The Family Procedure (Amendment No. 2) Rules 2014

Amendments to the Family Procedure Rules 2010

3.  In rule 2.3—

(a) in paragraph (1)—

(i) in the definitions of “CCR” and “RSC”, delete “subject to paragraph (4)”;

(ii) after the defined term “justices’ clerk” insert—

““lay justice” means a justice of the peace who is not a District Judge (Magistrates’ Courts);”; and

(iii) for the defined term “judge” substitute—

““judge” means—

(a)

in the High Court, a judge or a district judge of that court (including a district judge of the principal registry) or a person authorised to act as such; and

(b)

in the family court, a person who is—

(i)

the Lord Chief Justice;

(ii)

the Master of the Rolls;

(iii)

the President of the Queen's Bench Division;

(iv)

the President of the Family Division;

(v)

the Chancellor of the High Court;

(vi)

an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);

(vii)

the Senior President of Tribunals;

(viii)

a puisne judge of the High Court;

(ix)

a deputy judge of the High Court;

(x)

a person who has been a judge of the Court of Appeal or a puisne judge of the High Court who may act as a judge of the family court by virtue of section 9 of the Senior Courts Act 1981(1);

(xi)

the Chief Taxing Master;

(xii)

a taxing master of the Senior Courts;

(xiii)

a person appointed to act as a deputy for the person holding office referred to in sub-paragraph (xii) or to act as a temporary additional officer for any such office;

(xiv)

a circuit judge;

(xv)

a Recorder;

(xvi)

the Senior District Judge of the Family Division;

(xvii)

a district judge of the principal registry;

(xviii)

a person appointed to act as a deputy for the person holding office referred to in sub-paragraph (xvii) or to act as a temporary additional office holder for any such office;

(xix)

a district judge;

(xx)

a deputy district judge appointed under section 102 of the Senior Courts Act 1981(2) or section 8 of the County Courts Act 1984(3);

(xxi)

a District Judge (Magistrates’ Courts);

(xxii)

a lay justice;

(xxiii)

any other judge referred to in section 31C(1) of the 1984 Act who is authorised by the President of the Family Division to conduct particular business in the family court;”;

(b) in paragraph (3), for “Subject to paragraph (4), where” substitute “Where”; and

(c) omit paragraph (4).

(1)

1981 c. 54. For renaming of the Supreme Court Act 1981, see the Constitutional Reform Act 2005 (c. 4), sections 40, 59, Schedule 9, paragraph 36, Schedule 11 paragraph 1(1). Section 9 has been amended by the Crime and Courts Act 2013 (c. 22), sections 20, 21(4), Schedule 13, paragraph 52, paragraph 89, Schedule 14 paragraphs 1, 2; the Criminal Justice and Public Order Act 1994 (c. 33), section 52; the Administration of Justice Act 1982 (c. 53), section 58; the Judicial Pensions and Retirement Act 1993 (c. 8), sections 26, 31, Schedule 6, paragraph 5, Schedule 9; the Constitutional Reform Act 2005 (c. 4), section 15(1), Schedule 4, paragraph 114 , 121; the Courts Act 2003 (c. 39), section 109(1), Schedule 8, paragraph 260.

(2)

Section 102 has been amended by the Courts and Legal Services Act 1990 (c. 41), section 125(3), Schedule 18, paragraph 40; the Tribunals, Courts and Enforcement Act 2007 (c. 15), sections 56, 125(7), Schedule 11, paragraphs 1, 3, Schedule 20; the Crime and Courts Act 2013 (c. 22), section 20, Schedule 13, paragraph 36; the Judicial Pensions and Retirement Act 1993 (c. 8), section 31, Schedule 8, paragraph 15(3).

(3)

1984 c. 28. Section 8 has been amended by the Courts and Legal Services Act 1990 (c. 41), section 125(3), Schedule 18, paragraph 42; the Tribunals, Courts and Enforcement Act 2007 (c. 15), sections 56, Schedule 11, paragraphs 5, 7; the Crime and Courts Act 2013 (c. 22), section 17(5), 20, Schedule 9, paragraphs 1, 6, Schedule 13, paragraph 37; the Judicial Pensions and Retirement Act 1993 (c. 8), section 26, Schedule 6, paragraph 17.