# The Family Court (Composition and Distribution of Business) Rules 2014

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Statutory Instruments

# 2014 No. 840 (L. 13)

Family Proceedings

Senior Courts Of England And Wales

Family Court, England And Wales

# The Family Court (Composition and Distribution of Business) Rules 2014

Made

31st March 2014

Laid before Parliament

1st April 2014

Coming into force

22nd April 2014

The President of the Family Division, as nominee of the Lord Chief Justice under paragraph 2(2)(b) of Part 1 of Schedule 1                           to the Constitutional Reform Act 2005 F1, makes the following rules in exercise of the powers conferred by section 31D(1), (2), (3) and (5)(a) of the Matrimonial                           and Family Proceedings Act 1984 F2*.*                        

These Rules are made after consultation with the Family Procedure Rule Committee in accordance with section 31D(5)(b) of the                           Matrimonial and Family Proceedings Act 1984.                        

These Rules are made with the agreement of the Lord Chancellor in accordance with paragraph 2 of Part 1 of Schedule 1 to the                           Constitutional Reform Act 2005.                        

F12005 c.4.

F21984 c.42. Section 31D was inserted by paragraph 1 of Schedule 10 to the Crime and Courts Act 2013 (c.22).

## **PART 1**E+WIntroductory provisions

### Citation, commencement and interpretationE+W

1.  These Rules may be cited as the Family Court (Composition and Distribution of Business) Rules 2014 and come into force on                     22nd April 2014.                  

### 

2.—(1) In these Rules—                  

“the 1991 Act” means the Child Support Act 1991 F3;                  

“appeal” includes an application seeking permission to appeal and an application in the course of the appeal proceedings;                  

F4...                  

“authorised”, except in the context of references to an authorised court officer, means authorised by the President of the                     Family Division or nominated by or on behalf of the Lord Chief Justice to conduct particular business in the family court,                     in accordance with Part 3;                  

“authorised court officer” has the meaning assigned to it by rule 44.1 of the Civil Procedure Rules 1998 F5 as applied to family proceedings by rule 28.2(1) of the Family Procedure Rules 2010 F6;                  

“costs judge” means—                  

the Chief Taxing Master;

a taxing master of the Senior Courts; or

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;                           

“financial remedy” has the meaning assigned to it by rule 2.3 of the Family Procedure Rules 2010;                  

“judge of circuit judge level” means—                  

a circuit judge who, where applicable, is authorised;

a Recorder who, where applicable, is authorised;

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

“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;                           

a district judge who, where applicable, is authorised;

a deputy district judge appointed under section 102 of the Senior Courts Act 1981 F7 or section 8 of the County Courts Act 1984 F8 who, where applicable, is authorised;                           

an authorised District Judge (Magistrates' Courts);

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

“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 F9;                           

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;

the Lord Chief Justice;

“judge of the family court” means a judge referred to in section 31C(1) of the Matrimonial and Family Proceedings Act 1984 F10*;*                  

F4...                  

“lay justice” means an authorised justice of the peace who is not a District Judge (Magistrates' Courts).                  

(2) In these Rules, references to provisions of the Adoption and Children Act 2002 F11 include, as applicable, references to those provisions as modified by the Human Fertilisation and Embryology (Parental Orders)                     Regulations 2010 F12.                  

F31991 c.48.

F4Words in rule 2(1) omitted (6.4.2020) by virtue of The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations                                 2020 (S.I. 2020/100), reg. 1(2), **Sch. para. 16(2)** (with reg. 4)

F5S.I. 1998/3132. Relevant amending instrument is S.I. 2013/262.

F6S.I. 2010/2955. Relevant amending instrument is S.I. 2013/3204.

F71981 c.54. Section 102 was amended by paragraph 40 of Schedule 18 to, and Schedule 20 to, the Courts and Legal Services Act 1990 (c.41), **paragraph 15(3)** of Schedule 8 to the Judicial Pensions and Retirement Act 1993 (c.8), **paragraph 3** of Schedule 11 to the Tribunals Courts and Enforcement Act 2007 (c.15) and paragraph 36 of Schedule 13 to the Crime and Courts Act 2013.

