Part VII Miscellaneous and Supplementary

Rules

144 Rule committee and rules of procedure.

F1A1

The Lord Chancellor may appoint a rule committee for magistrates' courts.

(1)

F2The Lord Chief Justice may on the advice of or after consultation with the rule committee F3, and with the concurrence of the Lord Chancellor, make rules for regulating and prescribing F4 except in relation to—

(a)

any criminal cause or matter, or

(b)

family proceedings,

the procedure and practice to be followed in magistrates’ courts and by justices’ clerks F5and designated officers for magistrates' courts .

F6(1A)

If the Lord Chancellor does not agree rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice and the rules committee written reasons for doing so.

(2)

The rule committee shall consist of the Lord Chief Justice, the President of the Family Division of the High Court F7. . . and such number of other persons appointed by the Lord Chancellor as F8he may, after consulting the Lord Chief Justice, determine .

(3)

Among the members of the committee appointed by the Lord Chancellor there shall be at least

F9F10(za)

one District Judge (Magistrates' Courts);

(a)

one justices’ clerk;

(b)

one person who has a F11Senior Courts qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and

(c)

one person who has been F12authorised by a relevant approved regulator to conduct litigation in relation to all proceedings in the F11Senior Courts .

F13(3A)

In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.

(4)

The power to make rules conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment by resolution of either House of Parliament.

F14(4A)

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.

(5)

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .