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Access to Justice Act 1999

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The Magistrates' Courts Act 1980 (c. 43)

26The Magistrates' Courts Act 1980 has effect subject to the following amendments.

27For section 66 substitute—

“66Composition of magistrates' courts for family proceedings: general

(1)A magistrates' court when hearing family proceedings shall be composed of—

(a)two or three lay justices; or

(b)a District Judge (Magistrates' Courts) as chairman and one or two lay justices;

or, if it is not practicable for such a court to be so composed, a District Judge (Magistrates' Courts) sitting alone.

(2)Except where such a court is composed of a District Judge (Magistrates' Courts) sitting alone, it shall, so far as practicable, include both a man and a woman.

(3)In this section and section 67 below “lay justices” means justices of the peace who are not District Judges (Magistrates' Courts).”

28(1)Section 67 (family courts and panels) is amended as follows.

(2)In subsection (2) (justice not to be qualified to hear family proceedings unless a member of a family panel of justices), for the words from “he” to “justices” substitute—

“(a)he is a District Judge (Magistrates' Courts) nominated by the Lord Chancellor to do so; or

(b)he is a member of a family panel, that is to say a panel of lay justices”.

(3)Omit subsection (7) (stipendiary magistrate may hear and determine family proceedings sitting alone if a member of a family panel).

29In section 144(2) (rule committee for magistrates' courts to include chief metropolitan stipendiary magistrate), for “chief metropolitan stipendiary magistrate” substitute “Senior District Judge (Chief Magistrate)”.

30In section 150(1) (interpretation), in the definition of “petty-sessional court-house”, for “stipendiary magistrate” substitute “District Judge (Magistrates' Courts)”.

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