F81984 c.28. Section 8 was amended by paragraph 42 of Schedule 18 to the Courts and Legal Services Act 1990, paragraph 17(1) of Schedule                              6, and Schedule 9, to the Judicial Pensions and Retirement Act 1993, paragraph 7 of Schedule 11 to the Tribunals, Courts and                              Enforcement Act 2007 and paragraph 6 of Schedule 9, and paragraph 37 of Schedule 13, to the Crime and Courts Act 2013.

F9Section 9 was amended by section 58 of the Administration of Justice Act 1982 (c.53), **paragraph 5** of Schedule 6 to, and Schedule 9 to, the Judicial Pensions and Retirement Act 1993, section 52 of the Criminal Justice and Public Order Act 1994 (c.33), **paragraph 260** of Schedule 8 to the Courts Act 2003, paragraph 121 of Schedule 4, paragraph 36 of Schedule 9 and paragraph 22 of Schedule                              17 to the Constitutional Reform Act 2005, and paragraphs 52 and 89 of Schedule 13 and paragraphs 1 and 2 of Schedule 14 to                              the Crime and Courts Act 2013.

F10Section 31C was inserted by paragraph 1 of Schedule 10 to the Crime and Courts Act 2013.

F112002 c.38.

F12S.I. 2010/985.

## **PART 2**E+WComposition of the family court

### Composition: generalE+W

3.—(1) Subject to rules in this Part, the family court shall be composed of—                  

(a)one of the following—                  

(i)a judge of district judge level;                  

(ii)a judge of circuit judge level; or                  

(iii)a judge of High Court judge level; or                  

(b)two or three lay justices.                  

(2) Where paragraph (1)(b) applies, the court shall include, so far as is practicable, both a man and a woman.

### Composition: allocation decisionE+W

4.  When making a decision on allocation to which rule 20 applies, the family court shall be composed of one or more of the following                     —                  

(a)a judge of district judge level;                  

(b)a judge of circuit judge level.                  

### Composition: appeals heard by a judge of district judge levelE+W

5.—(1) Subject to rule 7, the family court shall be composed of a judge of district judge level when hearing an appeal from the decision                     of the Secretary of State where an appeal is brought under—                  

(a)regulation 25AB(1) of the Child Support (Collection and Enforcement) Regulations 1992 (Appeals) F13;                  

(b)section 20(1) (a) or (b) of the 1991 Act to a court by virtue of article 3 of the Child Support Appeals (Jurisdiction of Courts)                        Order 2002 F14 (Parentage appeals to be made to courts).                  

(2) The family court may be composed of a judge of district judge level when hearing applications in the course of appeal proceedings                     against decisions of persons referred to in rule 6(2)(b) to (d) or decisions of the court referred to in rule 6(3).                  

(3) The family court shall be composed of a costs judge or a district judge of the High Court when hearing an appeal against the                     decision of an authorised court officer.                  

F13S.I. 1992/1989. Relevant amending instruments are S.I. 2009/1815 and 2012/2007.

F14S.I. 2002/1915. Relevant amending instrument is S.I. 2008/2683.

Modifications etc. (not altering text)

C1Rules 5-7 applied (22.4.2014) by The Crime and Courts Act 2013 (Family Court Transitional and Saving Provision) Order 2014 (S.I. 2014/956), arts. 1, **10(2)**

### Composition: appeals heard by a judge of circuit judge level or a judge of High Court levelE+W

6.—(1) Subject to rule 7, when hearing an appeal from the decisions of persons referred to in paragraph (2) or the court referred                     to in paragraph (3), the family court shall be composed of—                  

(a)a judge of circuit judge level; or                  

(b)a judge of High Court level where there is a need for such a level of judge to hear the appeal to make most effective and                        efficient use of local judicial resource and the resource of the High Court bench.                  

(2) The persons referred to in paragraph (1) are—

(a)a judge of district judge level;                  

(b)two or three lay justices;                  

(c)a lay justice; or                  

(d)[F15a person nominated by the Lord Chancellor who is authorised to exercise functions under section 31O(1) of the Matrimonial                           and Family Proceedings Act 1984].                  

