The Family Procedure (Adoption) Rules 2005

Power to perform functions of the court

7.—(1) Where these Rules or a practice direction provide for the court to perform any act then, except where any rule or practice direction, any other enactment, or the Family Proceedings (Allocation to Judiciary) Directions(1), provides otherwise, that act may be performed—

(a) in relation to proceedings in the High Court or in a district registry, by any judge or district judge of that Court including a district judge of the principal registry of the Family Division;

(b) in relation to proceedings in a county court, by any judge or district judge including a district judge of the principal registry of the Family Division when the principal registry of the Family Division is treated as if it were a county court(2); and

(c) in relation to proceedings in a magistrates' court—

(i) by any family proceedings court constituted in accordance with sections 66 and 67 of the Magistrates' Courts Act 1980(3); or

(ii) by a single justice of the peace who is a member of the family panel—

(aa) where an application without notice is made under section 41(2) (recovery orders); and

(bb) in accordance with the relevant practice direction.

• (The Justices' Clerks Rules 2005(4) make provision for a justices' clerk or assistant clerk to carry out certain functions of a single justice of the peace.)

(2) A deputy High Court judge and a district judge, including a district judge of the principal registry of the Family Division, may not try a claim for a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998(5).

(1)

The Family Proceedings (Allocation to Judiciary) Directions [1999] 2 FLR 799 provides that circuit judges, deputy circuit judges, recorders (subject to certain exceptions), district judges and deputy district judges must be nominated as a judge to whom adoption proceedings may be allocated by the President of the Family Division.

(2)

By virtue of article 19 of the Children (Allocation of Proceedings) Order 1991 (S.I. 1991/1677) the principal registry of the Family Division is treated as a county court.

(3)

1980 c. 43. Section 67 was substituted by section 49 of the Courts Act 2003 (c. 39).

(4)

S.I. 2005/545 (L.10), amended by S.I. 2005/2796 (L. 23).

(5)

1998 c. 42.