- Latest available (Revised)
- Point in Time (04/01/2022)
- Original (As enacted)
Point in time view as at 04/01/2022.
Courts Act 2003, Section 77 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Family Procedure Rule Committee is to consist of—
(a)the President of the Family Division, and
[F1(b)the persons currently appointed in accordance with subsections (1A) and (1B).]
[F2(1A)The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (f) of subsection (2).
(1B)The Lord Chancellor must appoint the persons falling within paragraphs (g) to (o) of subsection (2).]
(2)[F3The persons to be appointed in accordance with subsections (1A) and (1B) are]—
(a)two judges of the [F4Senior Courts], at least one of whom must be a puisne judge attached to the Family Division,
(b)one Circuit judge,
[F5(ba)one judge of the family court who sits exclusively or primarily in Wales,]
[F6(c)one person who is either a district judge of the principal registry of the Family Division or a district judge appointed under section 6 of the County Courts Act 1984,]
(d)one district judge appointed under section 6 of the County Courts Act 1984 (c. 28),
(e)one District Judge (Magistrates' Courts),
(f)one lay justice,
[F7(g)one person authorised under section 31O(1) of the Matrimonial and Family Proceedings Act 1984 (authorisation to provide legal advice to judges of the family court),]
(h)one person who has—
(i)a [F4Senior Courts] qualification, and
(ii)particular experience of family practice in the High Court,
F8(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j)one person who has—
(i)a [F4Senior Courts] qualification, and
(ii)particular experience of family practice in [F9the family court],
(k)one person who—
(i)has been [F10authorised by a relevant approved regulator] to conduct litigation in relation to all proceedings in the [F4Senior Courts], and
(ii)has particular experience of family practice in the High Court,
F11(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m)one person who—
(i)has been so [F12authorised], and
(ii)has particular experience of family practice in [F13the family court],
(n)one person nominated by CAFCASS, F14...
[F15(na)one person nominated by the Welsh Ministers to represent the interests of Welsh family proceedings officers (within the meaning given by section 35(4) of the Children Act 2004), and]
(o)one person with experience in and knowledge of the lay advice sector or the system of justice in relation to family proceedings.
(3)Before appointing a person [F16in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and] the President of the Family Division.
(4)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Before appointing a person [F18in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within any of paragraphs (h) to (m) of subsection (2), must also consult] any body which—
(a)has members eligible for appointment under the provision in question, and
[F19(b)is a relevant approved regulator in relation to the exercise of a right of audience or the conduct of litigation (or both).]
[F20(5A)A person falling within subsection (2)(g) exercising a function as a member of the Family Procedure Rule Committee is not subject to the direction of the Lord Chancellor or any other person when exercising the function.]
(6)The Lord Chancellor may reimburse the members of the Family Procedure Rule Committee their travelling and out-of-pocket expenses.
[F21(7)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.]
[F22(8)In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]
Textual Amendments
F1S. 77(1)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)
F2S. 77(1A)(1B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)
F3Words in s. 77(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)
F4Words in s. 77 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2
F5S. 77(2)(ba) inserted (27.3.2017) by The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(a)
F6S. 77(2)(c) substituted (27.3.2017) by The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(b)
F7S. 77(2)(g) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 35(2); S.I. 2020/24, reg. 3(b)
F8S. 77(2)(i) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 93(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F9Words in s. 77(2)(j) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 93(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F10Words in s. 77(2)(k) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 144(2)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F11S. 77(2)(l) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 93(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F12Words in s. 77(2)(l)(m) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 144(2)(b)(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F13Words in s. 77(2)(m) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 93(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F14Word in s. 77(2)(n) omitted (27.3.2017) by virtue of The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(c)
F15S. 77(2)(na) inserted (27.3.2017) by The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(d)
F16S. 77(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)
F17S. 77(4) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, Sch. 4 para. 339(6), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(aa), 30(b)
F18Words in s. 77(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(7); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)
F19S. 77(5)(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 144(3) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F20S. 77(5A) inserted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 35(3); S.I. 2020/24, reg. 3(b)
F21S. 77(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(8); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)
F22S. 77(8) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 144(4) (with ss. 19, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: