The Family Court (Contempt of Court) (Powers) Regulations 2014

• Citation: S.I. 2014/833
• Sections: 5

Section 1 Citation, commencement and interpretation

These Regulations may be cited as the Family Court (Contempt of Court) (Powers) Regulations 2014 and come into force on 22nd April 2014.

Section 2 Citation, commencement and interpretation

In these Regulations—

“judge of district judge level” means—

the Senior District Judge of the Family Division;

a district judge of the Principal Registry of the Family Division;

a person appointed to act as deputy for the person holding office referred to in paragraph (b) or to act as a temporary additional officer for any such office;

is a district judge (which by virtue of section 8(1C) of the Country Courts Act 1984 , here includes a deputy district judge appointed under section 8 of that Act);

a deputy district judge appointed under section 102 of the Senior Courts Act 1981 ;

a District Judge (Magistrates’ Courts); or

any other judge of the family court authorised to sit as a judge of district judge level in the family court;

“lay justice” means a justice of the peace who is not a District Judge (Magistrates’ Courts);

“judge of the family court” means a judge referred to in section 31C(1) of the Matrimonial and Family Proceedings Act 1984 ; and

“judge of High Court judge level” means—

a deputy judge of the High Court;

a puisne judge of the High Court;

a person who has been a judge of the Court of Appeal or a puisne judge of the High Court who may act as a judge of the family court by virtue of section 9 of the Senior Courts Act 1981 ;

the Senior President of Tribunals;

the Chancellor of the High Court;

an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);

the President of the Queen’s Bench Division;

the President of the Family Division;

the Master of the Rolls; or

the Lord Chief Justice.

Section 3 Limits on committal powers exercisable by judges of district judge level for contempt in the face of the court in the family court

The committal powers exercisable by a judge of district judge level in the family court when dealing with an individual for—

(a) wilfully insulting a judge of the family court, or any witness, or any officer of the court during his or her sitting or attendance in court, or in going to or returning from the court; or

(b) wilfully interrupting the proceedings of the family court or otherwise misbehaving in court,

are limited to a period not exceeding one month.

Section 4 Limits on committal powers exercisable by lay justices for certain types of contempt of court in the family court

The committal powers exercisable by a lay justice in the family court when dealing with an individual for contempt of court in the family court are limited to a period not exceeding—

(a) two months where any individual disobeys a judgement or an order of, or an undertaking given to, the family court that requires that individual to do anything other than the payment of money or to abstain from doing anything; and

(b) one month where any individual—

(i) wilfully insults a judge of the family court, or any witness, or any officer of the court during his or her sitting or attendance in court, or in going to or returning from the court; or

(ii) wilfully interrupts the proceedings of the family court or otherwise misbehaves in court.

Section 5 Limits on fines for contempt of court in the family court

In any case where a judge of the family court, except a judge of High Court judge level, has the power to impose a fine when dealing with a person for contempt of court in the family court, the fine must not exceed level 5 on the standard scale.