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(b) for specified descriptions of proceedings or a specified jurisdiction. | |
(4) Any power to make or alter Criminal Procedure Rules is to be exercised with a | |
view to securing that— | |
(a) the criminal justice system is accessible, fair and efficient, and | |
(b) the rules are both simple and simply expressed. | 5 |
70 Criminal Procedure Rule Committee | |
(1) The Criminal Procedure Rule Committee is to consist of— | |
(a) the Lord Chief Justice, and | |
(b) the persons currently appointed by the Lord Chancellor under | |
subsection (2). | 10 |
(2) The Lord Chancellor must appoint— | |
(a) a person nominated by the Secretary of State, | |
(b) three persons each of whom is either a puisne judge of the High Court | |
or an ordinary judge of the Court of Appeal, | |
(c) two Circuit judges with particular experience of sitting in criminal | 15 |
courts, | |
(d) one District Judge (Magistrates’ Courts), | |
(e) one lay justice, | |
(f) one justices’ clerk, | |
(g) the Director of Public Prosecutions or a person nominated by the | 20 |
Director, | |
(h) two persons who have a Supreme Court qualification and who have | |
particular experience of practice in criminal courts, | |
(i) two persons who— | |
(i) have been granted by an authorised body, under Part 2 of the | 25 |
1990 Act, the right to conduct litigation in relation to all | |
proceedings in the Supreme Court, and | |
(ii) have particular experience of practice in criminal courts, | |
(j) one person who appears to represent the Association of Chief Police | |
Officers, and | 30 |
(k) two persons who appear to represent voluntary organisations with a | |
direct interest in the work of criminal courts. | |
(3) Before appointing a person under subsection (2)(b) to (f), the Lord Chancellor | |
must consult the Lord Chief Justice. | |
(4) The Criminal Procedure Rule Committee is to be chaired by the Lord Chief | 35 |
Justice; and one of the judges appointed under subsection (2)(b) is to be his | |
deputy. | |
(5) The Lord Chancellor may reimburse— | |
(a) the travelling and out-of-pocket expenses of the members of the | |
Criminal Procedure Rule Committee, and | 40 |
(b) authorised travelling and out-of-pocket expenses of persons invited to | |
participate in the work of the Committee. | |
(6) “The 1990 Act” means the Courts and Legal Services Act 1990 (c. 41). | |
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71 Power to change certain requirements relating to Committee | |
(1) The Lord Chancellor may by order— | |
(a) amend section 70(2) (persons to be appointed to Committee by Lord | |
Chancellor), and | |
(b) make consequential amendments in any other provision of section 70. | 5 |
(2) Before making an order under this section the Lord Chancellor must consult | |
the Lord Chief Justice. | |
72 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) Subject to subsection (7), a statutory instrument containing Criminal Procedure | |
Rules is subject to annulment in pursuance of a resolution of either House of | 25 |
Parliament. | |
(7) A statutory instrument containing rules altered by the Lord Chancellor is of no | |
effect unless approved by a resolution of each House of Parliament before the | |
day referred to in subsection (5)(a). | |
73 Power to amend legislation in connection with the rules | 30 |
The Lord Chancellor may, with the concurrence of the Secretary of State, by | |
order amend, repeal or revoke any enactment to the extent that he considers | |
necessary or desirable— | |
(a) in order to facilitate the making of Criminal Procedure Rules, or | |
(b) in consequence of section 69 or 72 or Criminal Procedure Rules. | 35 |
74 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 | |
given by anyone other than the Lord Chief Justice without the approval of the | 40 |
Lord Chief Justice and the Lord Chancellor. | |
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(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 | |
Justice or any other person, | |
(b) to give directions containing different provision for different cases | 5 |
(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 | |
concurrence of the Lord Chancellor, giving directions which contain guidance | 10 |
as to law or making judicial decisions. | |
Family Procedure Rules and practice directions | |
75 Family Procedure Rules | |
(1) There are to be rules of court (to be called “Family Procedure Rules”) governing | |
the practice and procedure to be followed in family proceedings in— | 15 |
(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 | |
Procedure Rule Committee. | 20 |
(3) “Family proceedings”, in relation to a court, means proceedings in that court | |
which are family proceedings as defined by either— | |
(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 | 25 |
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— | 30 |
(a) the family justice system is accessible, fair and efficient, and | |
(b) the rules are both simple and simply expressed. | |
76 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 | 35 |
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 | 40 |
divorce county court. | |
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(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— | |
(a) courts which are outside the scope of Family Procedure Rules, or | 5 |
(b) proceedings other than family proceedings. | |
(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. | 10 |
(6) In subsections (4) and (5) “rules of court” includes any provision governing 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, | 15 |
(b) with or without modification, and | |
(c) as amended from time to time. | |
(8) Family Procedure Rules may, instead of providing for any matter, refer to | |
provision made or to be made about that matter by directions. | |
77 Family Procedure Rule Committee | 20 |
(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 | |
subsection (2). | |
(2) The Lord Chancellor must appoint— | 25 |
(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, | |
(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 | 30 |
1984 (c. 28), | |
