(1)Magistrates' courts—
(a)constituted in accordance with this section or section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts)), and
(b)sitting for the purpose of hearing family proceedings,
are to be known as family proceedings courts.
(2)A justice of the peace is not qualified to sit as a member of a family proceedings court to hear family proceedings of any description unless he has an authorisation extending to the proceedings.
(3)He has an authorisation extending to the proceedings only if he has been authorised by the [F2Lord Chief Justice] to sit as a member of a family proceedings court to hear—
(a)proceedings of that description, or
(b)all family proceedings.
(4)The [F3Lord Chief Justice may, after consulting the Lord Chancellor, by rules] make provision about—
(a)the grant and revocation of authorisations,
(b)the appointment of chairmen of family proceedings courts, and
(c)the composition of family proceedings courts.
(5)Rules under subsection (4) may confer powers on the [F4Lord Chief Justice] with respect to any of the matters specified in the rules.
(6)Rules under subsection (4) may be made only after consultation with the Family Procedure Rule Committee.
(7)Rules under subsection (4) are to be made by statutory instrument.
(8)A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
[F5(9)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 subsection (3) or (4) or the powers conferred on him by rules under subsection (4).]]
Textual Amendments
F1S. 67 substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 49(1), 110; S.I. 2005/910, art. 3(r) (with saving for the effect of the amending provision 2003 c. 39, s. 49(1) (1.4.2005) by virtue of The Courts Act 2003 (Transitional Provisions, Savings and Consequential Provisions) Order 2005 (S.I. 2005/911, art. 8(1))
F2Words in s. 67(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 101(2); S.I. 2006/1014, s. 2(a), Sch. 1 para. 11(e)
F3Words in s. 67(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 101(3); S.I. 2006/1014, s. 2(a), Sch. 1 para. 11(e)
F4Words in s. 67(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 101(4); S.I. 2006/1014, s. 2(a), Sch. 1 para. 11(e)
F5S. 67(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 101(5); S.I. 2006/1014, s. 2(a), Sch. 1 para. 11(e)
Modifications etc. (not altering text)
C1S. 67 modified (prosp.) by Courts Act 2003 (c. 39), ss. 66(4), 110