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Judicial Review and Courts Act 2022

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Part 1E+WCivil proceedings and family proceedings in England and Wales

Power to give practice directionsE+W

1Practice directions may be given in relation to—

(a)civil proceedings in England and Wales that are governed by Online Procedure Rules;

(b)family proceedings in England and Wales that are governed by Online Procedure Rules.

Commencement Information

I1Sch. 3 para. 1 not in force at Royal Assent, see s. 51(4)

I2Sch. 3 para. 1 in force at 28.6.2023 by S.I. 2023/631, reg. 2

Contents of practice directionsE+W

2(1)Practice directions under paragraph 1(a) may provide for any matter which may be provided for in Online Procedure Rules for civil proceedings in England and Wales.

(2)Practice directions under paragraph 1(b) may provide for any matter which may be provided for in Online Procedure Rules for family proceedings in England and Wales.

Commencement Information

I3Sch. 3 para. 2 not in force at Royal Assent, see s. 51(4)

I4Sch. 3 para. 2 in force at 28.6.2023 by S.I. 2023/631, reg. 2

Giving practice directionsE+W

3(1)Practice directions under paragraph 1 may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.

(2)Practice directions under paragraph 1 may be given otherwise than in accordance with that Part of that Schedule; but, in this case, the directions may not be given without the approval of—

(a)the Lord Chancellor, and

(b)the Lord Chief Justice.

(3)Sub-paragraph (2)(a) does not require the approval of the Lord Chancellor for practice directions to the extent that they consist of guidance about—

(a)the application or interpretation of the law;

(b)the making of judicial decisions.

(4)Sub-paragraph (2)(a) does not require the approval of the Lord Chancellor for practice 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 after consultation with the Lord Chancellor (as well as with the approval of the Lord Chief Justice required by sub-paragraph (2)(b)).

Commencement Information

I5Sch. 3 para. 3 not in force at Royal Assent, see s. 51(4)

I6Sch. 3 para. 3 in force at 28.6.2023 by S.I. 2023/631, reg. 2

Particular provision in practice directionsE+W

4The power under paragraph 1 to give practice directions includes power—

(a)to vary or revoke directions given under paragraph 1 by any person;

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

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

Commencement Information

I7Sch. 3 para. 4 not in force at Royal Assent, see s. 51(4)

I8Sch. 3 para. 4 in force at 28.6.2023 by S.I. 2023/631, reg. 2

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