(3) The court referred to in paragraph (1) is a magistrates' court where an appeal is brought under section 111A of the Magistrates'                     Courts Act 1980 F16 (appeals on ground of error of law in child support proceedings).                  

F15Words in rule 6(2)(d) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations                                 2020 (S.I. 2020/100), reg. 1(2), **Sch. para. 16(3)** (with reg. 4)

F161980 c.43. Section 111A was inserted by S.I. 2009/871 and was amended by paragraph 52 of Schedule 9 to, and paragraph 50 of Schedule 10 to, the Crime and Courts Act 2013.

Modifications etc. (not altering text)

C1Rules 5-7 applied (22.4.2014) by The Crime and Courts Act 2013 (Family Court Transitional and Saving Provision) Order 2014 (S.I. 2014/956), arts. 1, **10(2)**

### Composition: appeals heard by a judge of High Court levelE+W

7.—(1) The family court shall be composed of a judge of High Court level when hearing an appeal from the decision of—                  

(a)the Senior District Judge of the Family Division in financial remedy proceedings;                  

(b)a district judge of the Principal Registry of the Family Division in financial remedy proceedings or a person appointed to                        act as deputy or as a temporary additional officer for such a district judge in these proceedings;                  

(c)a costs judge; or                  

(d)the Gender Recognition Panel where an appeal is brought under section 8(1) of the Gender Recognition Act 2004 F17 (Appeals etc.).                  

(2) The family court shall be composed of a judge of High Court level (instead of a judge of district judge level or a judge of                     circuit judge level) where there is—                  

(a)an appeal against a decision referred to in rules 5 and 6; and                  

(b)the Designated Family Judge or a judge of High Court level considers that the appeal would raise an important point of principle                        or practice.                  

F172004 c.7. Section 8(1) was amended by section 250 of the Civil Partnership Act 2004 (c.33) and by paragraph 8 of Part 1 of Schedule 5 to the Marriage (Same Sex Couples) Act 2013 (c.30).

Modifications etc. (not altering text)

C1Rules 5-7 applied (22.4.2014) by The Crime and Courts Act 2013 (Family Court Transitional and Saving Provision) Order 2014 (S.I. 2014/956), arts. 1, **10(2)**

### Composition: matters part heardE+W

8.—(1) Paragraph (2) applies where a hearing—                  

(a)was before two or three lay justices; and                  

(b)was part heard.                  

(2) The court which resumes the hearing shall, wherever possible, be composed of the same lay justices as dealt with the previous                     part of the hearing.                  

## **PART 3**E+WAuthorisations

### Powers to grant authorisationsE+W

9.—(1) Paragraph (2) applies to business in such categories as may be specified from time to time by the President of the Family                     Division.                  

(2) A judge of district judge level or a judge of circuit judge level may conduct business to which this paragraph applies in                     the family court only if authorised by the President of the Family Division to do so.                  

(3) The President of the Family Division may specify the matters referred to in paragraph (1) in directions, after consulting                     the Lord Chancellor.                  

(4) A lay justice may conduct business in the family court only if authorised by the Lord Chief Justice to do so.

## **PART 4**E+WLay justices: chairmanship of the family court

### [F18Interpretation of this PartE+W

10.In this Part, “2016 Rules” means the Justices of the Peace Rules 2016.]                  

F18Rule 10 substituted (1.4.2017) by The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), **36(2)**

### ChairmanE+W

11.—(1) When the family court is composed of two or three lay justices, it shall sit under the chairmanship of a lay justice who [F19has been approved to preside in accordance with the 2016 Rules].                  

(2) A lay justice may preside before being [F20approved to preside in accordance with the 2016 Rules] only if that lay justice is—                  

(a)under the supervision of another authorised lay justice who is [F21approved to preside in accordance with the 2016 Rules]; and                  

(b)has completed the training course required by [F22rule 19 of the 2016 Rules].                  

F23(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

(4) This rule and rule 12 are subject to sections 18(1) and (2) of the Courts Act 2003 F24.                  

