The National Assembly for Wales (Conduct of Litigation and Exercise of Rights of Audience) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the types of officer who can be authorised by the National Assembly for Wales (“the Assembly”), in accordance with section 37(1) of the Children Act 2004 (c. 31)(“the Act”). Section 37 allows the Assembly to authorise a Welsh family proceedings officer, in the exercise of his functions, to conduct litigation in relation to any proceedings in any court and to exercise rights of audience in any proceedings before any court.

The Assembly is given functions previously discharged by the Children and Family Court Advisory and Support Service, established under section 11 of the Criminal Justice and Court Services Act 2000, in respect of children ordinarily resident in Wales by section 35 of the Act. These functions are, in respect of family proceedings in which the welfare of such children is or may be in question, to give advice in any court about any application, to make provision for the children to be represented and to provide information, advice and other support for the children and their families.