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66 Power to change certain requirements relating to Committee | |
(1) The Lord Chancellor may by order— | |
(a) amend section 65(2) (persons to be appointed to Committee by Lord | |
Chancellor), and | |
(b) make consequential amendments in any other provision of section 65. | 5 |
(2) Before making an order under this section the Lord Chancellor must consult | |
the Lord Chief Justice. | |
67 Process for making Criminal Procedure Rules | |
(1) The Criminal Procedure Rule Committee must, before making Criminal | |
Procedure Rules— | 10 |
(a) consult such persons as they consider appropriate, and | |
(b) meet (unless it is inexpedient to do so). | |
(2) Rules made by the Criminal Procedure Rule Committee must be— | |
(a) signed by a majority of the members of the Committee, and | |
(b) submitted to the Lord Chancellor. | 15 |
(3) The Lord Chancellor may, with the concurrence of the Secretary of State, allow, | |
disallow or alter rules so made. | |
(4) Before altering rules so made the Lord Chancellor must consult the Committee. | |
(5) Rules so made, as allowed or altered by the Lord Chancellor— | |
(a) come into force on such day as the Lord Chancellor directs, and | 20 |
(b) are to be contained in a statutory instrument to which the Statutory | |
Instruments Act 1946 (c. 36) applies as if the instrument contained rules | |
made by a Minister of the Crown. | |
(6) A statutory instrument containing Criminal Procedure Rules is subject to | |
annulment in pursuance of a resolution of either House of Parliament. | 25 |
68 Power to amend legislation in connection with the rules | |
The Lord Chancellor may, with the concurrence of the Secretary of State, by | |
order amend or repeal any enactment, or amend or revoke any provision of | |
subordinate legislation, to the extent that he considers necessary or desirable— | |
(a) in order to facilitate the making of Criminal Procedure Rules, or | 30 |
(b) in consequence of section 64 or 67 or Criminal Procedure Rules. | |
69 Practice directions as to practice and procedure of the criminal courts | |
(1) The Lord Chief Justice may, with the concurrence of the Lord Chancellor, give | |
directions as to the practice and procedure of the criminal courts. | |
(2) Directions as to the practice and procedure of the criminal courts may not be | 35 |
given by anyone other than the Lord Chief Justice without the approval of the | |
Lord Chief Justice and the Lord Chancellor. | |
(3) The power to give directions under subsection (1) includes power— | |
(a) to vary or revoke directions as to the practice and procedure of the | |
criminal courts (or any of them), whether given by the Lord Chief | 40 |
Justice or any other person, | |
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(b) to give directions containing different provision for different cases | |
(including different areas), and | |
(c) to give directions containing provision for a specific court, for specific | |
proceedings or for a specific jurisdiction. | |
(4) Nothing in this section prevents the Lord Chief Justice, without the | 5 |
concurrence of the Lord Chancellor, giving directions which contain guidance | |
as to law or making judicial decisions. | |
Family Procedure Rules and practice directions | |
70 Family Procedure Rules | |
(1) There are to be rules of court (to be called “Family Procedure Rules”) governing | 10 |
the practice and procedure to be followed in family proceedings in— | |
(a) the High Court, | |
(b) county courts, and | |
(c) magistrates’ courts. | |
(2) Family Procedure Rules are to be made by a committee known as the Family | 15 |
Procedure Rule Committee. | |
(3) “Family proceedings” means family proceedings as defined by — | |
(a) section 65 of the 1980 Act, or | |
(b) section 32 of the Matrimonial and Family Proceedings Act 1984 (c. 42). | |
(4) The power to make Family Procedure Rules includes power to make different | 20 |
provision for different areas, including different provision— | |
(a) for a specified court or description of courts, or | |
(b) for specified descriptions of proceedings or a specified jurisdiction. | |
(5) Any power to make or alter Family Procedure Rules is to be exercised with a | |
view to securing that— | 25 |
(a) the family justice system is accessible, fair and efficient, and | |
(b) the rules are both simple and simply expressed. | |
71 Further provision about scope of Family Procedure Rules | |
(1) Family Procedure Rules may not be made in respect of matters which may be | |
dealt with in probate rules made by the President of the Family Division, with | 30 |
the concurrence of the Lord Chancellor, under section 127 of the 1981 Act. | |
(2) Family Procedure Rules may — | |
(a) modify or exclude the application of any provision of the County | |
Courts Act 1984 (c. 28), and | |
(b) provide for the enforcement in the High Court of orders made in a | 35 |
divorce county court. | |
(3) Family Procedure Rules may modify the rules of evidence as they apply to | |
family proceedings in any court within the scope of the rules. | |
