PART 2APPLICATION AND INTERPRETATION OF THE RULES
Power to perform functions conferred on the court by these rules and practice directions2.5
1
Where these rules or a practice direction provide for the court to perform any function then, except where any rule or practice direction, any other enactment or any directions made by the President of the Family Division under section 9 of the Courts and Legal Services Act 199037, provides otherwise, that function 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;
b
in relation to proceedings in a county court, by any judge or district judge including a district judge of the principal registry when the principal registry is treated as if it were a county court; 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 198038; or
ii
by a single justice of the peace who is a member of the family panel in accordance with Practice Direction 2A.
(The Justices’ Clerks Rules 2005 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, may not try a claim for a declaration of incompatibility in accordance with section 4 of the Human Rights Act 199839.