Matrimonial Causes Act 1973

50 Matrimonial causes rules

(1) The authority having power to make rules of court for the purposes of—

(a) this Act, the [1967 c. 56.] Matrimonial Causes Act 1967 (which confers jurisdiction on county courts in certain matrimonial proceedings), section 45 of the [1971 c. 23.] Courts Act 1971 (transfer of matrimonial proceedings between High Court and county court, etc.) and sections 26 to 28A of the [1965 c. 72.] Matrimonial Causes Act 1965 (maintenance of survivor from estate of deceased former spouse);

(b) proceedings in the High Court or a divorce county court for an order under section 7 of the [1967 c. 75.] Matrimonial Homes Act 1967 (transfer of protected or statutory tenancy under [1968 c. 23.] Rent Act 1968 on dissolution or annulment of marriage);

(c) certain other proceedings in the High Court, that is to say—

(i) proceedings in the High Court under section 17 of the [1882 c. 75.] Married Women's Property Act 1882, not being proceedings in the divorce registry treated by virtue of rules made under this section for the purposes of section 45 of the [1971 c. 23.] Courts Act 1971 as pending in a county court;

(ii) proceedings in the High Court under section 1 of the [1967 c. 75.] Matrimonial Homes Act 1967 (rights of occupation of matrimonial home for spouse not otherwise entitled);

(iii) proceedings in which the only substantive relief sought is a declaration with respect to a person's matrimonial status; or

(d) any enactment passed after this Act which relates to any matter dealt with in this Act, the [1967 c. 56.] Matrimonial Causes Act 1967 or sections 26 to 28A of the [1965 c. 72.] Matrimonial Causes Act 1965 ;

shall, subject to the exceptions listed in subsection (2) below, be the Lord Chancellor together with any four or more of the following persons, namely, the President of the Family Division, one puisne judge attached to that division, one registrar of the divorce registry, two Circuit judges, one registrar appointed under the [1959 c. 22.] County Courts Act 1959, two practising barristers being members of the General Council of the Bar and two practising solicitors of whom one shall be a member of the Council of the Law Society and the other a member of the Law Society and also of a local law society.

All the members of the authority, other than the Lord Chancellor himself and the President of the Family Division, shall be appointed by the Lord Chancellor for such time as he may think fit.

(2) The following shall be excepted from the purposes mentioned in subsection (1) above—

(a) proceedings in a county court in the exercise of a jurisdiction exercisable by any county court whether or not it is a divorce county court, that is to say, proceedings in a county court under section 32, 33, 36, 38 or 45 above or under section 26 or 27 of the Matrimonial Causes Act 1965 ;

(b) section 47 above, in so far as it relates to proceedings in a county court under section 45 above or to proceedings for an order under the [1960 c. 48.] Matrimonial Proceedings (Magistrates' Courts) Act 1960 ;

(c) any enactment passed after this Act in so far as it relates to proceedings in a county court in the exercise of any such jurisdiction as is mentioned in paragraph (a) above or to any aspect of section 47 above which is excepted by paragraph (b) above.

(3) Rules of court made under this section may apply, with or without modification, any rules of court made under the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925, the [1959 c. 22.] County Courts Act 1959 or any other enactment and—

(a) may modify or exclude the application of any such rules or of any provision of the County Courts Act 1959;

(b) may provide for the enforcement in the High Court of orders made in a divorce county court;

and, without prejudice to the generality of the preceding provisions, may make with respect to proceedings in a divorce county court any provision regarding the Official Solicitor or any solicitor of the Supreme Court which could be made by rules of court with respect to proceedings in the High Court.

(4) The power to make rules of court by virtue of subsection (1) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section " divorce county court" means a county court designated under section 1 of the [1967 c. 56.] Matrimonial Causes Act 1967 and " divorce registry " means the principal registry of the Family Division of the High Court.