Constitutional Reform Act 2005

This section has no associated Explanatory Notes

380(1)Section 40 (family proceedings rules) is amended as follows.U.K.

(2)In subsection (1) for “by the Lord Chancellor together with any four or more of the following persons, namely—” substitute “ by a committee known as the Family Proceedings Rule Committee, which is to consist of the following persons— ”.

(3)For subsection (3) substitute—

(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.

(4)Omit subsection (5).

(5)In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003.