Part II Civil Jurisdiction and Procedure

Domestic proceedings

67 Domestic courts and panels.

1

Magistrates’ courts constituted in accordance with the provisions of this section and sitting for the purpose of hearing F1family proceedingsshall be known as F2family proceedings courts.

2

A justice shall not be qualified to sit as a member of a F3family proceedings courtunless he is a member of a F4family panel, that is to say a panel of justices specially appointed to deal with F1family proceedings.

3

Without prejudice to the generality of the power to make rules under section 144 below relating to the procedure and practice to be followed in magistrates’ courts, provision may be made by such rules with respect to any of the following matters, that is to say—

a

the formation and revision of F5family panelsand the eligibility of justices to be members of such panels;

b

the appointment of persons as chairmen of F2family proceedings courts; and

c

the composition of domestic courts.

4

Any provision made by rules by virtue of subsection (3) above for the formation of F5family panelsshall include provision for the formation of at least one F4family panelfor each commission area, but provision shall not be made by the rules for the formation of more than one F4family panelfor any petty sessions area.

In this subsection “commission area” has the same meaning as in the M1 Justice of the Peace Act 1979.

5

Rules made by virtue of subsection (3) above may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules and may, in particular, provide for the appointment of F5family panelsby him and for the removal from a F4family panelof any justice who, in his opinion, is unsuitable to serve on a F3family proceedings court.

6

Rules made by virtue of subsection (3) above may make different provision in relation to different areas for which F5family panelsare formed; and in the application of this section to the counties of Greater Manchester, Merseyside and Lancashire for any reference in subsection (5) above to the Lord Chancellor there shall be substituted a reference to the Chancellor of the Duchy of Lancaster.

7

A stipendiary magistrate who is a member of a F4family panelmay, notwithstanding anything in section 66(1) above, hear and determine F1family proceedingswhen sitting alone.

8

Nothing in this section shall require the formation of a F4family panelfor the City of London.