The Family Proceedings Courts (Constitution) Rules 1991

Explanatory Note

(This note is not part of the Rules)

These Rules, which do not apply in the inner London area or in the City of London, are made as a consequence of the introduction, by the Children Act 1989 (c. 41), of family proceedings in magistrates' courts which, from 14th October 1991, replace domestic proceedings and thereby create a need for family panels to be constituted in place of domestic court panels.

Rule 4 provides that justices for each petty sessions area shall, at a meeting held in the first two weeks of October 1991, appoint justices to form a family panel, and specifies the term of their appointment and future appointments.

Rule 5 sets out the eligibility requirements for appointment to a family panel and enables the Lord Chancellor to remove any unsuitable justice from such a panel.

Rule 7 enables a justice, in certain circumstances, to be temporarily transferred from one family panel to another within the same commission area, or to another commission area where he has first been appointed to that area by the Lord Chancellor.

Rule 8 provides that the members of each family panel shall elect a chairman and deputy chairman or chairmen who, in accordance with rule 10(3), will normally preside at a sitting of the family proceedings court.

Rule 11(1) provides that where, immediately before 14th October 1991, a domestic court panel was combined for two or more petty sessions areas, these Rules shall apply as if the magistrates' courts committee for the areas in question had, before that date, made a direction for the formation of a combined family panel for those areas. Rule 11 also provides for the circumstances in which a magistrates' courts committee may make a direction for the formation or dissolution of a combined family panel and when such a direction is to take effect. The effect of such a direction is to dissolve any existing family panel in respect of the petty sessions areas specified in the direction.

Rules 12 and 13 provide that where a magistrates' courts committee has made a direction for the formation or dissolution of a combined family panel, justices must be appointed to serve as members of any panel which is constituted as a result of the direction, and specify when such appointments shall be made and the terms of such appointments.

These Rules revoke the Domestic Courts (Constitution) Rules 1979 and relevant amending statutory instruments. Nothing in these Rules affects any proceedings which are pending (within the meaning of paragraph 1 of Schedule 14 to the Act of 1989) immediately before these Rules come into force. These Rules shall come into force on 14th October 1991 except that for the purposes of rules 4(1), 8, 11(2) and 12(1), they shall come into force on 12th August 1991.