsF10....

(4)Family Procedure Rules may apply any rules of court (including in particular Civil Procedure Rules) which relate to—

(a)courts which are outside the scope of Family Procedure Rules, or

(b)proceedings other than family proceedings.

(5)Any rules of court, not made by the Family Procedure Rule Committee, which apply to proceedings of a particular kind in a court within the scope of Family Procedure Rules may be applied by Family Procedure Rules to family proceedings in such a court.

(6)In subsections (4) and (5) “rules of court” includes any provision governing the practice and procedure of a court which is made by or under an enactment.

(7)Where Family Procedure Rules may be made by applying other rules, the other rules may be applied—

(a)to any extent,

(b)with or without modification, and

(c)as amended from time to time.

(8)Family Procedure Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions.

Textual Amendments

F8S. 76(2)(b) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 92(2)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F9S. 76(2A) inserted (12.4.2005) by Children Act 2004 (c. 31), s. 62(7); S.I. 2005/847, art. 2

F10Words in s. 76(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 92(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I3S. 76 partly in force; s. 76 not in force at Royal Assent see s. 110(1)(2); s. 76 in force for certain purposes at 7.10.2005 by S.I. 2005/2744, art. 2(2)(b) (with arts. 2(1), 3)

I4S. 76 in force at 12.12.2010 in so far as not already in force by S.I. 2010/2921, art. 2(b)

77Family Procedure Rule CommitteeE+W

(1)The Family Procedure Rule Committee is to consist of—

(a)the President of the Family Division, and

[F11(b)the persons currently appointed in accordance with subsections (1A) and (1B).]

[F12(1A)The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (f) of subsection (2).

(1B)The Lord Chancellor must appoint the persons falling within paragraphs (g) to (o) of subsection (2).]

(2)[F13The persons to be appointed in accordance with subsections (1A) and (1B) are]—

(a)two judges of the [F14Senior Courts], at least one of whom must be a puisne judge attached to the Family Division,

(b)one Circuit judge,

[F15(ba)one judge of the family court who sits exclusively or primarily in Wales,]

[F16(c)one person who is either a district judge of the principal registry of the Family Division or a district judge appointed under section 6 of the County Courts Act 1984,]

(d)one district judge appointed under section 6 of the County Courts Act 1984 (c. 28),

(e)one District Judge (Magistrates' Courts),

(f)one lay justice,

[F17(g)one person authorised under section 31O(1) of the Matrimonial and Family Proceedings Act 1984 (authorisation to provide legal advice to judges of the family court),]

(h)one person who has—

(i)a [F14Senior Courts] qualification, and

(ii)particular experience of family practice in the High Court,

F18(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)one person who has—

(i)a [F14Senior Courts] qualification, and

(ii)particular experience of family practice in [F19the family court],

(k)one person who—

(i)has been [F20authorised by a relevant approved regulator] to conduct litigation in relation to all proceedings in the [F14Senior Courts], and

(ii)has particular experience of family practice in the High Court,

F21(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)one person who—

(i)has been so [F22authorised], and

(ii)has particular experience of family practice in [F23the family court],

(n)one person nominated by CAFCASS, F24...

[F25(na)one person nominated by the Welsh Ministers to represent the interests of Welsh family proceedings officers (within the meaning given by section 35(4) of the Children Act 2004), and]

(o)one person with experience in and knowledge of the lay advice sector or the system of justice in relation to family proceedings.

(3)Before appointing a person [F26in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and] the President of the Family Division.

(4)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Before appointing a person [F28in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within any of paragraphs (h) to (m) of subsection (2), must also consult] any body which—

(a)has members eligible for appointment under the provision in question, and

[F29(b)is a relevant approved regulator in relation to the exercise of a right of audience or the conduct of litigation (or both).]

[F30(5A)A person falling within subsection (2)(g) exercising a function as a member of the Family Procedure Rule Committee is not subject to the direction of the Lord Chancellor or any other person when exercising the function.]

(6)The Lord Chancellor may reimburse the members of the Family Procedure Rule Committee their travelling and out-of-pocket expenses.

