The Youth Courts and Family Proceedings Courts (Constitution) (Amendment) Rules 2000

Explanatory Note

(This note is not part of the Rules)

These Rules amend the following Rules to take account of the coming into force of section 78 of, and Schedule 11 to, the Access to Justice Act 1999 (c. 22) which unify and rename the stipendiary bench:—

• The Youth Courts (Constitution) Rules 1954 (No. 1711) (“the 1954 Rules”);

• The Family Proceedings Courts (Constitution) Rules 1991 (No. 1405);

• The Family Proceedings Courts (Constitution) (Metropolitan Areas) Rules 1991 (No. 1426).

Rule 2 of the 1954 Rules is deleted because the amendments made by section 78 of, and paragraph 12 of Schedule 11 to, the Access to Justice Act 1999 provide that a District Judge (Magistrates' Courts) is qualified to sit as a member of a youth court without being a member of a youth court panel and that a youth court may consist of a District Judge (Magistrates' Courts) sitting alone. The other amendments of the 1954 Rules, in rule 3 of these Rules, are to ensure that where the justices constituting a youth court in accordance with rule 12(1) of the 1954 Rules include a District Judge (Magistrates' Courts) he acts as chairman (subject to paragraphs (1A) and (2) of rule 13), and to amend a reference to a stipendiary magistrate to refer to a District Judge (Magistrates' Courts).