F19Words in rule 11(1) substituted (1.4.2017) by virtue of The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), **36(3)(a)**

F20Words in rule 11(2) substituted (1.4.2017) by The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), **36(3)(b)**

F21Words in rule 11(2)(a) substituted (1.4.2017) by The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), **36(3)(c)**

F22Words in rule 11(2)(b) substituted (1.4.2017) by The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), **36(3)(d)**

F23Rule 11(3) omitted (1.4.2017) by virtue of The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), **36(3)(e)**

F24Section 18 was amended by paragraph 85 of Schedule 10 to the Crime and Courts Act 2013.

### Absence of authorised lay justice entitled to presideE+W

12.—(1) The lay justices present may appoint one of their number to preside in the family court to deal with any case in the absence                     of a lay justice entitled to preside under rule 11 if—                  

(a)before making such appointment the lay justices present are satisfied as to the suitability for this purpose of the lay justice                        proposed; and                  

(b)expect as mentioned in paragraph (2), the lay justice proposed has completed or is undergoing a chairman training course in                        accordance with [F25rule 19(f) of the 2016 Rules].                  

(2) The condition in paragraph (1)(b) does not apply if by reason of illness, circumstances unforeseen when the lay justices to                     sit were chosen, or other emergency, no lay justice who complies with that condition is present.                  

F25Words in rule 12(1)(b) substituted (1.4.2017) by The Justices of the Peace Rules 2016 (S.I. 2016/709), rules 1(3)(c), **36(4)**

## **PART 5**E+WDistribution of business of the family court

### [F26Interpretation of this PartE+W

12A.In this Part—                  

“incoming protection measure” means a protection measure that has been ordered in a Member State of the European Union other                        than the United Kingdom or Denmark;                  

“protection measure” has the meaning given to it in the Protection Measures Regulation;                  

“Protection Measures Regulation” means Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures                        in civil matters.]                  

F26Rule 12A inserted (11.1.2015) by The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 (S.I. 2014/3297), rules 1, **3**

### GeneralE+W

13.—(1) This Part makes provision for the distribution of business of the family court among the judges of the family court.                  

(2) Rules 15 and 20 are subject to rule 17.

(3) Rules 15, 16, 17, 18, 19 and 20 make provision regarding the level of judge of the family court to which a matter is to be                     allocated initially.                  

(Rule 29.19 of the Family Procedure Rules 2010 makes provision for a judge of the family court to determine that a matter                     should be heard by a different level of judge of the family court.)                  

### Persons who may exercise jurisdiction of the family courtE+W

14.  Subject to the provisions of this Part or of any other enactment, any jurisdiction and powers conferred by any enactment on                     the family court, or on a judge of the family court, may be exercised by any judge of the family court.                  

### Allocation of proceedings in Schedule 1E+W

15.—(1) An application in a type of proceedings listed in the first column of the table in Schedule 1 shall be allocated to be heard                     by a judge of the level listed in the second column of that table.                  

(2) Paragraph (1) and the provisions of Schedule 1 are subject to the need to take into account the need to make the most effective                     and efficient use of local judicial resource and the resource of the High Court bench that is appropriate given the nature                     and type of the application.                  

### Allocation of emergency applicationsE+W

16.—(1) In this rule—                  

“the 1986 Act” means the Family Law Act 1986 F27;                  

“the 1989 Act” means the Children Act 1989 F28; and                  

“the 1996 Act” means the Family Law Act 1996 F29.                  

(2) An application of a type referred to in paragraph (3) shall be allocated to the first available judge of the family court                     who—                  

(a)where applicable, is authorised to conduct the type of business to which the application relates; and                  

(b)would not be precluded by Schedule 2 from dealing with the application.                  

