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The Family Court (Composition and Distribution of Business) Rules 2014
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PART 4
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PART 4 E+WLay justices: chairmanship of the family court
[F1Interpretation of this PartE+W
10. In this Part, “2016 Rules” means the Justices of the Peace Rules 2016.]
Textual Amendments
F1Rule 10 substituted (1.4.2017) by The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), 36(2)
ChairmanE+W
11.—(1) When the family court is composed of two or three lay justices, it shall sit under the chairmanship of a lay justice who [F2has been approved to preside in accordance with the 2016 Rules].
(2) A lay justice may preside before being [F3approved to preside in accordance with the 2016 Rules] only if that lay justice is—
(a)under the supervision of another authorised lay justice who is [F4approved to preside in accordance with the 2016 Rules]; and
(b)has completed the training course required by [F5rule 19 of the 2016 Rules].
F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) This rule and rule 12 are subject to sections 18(1) and (2) of the Courts Act 2003 M1.
Textual Amendments
F2Words in rule 11(1) substituted (1.4.2017) by virtue of The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), 36(3)(a)
F3Words in rule 11(2) substituted (1.4.2017) by The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), 36(3)(b)
F4Words in rule 11(2)(a) substituted (1.4.2017) by The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), 36(3)(c)
F5Words in rule 11(2)(b) substituted (1.4.2017) by The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), 36(3)(d)
F6Rule 11(3) omitted (1.4.2017) by virtue of The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), 36(3)(e)
Marginal Citations
M1Section 18 was amended by paragraph 85 of Schedule 10 to the Crime and Courts Act 2013.
Absence of authorised lay justice entitled to presideE+W
12.—(1) The lay justices present may appoint one of their number to preside in the family court to deal with any case in the absence of a lay justice entitled to preside under rule 11 if—
(a)before making such appointment the lay justices present are satisfied as to the suitability for this purpose of the lay justice proposed; and
(b)expect as mentioned in paragraph (2), the lay justice proposed has completed or is undergoing a chairman training course in accordance with [F7rule 19(f) of the 2016 Rules].
(2) The condition in paragraph (1)(b) does not apply if by reason of illness, circumstances unforeseen when the lay justices to sit were chosen, or other emergency, no lay justice who complies with that condition is present.
Textual Amendments
F7Words in rule 12(1)(b) substituted (1.4.2017) by The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), 36(4)
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