The Justices’ Clerks (Amendment) Rules 2011

• Citation: S.I. 2011/633
• Sections: 17

Section 1 Citation and commencement

These rules may be cited as the Justices’ Clerks (Amendment) Rules 2011 and shall come into force on 6th April 2011.

Section 2 Amendments to Justices’ Clerks Rules 2005

The Justices’ Clerks Rules 2005 are amended in accordance with the following rules.

Section 3 Amendments to Justices’ Clerks Rules 2005

In rule 2, for “the Schedule” substitute “Schedules 1 and 2”.

Section 4 Amendments to Justices’ Clerks Rules 2005

In rule 3(1)—

(a) for “paragraphs 1 to 36 and 44 to 71 in the Schedule” substitute “paragraphs 1 to 36 of Schedule 1 and paragraphs 1 to 7 of Schedule 2”; and

(b) for “reference in the Schedule” substitute “reference in these Rules”.

Section 5 Amendments to Justices’ Clerks Rules 2005

After rule 3 insert—

(3A) Where a justices’ clerk—

(a) is performing the function of a single justice in accordance with paragraphs 1 to 7 of Schedule 2 to these Rules; and

(b) considers, for whatever reason, that it is inappropriate to perform the function,

the justices’ clerk must refer the matter to the magistrates’ court which may perform the function.

Section 6 Amendments to Justices’ Clerks Rules 2005

In rule 5, for “the Schedule” in paragraphs (a) and (b) substitute “Schedule 1”.

Section 7 Amendments to Justices’ Clerks Rules 2005

In the Schedule—

(a) in the heading, for “Schedule” substitute “Schedule 1”;

(b) omit the heading “Family etc. ” after paragraph 36; and

(c) omit paragraphs 37 to 71.

Section 8 Amendments to Justices’ Clerks Rules 2005

After the Schedule insert Schedule 2 which is set out in the Schedule to these Rules.

Section 9 Transitional provisions

Where, by virtue of Part 36 of the Family Procedure Rules 2010 , the Family Procedure Rules 2010 do not apply to a particular case, the Justices’ Clerks Rules 2005 shall have effect as if the amendments made to the Justices’ Clerks Rules 2005 by these Rules had not been made.

Section 1

The transfer of proceedings in accordance with any order made by the Lord Chancellor under Part 1 of Schedule 11 to the Children Act 1989 .

Section 2

The appointment of a children’s guardian or solicitor for a child under section 41 of the Children Act 1989 .

Section 3

The making of an order under section 11(3) or 38(1) of the Children Act 1989 where—

(a) a previous such order has been made in the same proceedings;

(b) the terms of the order sought are the same as those of the last such order made; and

(c) a written request for such an order has been made and—

(i) the other parties and any children’s guardian consent to the request and they or their legal representatives have signed the request; or

(ii) at least one of the other parties and any children’s guardian consent to the request and they or their legal representatives have signed the request, and the remaining parties have not indicated that they either consent to or oppose the making of the order.

Section 4

The issuing of a witness summons under section 97 of the Magistrates’ Courts Act 1980 in family proceedings as defined in section 65 of that Act .

Section 5

The request for a welfare report under section 7 of the Children Act 1989 .

Section 6

The determination that a complaint for the revocation, discharge, revival, alteration, variation or enforcement of a magistrates’ court maintenance order be dealt with by a magistrates’ court acting for another local justice area in accordance with the provisions of rule 41 or 59 of the Magistrates’ Courts Rules 1981 .

Section 7

All the functions of a magistrates’ court which a single justice may perform in accordance with rule 2.5 of the Family Procedure Rules 2010 and Practice Directions supplementing those rules except the functions listed in column 2 of the Table in accordance with the rules listed in column 1.

Section 8

In this Schedule, “hearing” and “order” have the meanings assigned to them by rule 2.3 of the Family Procedure Rules 2010.