(3) The types of applications are those—

(a)under—                  

(i)section 33 of the 1986 Act F30 (disclosure of information as to the whereabouts of a child);                  

(ii)section 34 of the 1986 Act F31 (order authorising the taking charge and delivery of a child);                  

(iii)section 44(1) of the 1989 Act (emergency protection order);                  

(iv)section 44(9)(b) of the 1989 Act (varying a direction in an emergency protection order given under section 44(6) of the 1989                        Act);                  

(v)section 45(4) of the 1989 Act (extending the period during which an emergency protection order is to have effect);                  

(vi)section 45(8) of the 1989 Act (to discharge an emergency protection order);                  

(vii)section 45(8A) of the 1989 Act F32 (to vary or discharge an emergency protection order in so far as it imposes an exclusion requirement on a person who is not                        entitled to apply for the order to be discharged);                  

(viii)section 45(8B) of the 1989 Act F33 (to vary or discharge an emergency protection order in so far as it confers powers of arrest attached to an exclusion requirement);                  

(ix)section 48(9) of the 1989 Act (warrant to assist in discovery of children who may be in need of emergency protection);                  

(x)section 50 of the 1989 Act F34 (recovery of abducted children);                  

(xi)section 102(1) of the 1989 Act (warrant for a constable to assist in the exercise of certain powers to search for children                        or inspect premises);                  

(xii)Part 4 of the 1996 Act F35 which are made without notice, except where the applicant is under 18 or where an application for an occupation order under                        section 33 of that Act requires a determination of a question of property ownership;                  

(xiii)section 41 of the Adoption and Children Act 2002 F36 (recovery order); F37...                  

(xiv)section 79 of the Childcare Act 2006 F38 (warrant for a constable to assist in the exercise of powers of entry); F39...                  

[F40(xv)the Protection Measures Regulation made within or in connection with an application under sub-paragraph (xii); or                  

(xvi)Article 11 of the Protection Measures Regulation for adjustment of an incoming protection measure except where the applicant                           is aged under 18; or]                  

(b)which are not referred to in paragraph (a) but which require the immediate attention of the court.                  

(4) An application of a type listed in paragraph (5) shall be allocated to the first available judge of the family court, other                     than lay justices, who, where applicable, is authorised to conduct the type of business to which the application relates.                  

(5) The types of application are those under—

(a)Part 4 of the 1996 Act which are made without notice and where the applicant is aged under 18 or where an application for                        an occupation order under section 33 of that Act requires a determination of a question of property ownership;                  

(b)Part 4A of the 1996 Act F41 which are made without notice[F42;]                  

[F43(c)the Protection Measures Regulation made within or in connection with an application under sub-paragraph (a) or (b);                  

(d)Article 11 of the Protection Measures Regulation for adjustment of an incoming protection measure where the applicant is aged                           under 18[F44;]]                  

[F45(e)Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003 which are made without notice.]                  

F271986 c.55.

F281989 c.41.

F291996 c.27.

F30Section 33 was amended by paragraph 62 of Schedule 13 to the Children Act 1989, paragraph 41 of Schedule 4 to the Children (Scotland) Act 1995 (c.36) and paragraph 124 of Schedule 27 to the Civil Partnership Act 2004.

F31Section 34 was amended by paragraphs 62 and 70 of Schedule 13 to the Children Act 1989 and by S.I. 1995/756.

F32Section 45(8A) was inserted by paragraph 4 of Schedule 6 to the Family Law Act 1996.

F33Section 45(8B) was inserted by paragraph 4 of Schedule 6 to the Family Law Act 1996.

F34Section 50 was amended by paragraph 131 of Schedule 27 to the Civil Partnership Act 2004.

F35Relevant amendments to Part 4 of the 1996 Act were made by section 2 of, and paragraphs 34 and 35 of Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004 (c.28), **paragraphs 4**, 6, 8, 9 and 11 of Schedule 9 to the Civil Partnership Act 2004, paragraph 253 of Schedule 4 to the Constitutional Reform Act 2005                              and paragraphs 130, 135 and 136 of Schedule 11 to the Crime and Courts Act 2013.

F362002 c.38.

F37Word in rule 16(3)(a)(xiii) omitted (11.1.2015) by virtue of The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 (S.I. 2014/3297), rules 1, **4(a)(i)**

F382006 c.21. Section 79 was amended by paragraph 114 of Schedule 14 to the Education and Inspections Act 2006 (c.40) and by paragraph 204 of Schedule 11 to the Crime and Courts Act 2013.