(e) one District Judge (Magistrates’ Courts), | |
(f) one lay justice, | |
(g) one justices’ clerk, | |
(h) one person who has— | 35 |
(i) a Supreme Court qualification, and | |
(ii) particular experience of family practice in the High Court, | |
(i) one person who has— | |
(i) a Supreme Court qualification, and | |
(ii) particular experience of family practice in county courts, | 40 |
(j) one person who has— | |
(i) a Supreme Court qualification, and | |
(ii) particular experience of family practice in magistrates’ courts, | |
(k) one person who— | |
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(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, | |
(l) one person who— | 5 |
(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 | |
(ii) has particular experience of family practice in magistrates’ | 10 |
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. | |
(3) Before appointing a person under subsection (2), the Lord Chancellor must | 15 |
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 | |
must consult any body which— | 20 |
(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. | |
(6) The Lord Chancellor may reimburse the members of the Family Procedure | 25 |
Rule Committee their travelling and out-of-pocket expenses. | |
78 Power to change certain requirements relating to Committee | |
(1) The Lord Chancellor may by order— | |
(a) amend section 77(2) (persons to be appointed to Committee by Lord | |
Chancellor), and | 30 |
(b) make consequential amendments in any other provision of section 77. | |
(2) Before making an order under this section the Lord Chancellor must consult | |
the President of the Family Division. | |
79 Process for making Family Procedure Rules | |
(1) The Family Procedure Rule Committee must, before making Family Procedure | 35 |
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— | |
(a) signed by a majority of the members of the Committee, and | 40 |
(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. | |
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(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 | |
(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. | 5 |
(6) Subject to subsection (7), a statutory instrument containing Family Procedure | |
Rules is subject to annulment in pursuance of a resolution of either House of | |
Parliament. | |
(7) A statutory instrument containing rules altered by the Lord Chancellor is of no | |
effect unless approved by a resolution of each House of Parliament before the | 10 |
day referred to in subsection (5)(a). | |
80 Power to amend legislation in connection with the rules | |
The Lord Chancellor may by order amend, repeal or revoke any enactment to | |
the extent that he considers necessary or desirable— | |
(a) in order to facilitate the making of Family Procedure Rules, or | 15 |
(b) in consequence of section 75, 76 or 79 or Family Procedure Rules. | |
81 Practice directions relating to family proceedings | |
(1) The President of the Family Division may, with the concurrence of the Lord | |
Chancellor, give directions as to the practice and procedure of— | |
(a) county courts, and | 20 |
(b) magistrates’ courts, | |
in family proceedings. | |
(2) Directions as to the practice and procedure of those courts in family | |
proceedings may not be given by anyone other than the President of the Family | |
Division without the approval of the President of the Family Division and the | 25 |
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 | |
magistrates’ courts and county courts (or any of them) in family | |
proceedings, whether given by the President of the Family Division or | 30 |
any other person, | |
(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. | 35 |
Civil Procedure Rules | |
82 Civil Procedure Rules | |
(1) For section 1(3) of the 1997 Act (general objectives of Civil Procedure Rules) | |
substitute— | |
“(3) Any power to make or alter Civil Procedure Rules is to be exercised | 40 |
with a view to securing that— | |
(a) the system of civil justice is accessible, fair and efficient, and | |
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(b) the rules are both simple and simply expressed.” | |
(2) “The 1997 Act” means the Civil Procedure Act 1997 (c. 12). | |
83 Civil Procedure Rule Committee | |
(1) For section 2(1)(a) and (b) of the 1997 Act (ex officio members of the | |
Committee) substitute— | 5 |
“(aa) the Head of Civil Justice, | |
(ab) the Deputy Head of Civil Justice (if there is one), | |
(a) the Master of the Rolls (unless he holds an office mentioned in | |
paragraph (aa) or (ab)), and”. | |
(2) For section 2(2)(a) of the 1997 Act (one judge of the Supreme Court to be | 10 |
appointed to Committee) substitute— | |
“(a) either two or three judges of the Supreme Court,”. | |
(3) For section 2(2)(g) and (h) of the 1997 Act (appointment of persons with | |
experience etc. of lay advice sector and consumer affairs) substitute “and | |
(g) two persons with experience in and knowledge of the lay advice | 15 |
sector or consumer affairs.” | |
84 Power to change certain requirements relating to Committee | |
After section 2 of the 1997 Act insert— | |
“2A Power to change certain requirements relating to Committee | |
(1) The Lord Chancellor may by order— | 20 |
(a) amend section 2(2) (persons to be appointed to Committee by | |
Lord Chancellor), and | |
(b) make consequential amendments in any other provision of | |
section 2. | |
(2) Before making an order under this section the Lord Chancellor must | 25 |
consult— | |
(a) the Head of Civil Justice, | |
(b) the Deputy Head of Civil Justice (if there is one), and | |
(c) the Master of the Rolls (unless he holds an office mentioned in | |
paragraph (a) or (b)). | 30 |
(3) The power to make an order under this section is exercisable by | |
statutory instrument. | |
(4) A statutory instrument containing such an order is subject to | |
annulment in pursuance of a resolution of either House of Parliament.” | |
85 Process for making Civil Procedure Rules | 35 |
(1) Omit section 2(6) to (8) of the 1997 Act (process for making Civil Procedure | |
Rules). | |
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