The Family Court (Composition and Distribution of Business) Rules 2014

PART 4 Lay justices: chairmanship of the family court

Interpretation of this Part

10.  In this Part—

“2007 Rules” means the Justices of the Peace (Training and Development Committee) Rules 2007(1);

“BTDC” means the Bench Training and Development Committee established in accordance with the 2007 Rules; and

“FTDC” means the Family Training and Development Committee established in accordance with the 2007 Rules.

Chairman

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 is on a list of approved family court chairmen.

(2) A lay justice may preside before being included on a list of approved family court chairmen only if that lay justice is—

(a) under the supervision of another authorised lay justice who is on the list of approved family court chairmen; and

(b) has completed the training course required by rule 31 of the 2007 Rules.

(3) In this rule “list of approved family court chairmen” means a list kept by a FTDC or, where there is no FTDC, a BTDC in accordance with rules 32 and 35 of the 2007 Rules.

(4) This rule and rule 12 are subject to sections 18(1) and (2) of the Courts Act 2003(2).

Absence of authorised lay justice entitled to preside

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 rule 31(d) of the 2007 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.

(1)

S.I. 2007/1609. Relevant amending instrument is S.I. 2011/1493.

(2)

Section 18 was amended by paragraph 85 of Schedule 10 to the Crime and Courts Act 2013.