Part 7 E+WProcedure rules and practice directions

Modifications etc. (not altering text)

Family Procedure Rules and practice directionsE+W

81Practice directions relating to family proceedingsE+W

(1)[F1Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005] as to the practice and procedure of—

[F2(za)the civil division of the Court of Appeal,

(zb)the High Court,]

(a)county courts, and

(b)magistrates' courts,

in family proceedings.

(2)Directions as to the practice and procedure of those courts in family proceedings [F3 given otherwise than under subsection (1) may not be given without the approval of—

(a)the Lord Chancellor, and

(b)the Lord Chief Justice.]

[F4(2A)Directions as to the practice and procedure of any relevant court in family proceedings (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be provided for by Civil Procedure Rules.]

(3)The power to give directions under subsection (1) includes power—

(a)to vary or revoke directions as to the practice and procedure of [F5any relevant court](or any of them) in family proceedings, whether given [F6under subsection (1) or otherwise] ,

(b)to give directions containing different provision for different cases (including different areas), and

(c)to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.

[F7(4)Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of judicial decisions.

(5)Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

(a)after consulting the Lord Chancellor, and

(b)with the approval of the Lord Chief Justice.]

[F8(5)In this section—

  • “Civil Procedure Rules” has the same meaning as in the Civil Procedure Act 1997;

  • “relevant court” means a court listed in subsection (1).]

Textual Amendments