SCHEDULEAuthorised court and tribunal staff: legal advice and judicial functions
PART 1Courts
Matrimonial and Family Proceedings Act 1984
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The Matrimonial and Family Proceedings Act 1984 is amended as follows.
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In section 31C(2) (precedent in the family court), for “justices' clerk or an assistant to a justices' clerk,” substitute “
person authorised under section 67B(2) of the Courts Act 2003,
”
.
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For section 31O substitute—
31OFunction of giving legal advice to judges
1
The Lord Chief Justice may authorise a person—
a
to give advice to judges of the family court about matters of law (including procedure and practice) on questions arising in connection with the discharge by them of functions conferred on them or the court, including questions arising when the person is not personally attending on them, and
b
to bring to the attention of judges of the family court, at any time when the person thinks appropriate, any point of law (including procedure and practice) that is or may be involved in any question so arising.
2
The Lord Chief Justice may authorise a person under subsection (1) only if the person—
a
is appointed under section 2(1) of the Courts Act 2003 or section 40(1) of the Tribunals, Courts and Enforcement Act 2007, and
b
has such qualifications as may be prescribed by regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice.
3
An authorisation under subsection (1)—
a
may be subject to conditions, and
b
may be varied or revoked by the Lord Chief Justice at any time.
4
The Lord Chief Justice may give directions to a person authorised to exercise functions under subsection (1).
5
Apart from such directions, a person authorised to exercise functions under subsection (1) is not subject to the direction of the Lord Chancellor or any other person when exercising the functions.
6
The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section—
a
a judicial office holder;
b
a person appointed under section 2(1) of the Courts Act 2003 or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.
7
A person nominated under subsection (6)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—
a
the Lord Chief Justice, or
b
a judicial office holder nominated by the Lord Chief Justice,
when exercising the functions.
8
In this section “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.
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In section 31P (orders, regulations and rules), omit subsection (2).