F39Word in rule 16(3)(a)(xiv) omitted (11.1.2015) by virtue of The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 (S.I. 2014/3297), rules 1, **4(a)(i)**

F40Rule 16(3)(a)(xv)(xvi) inserted (11.1.2015) by The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 (S.I. 2014/3297), rules 1, **4(a)(ii)**

F41Part 4A was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 (c.20) and was amended by paragraphs 139 to 142 of Schedule 11 to the Crime and Courts Act 2013.

F42Semicolon in rule 16(5)(b) substituted for full stop (11.1.2015) by The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 (S.I. 2014/3297), rules 1, **4(b)(i)**

F43Rule 16(5)(c)(d) inserted (11.1.2015) by The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 (S.I. 2014/3297), rules 1, **4(b)(ii)**

F44Semicolon in rule 16(5)(d) substituted for full stop (17.7.2015) by The Family Court (Composition and Distribution of Business) (Amendment) Rules 2015 (S.I. 2015/1421), rules 1, **3(a)**

F45Rule 16(5)(e) inserted (17.7.2015) by The Family Court (Composition and Distribution of Business) (Amendment) Rules 2015 (S.I. 2015/1421), rules 1, **3(b)**

### Allocation: applications in existing proceedings or in connection with proceedings that have concludedE+W

17.—(1) Subject to paragraphs (3) to (5), an application made within existing proceedings in the family court shall be allocated to                     the level of judge who is dealing with the existing proceedings to which the application relates.                  

(2) Subject to paragraphs (3) to (5), an application made in connection with proceedings in the family court that have concluded                     shall be allocated to the level of judge who last dealt with those proceedings.                  

(3) In Schedule 2—

(a)the remedies listed in tables 1, 2 and 3 may not be granted by lay justices;                  

(b)the remedies listed in tables 2 and 3 may not be granted by a judge of district judge level;                  

(c)the remedies listed in table 3 may not be granted by a judge of circuit judge level, subject to any exception stated in that                        table.                  

(4) Where the effect of Schedule 2 is that an application for a particular remedy may not be granted by the level of judge referred                     to in paragraph (1) or (2), then that application shall be allocated to a level of judge who is able to grant that remedy.                  

(5) Any power of the family court to make an order for committal in respect of a breach of a judgment, order or undertaking to                     do or abstain from doing an act may only be made by a judge of the same level as, or of a higher level than, the judge who                     make the judgment or order, or who accepted the undertaking, as the case may be.                  

### Allocation: costsE+W

18.  Subject to any direction of the court, an application for detailed assessment of a bill of costs shall be allocated to an                     authorised court officer, a district judge or a costs judge.                  

### Allocation: appealsE+W

19.  An appeal shall be allocated to a judge in accordance with rules 5 to 7.                  

Modifications etc. (not altering text)

C2Rule 19 applied (22.4.2014) by The Crime and Courts Act 2013 (Family Court Transitional and Saving Provision) Order 2014 (S.I. 2014/956), arts. 1, **10(2)**

### Allocation: all other proceedingsE+W

20.—(1) An application of a type not referred to in other rules in this Part or in Schedule 1 or Schedule 2 shall be allocated by                     one or more of the persons referred to in rule 4.                  

(2) When deciding which level of judge to allocate such an application to, the decision must be based on consideration of the                     relative significance of the following factors—                  

(a)the need to make the most effective and efficient use of the local judicial resource and the resource of the High Court bench                        that is appropriate, given the nature and type of application;                  

(b)the need to avoid delay;                  

(c)the need for judicial continuity;                  

(d)the location of the parties or of any child relevant to the proceedings; and                  

(e)complexity.                  

## **PART 6**E+WGUIDANCE

### Guidance on distribution of business of the family courtE+W

21.—(1) The President of the Family Division may, after consulting the Lord Chancellor, issue guidance on the application or interpretation                     of Part 5.                  

(2) Where the Lord Chancellor determines that the guidance has significant implications for resources, it may only be issued with                     the agreement of the Lord Chancellor.                  

(3) If the Lord Chancellor does not agree the guidance, the Lord Chancellor must provide the President of the Family Division                     with written reasons why the Lord Chancellor does not agree the guidance.                  

James Munby, P

 President of the Family Division

I agree,

Simon Hughes

 Minister of State

 Ministry of Justice

 Rule 15

## SCHEDULE 1E+WAllocation

F461920 c.33.