[F31(7)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

[F32(8)In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]

Textual Amendments

F18S. 77(2)(i) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 93(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F19Words in s. 77(2)(j) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 93(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F20Words in s. 77(2)(k) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 144(2)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F21S. 77(2)(l) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 93(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F22Words in s. 77(2)(l)(m) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 144(2)(b)(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F23Words in s. 77(2)(m) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 93(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F24Word in s. 77(2)(n) omitted (27.3.2017) by virtue of The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(c)

78Power to change certain requirements relating to CommitteeE+W

(1)The Lord Chancellor may by order—

(a)amend section 77(2) (persons to be appointed to Committee by Lord Chancellor [F33or Lord Chief Justice]), and

(b)make consequential amendments in any other provision of section 77.

[F34(1A)The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.]

(2)Before making an order under this section the Lord Chancellor must consult the President of the Family Division.

[F35(3)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

79Process for making Family Procedure RulesE+W

(1)The Family Procedure Rule Committee must, before making Family Procedure Rules—

(a)consult such persons as they consider appropriate, and

(b)meet (unless it is inexpedient to do so).

(2)Rules made by the Family Procedure Rule Committee must be—

(a)signed by a majority of the members of the Committee, and

(b)submitted to the Lord Chancellor.

[F36(3)The Lord Chancellor may allow or disallow rules so made.

(4)If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.]

(5)Rules so made, [F37and allowed] by the Lord Chancellor—

(a)come into force on such day as the Lord Chancellor directs, and

(b)are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

(6)F38. . . a statutory instrument containing Family Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I5S. 79 partly in force; s. 79 not in force at Royal Assent see s. 110(1)(2); s. 79 in force for certain purposes at 7.10.2005 by S.I. 2005/2744, art. 2(2)(c) (with arts. 2(1), 3)

I6S. 79 in force at 12.12.2010 in so far as not already in force by S.I. 2010/2921, art. 2(c)

[F4079ARules to be made if required by Lord ChancellorE+W

(1)This section applies if the Lord Chancellor gives the Family Procedure Rules Committee written notice that he thinks it is expedient for Family Procedure Rules to include provision that would achieve a purpose specified in the notice.

(2)The Committee must make such rules as it considers necessary to achieve the specified purpose.

(3)Those rules must be—

(a)made within a reasonable period after the Lord Chancellor gives notice to the Committee;

(b)made in accordance with section 79.]

Textual Amendments

80Power to amend legislation in connection with the rulesE+W

F411The Lord Chancellor may [F42, after consulting the Lord Chief Justice,] by order amend, repeal or revoke any enactment to the extent that he considers necessary or desirable—

(a)in order to facilitate the making of Family Procedure Rules, or

(b)in consequence of section 75, 76 or 79 or Family Procedure Rules.

[F43(2)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

Commencement Information

I7S. 80 partly in force; s. 80 not in force at Royal Assent see s. 110(1)(2); s. 80 in force for certain purposes at 7.10.2005 by S.I. 2005/2744, art. 2(2)(d) (with arts. 2(1), 3)

I8S. 80 in force at 12.12.2010 in so far as not already in force by S.I. 2010/2921, art. 2(d)

81Practice directions relating to family proceedingsE+W

(1)[F44Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005] as to the practice and procedure of—

[F45(za)the civil division of the Court of Appeal [F46in proceedings on appeal from the Family Division of the High Court or from the family court],

[F47(zb)the Family Division of the High Court in proceedings which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and

(aa)the family court.]

(2)Directions as to the practice and procedure [F48mentioned in subsection (1) which are] [F49given otherwise than under subsection (1) may not be given without the approval of—

(a)the Lord Chancellor, and

(b)the Lord Chief Justice.]

[F50(2A)Directions as to the practice and procedure [F51mentioned in subsection (1)] (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be provided for by Civil Procedure Rules.]

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

(a)to vary or revoke directions as to the practice and procedure [F52mentioned in subsection (1),] whether given [F53under subsection (1) or otherwise],

(b)to give directions containing different provision for different cases (including different areas), and

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

[F54(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.]

[F55(5)In this section—

Textual Amendments

F46Words in s. 81(1)(za) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(2)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F47S. 81(1)(zb)(aa) substituted for words in s. 81(1) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(2)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F48Words in s. 81(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F51Words in s. 81(2A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F52Words in s. 81(3)(a) substituted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F56Words in s. 81(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(6); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)