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Courts Act 2003

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This is the original version (as it was originally enacted).

77Family Procedure Rule Committee

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(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—

(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 1984 (c. 28),

(e)one District Judge (Magistrates' Courts),

(f)one lay justice,

(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—

(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,

(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,

(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

(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.

(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 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.

(6)The Lord Chancellor may reimburse the members of the Family Procedure Rule Committee their travelling and out-of-pocket expenses.

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