F471949 c.76.

F481950 c.37.

F491958 c.39.

F501972 c.18.

F511978 c.22.

F521982 c.27.

F53Section 55A was inserted by section 83 of the Child Support, Pensions and Social Security Act 2000 (c.19) and was amended by paragraph 95 of Schedule 11 to the Crime and Courts Act 2013.

F54Section 32L was inserted by the Child Maintenance and Other Payments Act 2008 (c.6) and was amended by paragraph 124 of Schedule 11 to the Crime and Courts Act 2013 and by S.I. 2012/2007.

F551998 c.37. Section 11 was amended by Part 4 of Schedule 5 to the Children Act 2004 (c.31), **Part 13** of Schedule 8 to the Policing and Crime Act 2009 (c.26), and paragraph 147 of Schedule 11 to the Crime and Courts Act 2013.

F56Council Regulation (EC) No.44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments                              in civil and commercial matters.

F572010 nawm 1.

F58Schedule 6 was amended by paragraphs 178 to 200 of Schedule 11 to the Crime and Courts Act 2013 and by S.I. 2006/1016 and 2011/1484.

F592008 c.22. Section 54 was amended by paragraph 206 of Schedule 11 to the Crime and Courts Act 2013.

F60Words in Sch. 1 para. 1(o) inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), **Sch. 2 para. 5(2)(a)**

F61Council Regulation (EC) No 4/2009 of 18th December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions                              and co-operation in matters relating to maintenance obligations, including as applied to Denmark by virtue of the Agreement                              made on 19th October 2005 between the European Community and the Kingdom of Denmark.

F62Semicolon in Sch. 1 para. 1(p) substituted for full stop (11.1.2015) by The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 (S.I. 2014/3297), rules 1, **5(a)(i)**

F63Sch. 1 para. 1(q) inserted (11.1.2015) by The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 (S.I. 2014/3297), rules 1, **5(a)(ii)**

F641882 c.75.

F651973 c.18.

F66Section 12 was amended by paragraph 90 of Schedule 27 to the Civil Partnership Act 2004.

F67Schedule 1 was amended by paragraph 10 of Schedule 16 to the Courts and Legal Services Act 1990, section 6 of the Maintenance Enforcement Act 1991 (c.17), **section 58** of the Child Support Act 1991, Part 5 of Schedule 15 to the Access to Justice Act 1999 (c.22), **Part 1** of Schedule 9 and paragraph 10 of Schedule 3 to the Child Support, Pensions and Social Security Act 2000, paragraph 71 of                              Schedule 3 to the Adoption and Children Act 2002, paragraphs 330 and 338 of Schedule 8 to the Courts Act 2003, section 78                              of the Civil Partnership Act 2004, paragraph 209 of Part 1 of Schedule 4 to the Constitutional Reform Act 2005, paragraph                              32 of Part 1 of Schedule 6 to the Human Fertilisation and Embryology Act 2008, paragraphs 102, 112 and 117 to 119 of Schedule                              11 to the Crime and Courts Act 2013, paragraph 40 of Schedule 1 to the Children and Families Act 2014 (c.6) and S.I. 1992/709, 1993/623, 1994/731, 2011/1484 and 2012/2814.

F682004 c.7.

F69Schedule 7 was amended by paragraphs 14 and 20 of Part 3 of Schedule 6 to the Pensions Act 2008 (c.30), **paragraph 201** of Schedule 11 to the Crime and Courts Act 2013 and S.I. 2011/1484.

F70Section 55 was amended by paragraph 4 of Schedule 8 to the Child Support, Pensions and Social Security Act 2000 and paragraph                              96 of Schedule 11 to the Crime and Courts Act 2013.

F71Section 56 was substituted by section 22 of the Family Law Reform Act 1987 (c.42) and amended by paragraph 5 of Schedule 9 and paragraph 5 of Schedule 8 to the Child Support, Pensions and Social Security                              Act 2000, paragraph 23 of Part 1 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 and paragraph 98 of Schedule                              11 to the Crime and Courts Act 2013.

