Courts Act 2003

Changes over time for: Section 77

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Courts Act 2003, Section 77 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 75(6) inserted by 2022 c. 35 Sch. 4 para. 3(2)
s. 76(2B) inserted by 2010 c. 26 Sch. 3 para. 14 (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))
s. 81(6) inserted by 2022 c. 35 Sch. 4 para. 3(3)
s. 85EA(5) words substituted by 2022 c. 32 Sch. 11 para. 29
Sch. 5 para. 13(1)(ca) inserted by 2013 c. 22 s. 26(3)

Commencement Orders yet to be applied to the Courts Act 2003

Commencement Orders bringing provisions within this Act into force:

S.I. 2005/547 art. 2 commences (2003 c. 39)

77Family Procedure Rule CommitteeE+W

This section has no associated Explanatory Notes

(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)[F3The persons to be appointed in accordance with subsections (1A) and (1B) are]—

(a)two judges of the [F4Senior 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 [F4Senior Courts] qualification, and

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

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

(j)one person who has—

(i)a [F4Senior Courts] qualification, and

(ii)particular experience of family practice in [F9the family court],

(k)one person who—

(i)has been [F10authorised by a relevant approved regulator] to conduct litigation in relation to all proceedings in the [F4Senior Courts], and

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

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

(m)one person who—

(i)has been so [F12authorised], and

(ii)has particular experience of family practice in [F13the 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 [F16in 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 [F18in 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

F1S. 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)

F2S. 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)

F3Words 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)

F4Words 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

F5S. 77(2)(ba) inserted (27.3.2017) by The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(a)

F6S. 77(2)(c) substituted (27.3.2017) by The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(b)

F7S. 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)

F8S. 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)

F9Words 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)

F10Words 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)