Section 81 Practice directions relating to family proceedings

England and Wales

(1)

F1Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 as to the practice and procedure of—

(za)

F2the civil division of the Court of Appeal F3in proceedings on appeal from the Family Division of the High Court or from the family court,

(zb)

F4the Family Division of the High Court in proceedings which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and

(aa)

the family court.

(2)

Directions as to the practice and procedure F5mentioned in subsection (1) which are F6given otherwise than under subsection (1) may not be given without the approval of—

(a)

the Lord Chancellor, and

(b)

the Lord Chief Justice.

(2A)

F7Directions as to the practice and procedure F8mentioned in subsection (1) (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be provided for by Civil Procedure Rules.

(3)

The power to give directions under subsection (1) includes power—

(a)

to vary or revoke directions as to the practice and procedure F9mentioned in subsection (1), whether given F10under subsection (1) or otherwise,

(b)

to give directions containing different provision for different cases (including different areas), and

(c)

to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.

(4)

F11Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

(a)

the application or interpretation of the law;

(b)

the making of judicial decisions.

(5)

Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

(a)

after consulting the Lord Chancellor, and

(b)

with the approval of the Lord Chief Justice.

(5)

F12In this section—

“Civil Procedure Rules” has the same meaning as in the Civil Procedure Act 1997;
F13...

Annotations

Textual amendments

F1: Words in s. 81(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 9(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
F2: S. 81(1)(za)(zb) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 344(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)
F3: Words in s. 81(1)(za) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(2)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4: S. 81(1)(zb)(aa) substituted for words in s. 81(1) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(2)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5: Words in s. 81(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F6: Words in s. 81(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 9(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
F7: S. 81(2A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 344(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)
F8: Words in s. 81(2A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F9: Words in s. 81(3)(a) substituted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F10: Words in s. 81(3)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 9(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
F11: S. 81(4)(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 9(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
F12: S. 81(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 344(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)
F13: Words in s. 81(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(6); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)