Family Courts Act 2024
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Functions of Principal Judge of Family District Court | ||
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43. The Act of 1961 is amended by the insertion of the following section after section 36: | ||
“Functions of Principal Judge of Family District Court | ||
36A. (1) It shall be a function of the Principal Judge of the Family District Court to arrange the distribution and allocation of the business of the Family District Court. | ||
(2) In performing a function under subsection (1), the Principal Judge of the Family District Court shall— | ||
(a) engage with the Courts Service, in such manner as may be agreed between the Principal Judge and the Courts Service, on relevant matters related to the functions of the Courts Service under section 5 of the Courts Service Act 1998 in relation to that Court, and | ||
(b) have regard to the information provided, and the views expressed, by the Courts Service on such matters in the course of the engagement under paragraph (a). | ||
(3) The Principal Judge of the Family District Court shall, without prejudice to his or her functions under any enactment or rule of law, take such steps as he or she considers appropriate for the purposes of ensuring— | ||
(a) the implementation of the guiding principles in section 8 of the Act of 2024, and | ||
(b) the efficiency of court business including, to the extent possible, that there is appropriate consistency in the exercise of jurisdiction by the judges of that Court. | ||
(4) The Principal Judge of the Family District Court may, where he or she sees fit, make recommendations to the President of the District Court in relation to the number of judges to be assigned to a Family District Court district. | ||
(5) The Principal Judge of the Family District Court may— | ||
(a) following engagement with the Courts Service, and | ||
(b) having regard to the information provided, and the views expressed, by the Courts Service in the course of the engagement under paragraph (a) on relevant matters related to its functions under section 5 of the Courts Service Act 1998 , | ||
make recommendations to the President of the District Court in relation to the places for holding sittings of the Family District Court in or for any Family District Court district. | ||
(6) The engagement by the Courts Service under subsections (2) and (5) shall not be exercised so as to interfere with the conduct of that part of the business of the Family District Court required by law to be transacted by or before the Principal Judge of the Family District Court or to impugn the independence of the Principal Judge of the Family District Court in the performance of his or her judicial functions.”. |