(4) Family Procedure Rules may apply any rules of court (including in particular | |
Civil Procedure Rules) which relate to— | 40 |
(a) courts which are outside the scope of Family Procedure Rules, or | |
(b) proceedings other than family proceedings. | |
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(5) Any rules of court, not made by the Family Procedure Rule Committee, which | |
apply to proceedings of a particular kind in a court within the scope of Family | |
Procedure Rules may be applied by Family Procedure Rules to family | |
proceedings in such a court. | |
(6) In this subsections (4) and (5) “rules of court” includes any provision governing | 5 |
the practice and procedure of a court which is made by or under an enactment. | |
(7) Where Family Procedure Rules may be made by applying other rules, the other | |
rules may be applied— | |
(a) to any extent, | |
(b) with or without modification, and | 10 |
(c) as amended from time to time. | |
72 Family Procedure Rule Committee | |
(1) The Family Procedure Rule Committee is to consist of— | |
(a) the President of the Family Division, and | |
(b) the persons currently appointed by the Lord Chancellor under | 15 |
subsection (2). | |
(2) The Lord Chancellor must appoint— | |
(a) two judges of the Supreme Court, at least one of whom must be a | |
puisne judge attached to the Family Division, | |
(b) one Circuit judge, | 20 |
(c) one district judge of the principal registry of the Family Division, | |
(d) one district judge appointed under section 6 of the County Courts Act | |
1984 (c. 28), | |
(e) one District Judge (Magistrates’ Courts), | |
(f) one lay justice, | 25 |
(g) one justices’ clerk, | |
(h) one person who has— | |
(i) a Supreme Court qualification, and | |
(ii) particular experience of family practice in the High Court, | |
(i) one person who has— | 30 |
(i) a Supreme Court qualification, and | |
(ii) particular experience of family practice in county courts, | |
(j) one person who has— | |
(i) a Supreme Court qualification, and | |
(ii) particular experience of family practice in magistrates’ courts, | 35 |
(k) one person who— | |
(i) has been granted by an authorised body, under Part 2 of the | |
1990 Act, the right to conduct litigation in relation to all | |
proceedings in the Supreme Court, and | |
(ii) has particular experience of family practice in the High Court, | 40 |
(l) one person who— | |
(i) has been so granted that right, and | |
(ii) has particular experience of family practice in county courts, | |
(m) one person who— | |
(i) has been so granted that right, and | 45 |
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(ii) has particular experience of family practice in magistrates’ | |
courts, | |
(n) one person nominated by CAFCASS, and | |
(o) one person with experience in and knowledge of the lay advice sector | |
or the system of justice in relation to family proceedings. | 5 |
(3) Before appointing a person under subsection (2), the Lord Chancellor must | |
consult the President of the Family Division. | |
(4) Before appointing a person under subsection (2)(a), the Lord Chancellor must | |
consult the Lord Chief Justice. | |
(5) Before appointing a person under subsection (2)(h) to (m), the Lord Chancellor | 10 |
must consult any body which— | |
(a) has members eligible for appointment under the provision in question, | |
and | |
(b) is an authorised body for the purposes of section 27 or 28 of the 1990 | |
Act. | 15 |
(6) The Lord Chancellor may reimburse the members of the Family Procedure | |
Rule Committee their travelling and out-of-pocket expenses. | |
73 Power to change certain requirements relating to Committee | |
(1) The Lord Chancellor may by order— | |
(a) amend section 72(2) (persons to be appointed to Committee by Lord | 20 |
Chancellor), and | |
(b) make consequential amendments in any other provision of section 72. | |
(2) Before making an order under this section the Lord Chancellor must consult | |
the President of the Family Division. | |
74 Process for making Family Procedure Rules | 25 |
(1) The Family Procedure Rule Committee must, before making Family Procedure | |
Rules— | |
(a) consult such persons as they consider appropriate, and | |
(b) meet (unless it is inexpedient to do so). | |
(2) Rules made by the Family Procedure Rule Committee must be— | 30 |
(a) signed by a majority of the members of the Committee, and | |
(b) submitted to the Lord Chancellor. | |
(3) The Lord Chancellor may allow, disallow or alter rules so made. | |
(4) Before altering rules so made the Lord Chancellor must consult the Committee. | |
(5) Rules so made, as allowed or altered by the Lord Chancellor— | 35 |
(a) come into force on such day as the Lord Chancellor directs, and | |
(b) are to be contained in a statutory instrument to which the Statutory | |
Instruments Act 1946 (c. 36) applies as if the instrument contained rules | |
made by a Minister of the Crown. | |
(6) A statutory instrument containing Family Procedure Rules is subject to | 40 |
annulment in pursuance of a resolution of either House of Parliament. | |
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