F72Section 57 was amended by paragraph 6 of Schedule 8 to the Child Support, Pensions and Social Security Act 2000, paragraphs                              46 and 49 of Schedule 3 to the Adoption and Children Act 2002 and paragraph 99 of Schedule 1 to the Crime and Courts Act 2013.

F73Words in Sch. 1 para. 3(c) inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), **Sch. 2 para. 5(2)(b)**

F74Section 12 was amended by paragraph 90 of Schedule 27 to the Civil Partnership Act 2004.

F75Words in Sch. 1 para. 4(f) inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), **Sch. 2 para. 5(2)(c)**

F76Semicolon in Sch. 1 para. 4(f) substituted for full stop (11.1.2015) by The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 (S.I. 2014/3297), rules 1, **5(b)(i)**

F77Sch. 1 para. 4(g) inserted (11.1.2015) by The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 (S.I. 2014/3297), rules 1, **5(b)(ii)**

F78Section 21 was amended by section 79 of the Civil Partnership Act 2004.

F79Section 26 was amended by paragraph 14 of Schedule 2 to the Children and Adoption Act 2006 (c.20) and section 9(3) of, and paragraph 60 of Schedule 2 to, the Children and Families Act 2014.

F80Section 46 was amended by S.I. 2013/1465.

F81Section 51A was inserted by section 9(1) of the Children and Families Act 2014.

F82Section 55 was amended by paragraph 412 of Schedule 8 to the Courts Act 2003 and by paragraph 153 of Schedule 11 to the Crime                              and Courts Act 2013.

 Rule 17

## SCHEDULE 2E+WRemedies

### Table 1

F83Section 34 was amended by paragraph 56 of Schedule 10 to the Crime and Courts Act 2013 and by S.I. 1998/2940.

F84Section 53 was amended by paragraph 44 of Schedule 18 to the Courts and Legal Services Act 1990, paragraph 2 of Schedule 2                              to the Civil Procedure Act 1997 and paragraph 10 of Schedule 9 to the Crime and Courts Act 2013 and S.I. 1998/2940.

F85Section 31E was inserted by paragraph 1 of Schedule 10 to the Crime and Courts Act 2013.

F86Section 4 was amended by Schedule 5 to the Senior Courts Act 1981, paragraph 64 of Schedule 2 to the County Courts Act 1984,                              paragraph 1 of Schedule 11 to the Constitutional Reform Act 2005, paragraph 133 of Schedule 9 and paragraph 37 of Schedule                              10 to the Crime and Courts Act 2013 and S.I. 1980/397.

### Table 2

### Table 3

F87Section 7 was amended by paragraph 154 of Schedule 27 to the Civil Partnership Act 2004.

F881998 c.42.

F89Sch. 2 Table 3 para. 6 inserted (11.1.2015) by The Family Court (Composition and Distribution of Business) (Amendment) Rules 2014 (S.I. 2014/3297), rules 1, **6**

## Explanatory Note

(This note is not part of the Rules)

These Rules make provision for the composition of the family court and for the distribution of business of the family court                        among judges of the court.                     

Part 2 makes provision for how the family court should be composed, including when hearing appeals.

Part 3 gives powers to the President of the Family Division and the Lord Chief Justice (or his or her nominee) to authorise                        judges of specified levels to conduct specified business in the family court.                     

Part 4 makes provision for the chairmanship of the family court when it is composed of lay justices.

Part 5 deals with the distribution of business in the family court, including the initial allocation of the proceedings listed                        in Schedule 1, of emergency applications, of applications for the assessment of costs and of appeals. Provision is made for                        the initial allocation of applications made in existing proceedings or in connection with proceedings that have concluded,                        including setting out in Schedule 2 various remedies which may not be granted by certain judges, or levels of judges, in the                        family court. Provision is also made for the initial allocation of other proceedings, by reference to the factors specified                        in rule 20(2).                     

Part 6 makes provision for the President of the Family Division to issue guidance on the application and interpretation of                        Part 5, after consulting the Lord Chancellor or, in certain circumstances, with the Lord Chancellor's agreement.                     

An impact assessment has been prepared for the group of instruments of which these Rules form a part, and can be found together                        with the Rules on www.legislation.gov.uk.