Family Courts Act 2024
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Principal Judge of Family Circuit Court may issue practice directions | ||
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23. (1) The Principal Judge of the Family Circuit Court may, in the interests of the administration of justice and the determination of family law proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, issue directions in relation to the conduct of appeals or applications made to the Family Circuit Court. | ||
(2) A practice direction issued under subsection (1) may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the Principal Judge of the Family Circuit Court to be necessary or expedient for the purposes of the direction. | ||
(3) The Principal Judge of the Family Circuit Court may, in accordance with subsection (4) and in the interests of the administration of justice and the determination of family law proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings— | ||
(a) issue directions, for the purpose of the exercise by the Family Circuit Court of a power under any enactment or rule of law to transfer such proceedings to another court where it considers it appropriate to do so or that there was no good reason for the proceedings to have been initiated in the Family Circuit Court, relating to the matters which the Family Circuit Court is to include in such consideration, and | ||
(b) where family law proceedings may, under an enactment, be initiated in more than one court, issue directions relating to the circumstances in which, and the criteria by which, such proceedings may appropriately be initiated in the Family Circuit Court. | ||
(4) In performing a function under subsection (1) or (3), the Principal Judge of the Family Circuit Court shall— | ||
(a) consult with the Family Courts Practice and Procedure Committee, and | ||
(b) ensure, in so far as is practicable, having regard to the nature and type of proceedings before the Family Circuit Court, that there is no conflict between the practice direction to be issued and practice directions that have been issued or, as the case may be, are to be issued by the Principal Judge of the Family High Court under section 13 and the Principal Judge of the Family District Court under section 42 . | ||
(5) In the event that there is a conflict between a practice direction issued by the Principal Judge of the Family High Court under section 13 (3) and a practice direction issued by the Principal Judge of the Family Circuit Court under subsection (3), the practice direction issued by the former shall take precedence. | ||
(6) In performing a function under subsection (1) or (3), the Principal Judge of the Family Circuit Court shall— | ||
(a) consult with the President of the Circuit Court, and | ||
(b) ensure that there is no conflict between the practice direction to be issued and a practice direction that has been or, as the case may be, is to be issued by the President of the Circuit Court. | ||
(7) In the event that there is a conflict between a practice direction issued by the President of the Circuit Court and a practice direction issued by the Principal Judge of the Family Circuit Court under subsection (1) or (3), the practice direction issued by the former shall take precedence. | ||
(8) (a) In performing a function under subsection (1) or (3), the Principal Judge of the Family Circuit Court shall engage with the Courts Service on any practice direction that he or she considers is likely to have a material impact on the performance by the Courts Service of its functions under section 5 of the Courts Service Act 1998 and shall have regard to the information provided by the Courts Service under paragraph (b). | ||
(b) Where the Courts Service considers, in the course of the engagement under paragraph (a), that the making of a practice direction would materially impact the performance by the Courts Service of its functions under section 5 of the Courts Service Act 1998 , the Courts Service shall inform the President of the Circuit Court and the Principal Judge of the Family Circuit Court of the potential impact it has identified. | ||
(9) The engagement by the Courts Service under subsection (8) shall not be exercised so as to interfere with the conduct of that part of the business of the Family Circuit Court required by law to be transacted by or before the Principal Judge of the Family Circuit Court or to impugn the independence of the Principal Judge of the Family Circuit Court in the performance of his or her judicial functions. | ||
(10) In performing a function under subsection (1) or (3), the Principal Judge of the Family Circuit Court shall have regard to the guiding principles in section 8 . | ||
(11) A practice direction shall be published in such manner as the Principal Judge of the Family Circuit Court may direct. | ||
(12) This section is without prejudice to any powers of the Family Circuit Court in respect of proceedings before it. | ||
(13) In this section— | ||
“appeal” includes a cross-appeal or request to vary an order under appeal; | ||
“practice direction” means a direction issued under subsection (1) or (3). |