Article 35 Inclusion in list of approved family court chairmen

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 35(2)(b) words substituted by Crime and Courts Act 2013 (Family Court: Consequential Provision) 2014 art. 97(a)(i)
rule 35(2)(d) words substituted by Crime and Courts Act 2013 (Family Court: Consequential Provision) 2014 art. 97(a)(ii)
rule 35(3) words substituted by Crime and Courts Act 2013 (Family Court: Consequential Provision) 2014 art. 97(b)
rule 35(4) words substituted by Crime and Courts Act 2013 (Family Court: Consequential Provision) 2014 art. 97(b)

(1)

In this rule “approving Committee” means the committee maintaining the list of approved family court chairmen in accordance with rule 32.

(2)

Subject to paragraphs (5) and (6), a family justice may only be included in the list of approved family court chairmen if—

(a)

he has been a family justice for at least two years;

(b)

he has been appraised as competent to sit in the family proceedings court within the three years preceding the date when the approving Committee considers the suitability of the justice for inclusion in the list of approved family court chairmen;

(c)

he has completed a chairmanship training course in accordance with rule 31(d);

(d)

he has met the appropriate appraisal requirements set out in paragraph (3) or (4) while presiding in a family proceedings court; and

(e)

the approving Committee has decided to add the family justice concerned to the list of approved family court chairmen.

(3)

The appraisal requirement for a family justice who is on the list of approved court chairmen, is that he has been appraised on a minimum of one and a maximum of three separate occasions while presiding in a family proceedings court in accordance with rule 10(2) of the Family Proceedings Courts (Constitution of Committees and Right to Preside) Rules 2007.

(4)

The appraisal requirement for a family justice who is not on the list of approved court chairmen, is that he has been appraised on a minimum of three and a maximum of six separate occasions, by a different appraising justice on at least one such occasion, while presiding in a family proceedings court in accordance with rule 10(2) of the Family Proceedings Courts (Constitution of Committees and Right to Preside) Rules 2007.

(5)

The approving Committee may include a family justice in the list of approved family court chairman without complying with the conditions set out in paragraphs (2) to (4) above if—

(a)

the family justice is or was assigned to a local justice area for which another approving Committee maintained a list and is now assigned to a local justice area for which the approving Committee maintains a list; and

(b)

immediately before he was assigned to the new local justice area he was included in the list of approved family court chairmen maintained by the other approving Committee.

(6)

The approving Committee must include a family justice assigned to its local justice area in the list of approved family court chairmen if the family justice was eligible to act as a court chairman in a family proceedings court on 12th July 2007.