Paragraph 104 The Family Proceedings Courts (Constitution) Rules 1991

For rule 7 substitute the following rule:—

“7

(1)

A justices' chief executive for a petty sessions area may nominate a justice or justices from the panel for that area for temporary transfer to the panel for another petty sessions area within his commission area for the purpose of hearing family proceedings specified in his nomination if he is satisfied that the better administration of justice will be served by such transfer, and the justice or justices so nominated agree to be transferred.

(2)

A justices' chief executive for one commission area (“the first commission area”) may make a request to the justices' chief executive for another commission area (“the second commission area”) for the temporary transfer of one or more justices from the panel for a petty sessions area within the second commission area to the panel for a petty sessions area within the first commission area for the purpose of hearing family proceedings specified in the request.

(3)

The justices' chief executive for the second commission area shall grant a request under paragraph (2) where he considers that the better administration of justice will be served by such transfer, and the justice or justices nominated by him for the transfer agree to be transferred.

(4)

A justices' chief executive who grants a request under paragraph (2) shall do so in writing.

(5)

The transfer of a justice or justices under this rule shall not prevent the justice or justices transferred from sitting in a family proceedings court in the petty sessions area from which he or they are transferred.

(6)

A justice who is not a District Judge (Magistrates' Courts) shall only be transferred under this rule to a petty sessions area in a different commission area if the Lord Chancellor appoints the justice nominated for the transfer to the commission area within which the petty sessions area falls for the purpose of the proceedings specified in the request.”.