Courts Act 2003

77 Family Procedure Rule Committee E+W

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

(a) the President of the Family Division, and

[F1 (b) the persons currently appointed in accordance with subsections (1A) and (1B).]

[F2 (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) [F3 The persons to be appointed in accordance with subsections (1A) and (1B) are]—

(a) two judges of the [F4 Senior Courts], at least one of whom must be a puisne judge attached to the Family Division,

(b) one Circuit judge,

[F5 (ba) one judge of the family court who sits exclusively or primarily in Wales,]

[F6 (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,

[F7 (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 [F4 Senior Courts] qualification, and

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

F8 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) one person who has—

(i) a [F4 Senior Courts] qualification, and

(ii) particular experience of family practice in [F9 the family court],

(k) one person who—

(i) has been [F10 authorised by a relevant approved regulator] to conduct litigation in relation to all proceedings in the [F4 Senior Courts], and

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

F11 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) one person who—

(i) has been so [F12 authorised], and

(ii) has particular experience of family practice in [F13 the family court],

(n) one person nominated by CAFCASS, F14 ...

[F15 (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 [F16 in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and] the President of the Family Division.

(4) F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Before appointing a person [F18 in 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

[F19 (b) is a relevant approved regulator in relation to the exercise of a right of audience or the conduct of litigation (or both).]

[F20 (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.

[F21 (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.]

[F22 (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

F1 S. 77(1)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F2 S. 77(1A)(1B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F3 Words in s. 77(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F4 Words in s. 77 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2

F5 S. 77(2)(ba) inserted (27.3.2017) by The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(a)

F6 S. 77(2)(c) substituted (27.3.2017) by The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(b)

F7 S. 77(2)(g) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 35(2); S.I. 2020/24, reg. 3(b)

F8 S. 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)

F9 Words 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)

F10 Words 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)

F11 S. 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)

F12 Words 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)

F13 Words 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)

F14 Word 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)

F15 S. 77(2)(na) inserted (27.3.2017) by The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(d)

F16 S. 77(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F17 S. 77(4) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, Sch. 4 para. 339(6), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(aa), 30(b)

F18 Words in s. 77(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(7); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F19 S. 77(5)(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 144(3) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F20 S. 77(5A) inserted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 35(3); S.I. 2020/24, reg. 3(b)

F21 S. 77(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(8); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F22 S. 77(8) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 144(4) (with ss. 19, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)