Matrimonial and Family Proceedings Act 1984

[F131CJudgesE+W

(1)A person is a judge of the family court if the person—

(a)is the Lord Chief Justice,

(b)is the Master of the Rolls,

(c)is the President of the Queen's Bench Division,

(d)is the President of the Family Division,

(e)is the Chancellor of the High Court,

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

(g)is the Senior President of Tribunals,

(h)is a puisne judge of the High Court,

(i)is a deputy judge of the High Court,

(j)is a Circuit judge,

(k)is the Judge Advocate General,

(l)is a Recorder,

(m)holds an office listed—

(i)in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or

(ii)in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc),

(n)is a district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes a deputy district judge appointed under section 8 of that Act),

(o)is a deputy district judge appointed under section 102 of the Senior Courts Act 1981,

(p)is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,

(q)is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,

(r)is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),

(s)is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(t)is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to that Act,

(u)is a transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act),

(v)is a member of a panel of Employment Judges established for England and Wales or for Scotland,

(w)is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),

(x)is a District Judge (Magistrates' Courts), or

(y)is a justice of the peace who is not a District Judge (Magistrates' Courts),

F2...

(2)A decision of the family court, if made by or by persons who include—

(a)a judge within subsection (1)(a) to (i),

(b)a person who has been a judge of the Court of Appeal, or

(c)a person who has been a puisne judge of the High Court,

is (so far as relevant) to be followed by a judge within subsection (1)(j) to (y), and by a [F3person authorised under section 67B(2) of the Courts Act 2003,] when carrying out functions of the family court unless doing so with a person within paragraphs (a) to (c) of this subsection.

(3)A fee-paid, or unsalaried, part-time judge of the family court may not act as a judge of the court in relation to any proceedings in the court in which the judge, or a partner or employer of the judge, or a body of which the judge is a member or officer, or a body of whose governing body the judge is a member, is directly or indirectly engaged as legal representative or agent for any party.

(4)In this section “legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).]

Textual Amendments

F1Ss. 31B-31P inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 1; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2Words in s. 31C(1) omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 7; S.I. 2022/1014, reg. 2(d) (with reg. 3)