- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Magistrates' Courts Rules 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
36.—(1) Where a magistrates' court makes a decision in any domestic proceedings to which this rule applies, the court shall cause the reasons for its decision to be recorded in writing.
(2) Any record of a decision kept in pursuance of this rule shall indicate the names of the justices constituting the court by which the decision was made.
(3) Where a magistrates' court makes a decision in any proceedings for which the reasons are required by this rule to be recorded, the court shall draw up the terms of the record in consultation with the clerk of the court or any person employed to assist him as a clerk in court in the proceedings, and shall do so before the decision is announced.
(4) This rule applies to the following domestic proceedings, that is to say:—
(a)proceedings on an application for an order under section 2 or 7 of the Act of 1978 where the court, in pursuance of section 3(1)(g) of that Act, has regard to the conduct of each of the parties in relation to the marriage and in consequence determines that the amount of any payment to be made by the respondent should be less than it would have ordered apart from such conduct;
(b)proceedings where—
(i)an order regarding the legal custody of or access to a child is made under section 8(2) or 14 of the Act of 1978 or section 9, 10, 11 or 14A of the Guardianship of Minors Act 1971(1); or
(ii)any order made as aforesaid is varied,
and a party objects to any of the terms of the order or variation.
Commencement Information
I1Rule 36 in force at 6.7.1981, see rule 1(1)
1971 c. 3; section 14A was inserted by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), section 40.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: