Matrimonial and Family Proceedings Act 1984

40 Family proceedings rules. E+W

(1) Subject to subsection (2) below, the power to make rules of court for the purposes of family proceedings in the High Court or county courts shall be exercisable [F1 by a committee known as the Family Proceedings Rule Committee, which is to consist of the following persons—]

(a) the President of the Family Division,

(b) one puisne judge attached to that Division,

[F2 (c) one district judge of the principal registry of that Division,

(d) two Circuit judges,

(e) one district judge appointed under the County Courts Act 1984,

(f) two persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990), and

(g) two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court.]

(2) Subsection (1) above is without prejudice to the powers of the following authorities to make rules in respect of the matters referred to below and rules in respect of those matters shall continue to be made by those authorities and shall not be made by the authority constituted by subsection (1) above.

The rules and rule-making authorities are—

(a) adoption rules made F3 ... under section 9(3) of the M1 Adoption Act 1958, section 12(1) of the M2 Adoption Act 1968 or section 66(1) of the M3 Adoption Act 1976;

(b) probate rules made F4 ... under section 127 of the M4 Supreme Court Act 1981.

[F5 (3) The members of the Family Proceedings Rule Committee, other than those eligible to act by virtue of their office, are appointed under subsection (3ZA) or (3ZB).

(3ZA) The Lord Chief Justice must appoint the persons referred to in paragraphs (b), (c) (d) and (e) of subsection (1), after consulting the Lord Chancellor.

(3ZB) The Lord Chancellor must appoint the persons referred to in paragraphs (f) and (g) of subsection (1), after consulting the Lord Chief Justice.

(3ZC) A person is to be appointed under subsection (3ZA) or (3ZB) for such period as the Lord Chancellor determines after consulting the Lord Chief Justice.]

F6 [(3A) Rules made under this section may make different provision for different cases or different areas, including different provision—

(a) for a specific court, or

(b) for specific proceedings, or a specific jurisdiction,

specified in the rules.]

(4) Rules made under this section may, F7 . . .

(a) modify or exclude the application of any provision of the County Courts Act 1984;

[F8 (aa) authorise, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to family proceedings held in private;]and

(b) provide for the enforcement in the High Court of orders made in a divorce county court [F9 or a civil partnership proceedings county court ] .

F10 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 40(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 380(2) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F2 S. 40(1)(c)–(g) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(3), Sch. 18 para. 50

F3 Words in s. 40(2)(a) omitted (3.4.2006) by virtue of Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 1 para. 18(a), Sch. 18 Pt. 1; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(a)

F4 Words in s. 40(2)(b) omitted (3.4.2006) by virtue of Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 1 para. 18(b), Sch. 18 Pt. 1; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(a)

F5 S. 40(3)-(3ZC) substituted for s. 40(3) (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 380(3) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F6 S. 40(3A) inserted (14.3.1997) by 1997 c. 12, s. 10, Sch. 2 para. 3(a); S.I. 1997/841, art. 2

F7 Words in s. 40(4) repealed (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 3(b); S.I 1999/1009 art. 3(K)

F8 S. 40(4)(aa) inserted (12.4.2005) by Children Act 2004 (c. 31), ss. 62(5), 67(7)(j); S.I. 2005/847, art. 2

F9 Words in s. 40(4)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 95; S.I. 2005/3175, art. 2(2)

F10 S. 40(5) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 380(4), Sch. 18 Pt. 2 (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(cc) 30(b)

Modifications etc. (not altering text)

C1 S. 40(2) modified (7.10.2005) by The Courts Act 2003 (Commencement No. 11 and Transitional Provision) Order 2005 (S.I. 2005/2744), art. 3

Commencement Information

I1 S. 40 wholly in force at 14.10.1991 see s. 47(1)(e); S.I. 1991/1211, art. 2(a).

Marginal Citations

M1 1958 c. 5.

M2 1968 c. 53.

M3 1976 c. 36.

M4 1981 c. 54.