- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Family Procedure Rules 2010, Section 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
2.5.—(1) M1Where these rules or a practice direction provide for the court to perform any function then, except where any rule or practice direction [F1or any other enactment] provides otherwise, that function may be performed—
(a)in relation to proceedings in the High Court or in a district registry, by any judge or district judge of that Court including a district judge of the principal registry;
[F2(b)in relation to proceedings in the family court—
(i)by the court composed in accordance with rules made under section 31D of the 1984 Act; or
(ii)where Practice Direction 2A applies, by a single lay justice who is authorised as specified in rules made under section 31D of the 1984 Act.]
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(F4... )
[F5(1A) The functions of the family court or a judge of the family court listed in Practice Direction 2C may be exercised by a justices’ legal adviser.]
[F6(1B) The functions of the High Court listed in Practice Direction 2D may be exercised by a court officer who meets the criteria specified in that Practice Direction.
(1C) Practice Direction 2D may make provision for the procedure to be followed where such a court officer exercises a function of the High Court.]
(2) A deputy High Court judge and a district judge, including a district judge of the principal registry, may not try a claim for a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998 M2.
Textual Amendments
F1Words in rule 2.5(1) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 5(a) (with rule 137); S.I. 2014/954, art. 2
F2Rule 2.5(1)(b) substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 4 (with rule 45)
F3Rule 2.5(1)(c) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 5(c) (with rule 137); S.I. 2014/954, art. 2
F4Words in rule 2.5(1) omitted (6.4.2020) by virtue of The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 4(a)
F5Rule 2.5(1A) inserted (6.4.2020) by The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 4(b)
F6Rule 2.5(1B)(1C) inserted (8.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(a), 4
Modifications etc. (not altering text)
C1Rule 2.5 excluded (18.6.2011) by The Magistrates' Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329), rules 1, 17 (with rule 3(2))
Marginal Citations
M11990 c.41. Section 9 was amended by section 15(1) of and paragraphs 211 and 213 of Schedule 4 to the Constitutional Reform Act 2005.
M21998 c.42. Section 4 was amended by section 40(4) of and paragraphs 66(1) and (2) of Schedule 9 to the Constitutional Reform Act 2005 and section 378(1) of and paragraph 156 of Schedule 16 to the Armed Forces Act 2006 (c.52) and section 67(1) of and paragraph 43 of Schedule 6 to the Mental Capacity Act 2005.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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: