See also Part 2
Where the FPR or a practice direction provide for the court to perform any function, that function may be performed by a single justice of the peace who is a member of a family panel except that such a justice cannot perform the functions listed in –
(a) column 2 of Table 1 in accordance with the rules listed in column 1; and
(b) column 2 of Table 2 in accordance with the paragraph of the practice direction listed in column 1.
For the avoidance of doubt, unless a rule, practice direction or other enactment provides otherwise, a single justice cannot make the decision of a magistrates' court at the final hearing of an application for a substantive order. For example, a single justice cannot make a residence order on notice, placement order, adoption or care order. However, a single justice can discharge the functions of a family proceedings court under the statutory provisions listed in rule 2.6 of the FPR.
Rule | Nature of function |
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4.1(3)(g) | Stay the whole or part of any proceedings or judgment either generally or until a specified date or event |
4.1(3)(l) | Exclude an issue from consideration |
4.1(3)(m) | Dismiss or give a decision on an application after a decision on a preliminary issue |
4.1(4)(a) | When the court makes an order, making that order subject to conditions |
4.1(6) | Varying and revoking an order (other than directions which the court has made) |
4.3(1) | Ability of the court to make orders (other than directions) of its own initiative |
4.4, 4.5 and 4.6 | All the powers of a magistrates' court under these rules (power to strike out statement of case, sanctions have effect unless defaulting party obtains relief from sanctions) |
8.20(4) | A direction that a child should be made a respondent to the application for a declaration of parentage under section 55A of the Family Law Act 1986, except where the parties consent to the child being made a respondent |
9.11 (2) | Direction that a child be separately represented on an application |
9.22 | All the powers of a magistrates' court under this rule (relating to proceedings by or against a person outside England and Wales for variation or revocation of orders under section 20 of the 1978 Act or paragraphs 30 to 34 of Schedule 6 to the 2004 Act) |
12.3(2) | Where the person with parental responsibility is a child, a direction for that child be made a party, except where the parties consent to that child being made a party |
12.3(3) | Direction that a child be made a party to proceedings or that a child who is a party be removed, except where the parties consent to the child being made a party or to the removal of that party |
12.3(4) | Consequential directions following the addition or removal of a party except where a single justice is able to make such a direction under rule 12.3(2) and (3) |
12.61(1) and (2) | Considering the transfer of proceedings to the court of another member state, directions in relation to the manner in which parties may make representations and power to deal with question of transfer without a hearing with the consent of parties |
12.64(1) | Exercising court's powers under Article 15 of the Council Regulation or Article 8 of the 1996 Hague Convention |
12.68(1) | Staying the proceedings |
12.68(3) | Giving reasons for the court's decision, making a finding of fact and stating a finding of fact where such a finding has been made |
12.70(1) | Contemplating the placement of a child in another member state |
12.70(3) | Sending request directly to the central authority or other authority having jurisdiction in the other Member State |
12.70(4) | Sending request to Central Authority for England and Wales for onward transmission |
12.70(5) | Considering the documents which should accompany the request |
13.3(3) | Where the person with parental responsibility is a child, a direction for that child be made a party, except where the parties consent to that child being made a party |
13.3(4) | Direction that a child be made a party to proceedings or that a child who is a party be removed, except where the parties consent to the child being made a party or to the removal of that party |
13.3(5) | Consequential directions following the addition or removal of a party except where a single justice is able to make such a direction under rule 13.3(3) and (4) |
13.9(7) | Variation or revocation of direction following transfer, except where a single justice would be able to make the direction in question under rule 13.9(1) |
13.15(3) | Determination of the probable date of the child's birth |
13.20(1) | Specifying a later date by which a parental order takes effect |
14.3(2) | Direction that a child be made a respondent, except where the parties consent to the child being made a respondent |
14.3(3)(b) | Direction that a child who is a party be removed, except where the parties consent to the child being made a respondent |
14.3(4) | Consequential directions following the addition or removal of a party except where a single justice is able to make such a direction under rule 14.3(2) and (3) |
14.8(3) |
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14.16(8) | Making an adoption order under section 50 of the 2002 Act after personal attendance of one only of the applicants if there are special circumstances |
14.16(9) | Not making a placement order unless the legal representative of the applicant attends the final hearing |
14.17(4) | Determination of the probable date of the child's birth |
14.25(1) | Specifying a later date by which an order takes effect |
15.3(1) | Permission to a person to take steps before the protected party has a litigation friend |
15.3(2) | Permission to a party to take steps (where during proceedings a person lacks capacity to continue to conduct proceedings) before the protected party has a litigation friend |
15.3(3) | Making an order that a step taken before a protected party has a litigation friend has effect |
15.6(1) | Making an order appointing a person as a litigation friend |
15.6(6) | Court may not appoint a litigation friend unless it is satisfied that the person complies with the conditions in rule 15.4(3) |
15.7 | Direction that a person may not act as a litigation friend, termination of an appointment, appointment of a litigation friend in substitution for an existing one |
16.2 | Power of court to make a child a party to proceedings if it considers it is in the best interests of the child to do so |
16.6(3)(a) | Permission to a child to conduct proceedings without a children's guardian or litigation friend |
16.6(6) | Power of the court to grant an application under paragraph (3)(a) or (5) if the court considers that the child has sufficient understanding to conduct the proceedings |
16.6(7) | Power of the court to require the litigation friend or children's guardian to take such part in proceedings (referred to in paragraph (6)) as the court directs |
16.6(8) | Power of the court to revoke permission granted under paragraph (3) in specified circumstances |
16.6(10) | Power of the court, in specified circumstances, to appoint a person to be the child's litigation friend or children's guardian |
16.8(2) | Permission to a person to take steps before the child has a litigation friend |
16.8(3) | Making an order that a step taken before the child has a litigation friend has effect |
16.11(1) | Making an order appointing a person as a litigation friend |
16.12 | Direction that a person may not act as a litigation friend, termination of an appointment, appointment of a litigation friend in substitution for an existing one |
16.23(2) | Permission to a person to take steps before the child has a children's guardian |
18.3(1)(c) | Direction that a child be a respondent to an application under Part 18 |
18.9(1)(a) | Power of court to deal with a Part 18 application without a hearing |
18.12 | Power of the court to proceed in absence of a party, except where a single justice has the power to make the relevant order applied for |
19.8(2) | The court's power to require or permit a party to give oral evidence at the hearing |
21.3 | Power of court relating to withholding inspection or disclosure of a document |
22.1(2) to (4) | Power to exclude evidence that would otherwise be admissible, power to permit a party to adduce evidence, or to seek to rely on a document, in respect of which that party has failed to comply with requirements of Part 22 and power to limit cross examination |
22.6 | Court's powers relating to use at final hearing of witness statements which have been served |
22.12 | Power of court to require evidence by affidavit instead of or in addition to a witness statement |
22.15(4) | Permission for a party to amend or withdraw any admission made by that party on such terms as the court thinks just |
22.20(3)(a) | Permission for a witness statement in proceedings in the magistrates' court under Part 9 to be used for a purpose other than the proceedings in which it is served |
24.16(2) | Ordering the issue of a request to a designated court |
24.16(5) | Order for the submission of a request under article 17 of the Taking of Evidence Regulation |
27.10(1)(b) | Direction that proceedings to which the Rules apply will not be held in private, expect that a single justice may give such a direction in relation to a hearing which that single justice is conducting |
27.11(2)(g) | Power of the court to permit any other person to be present during any hearing, except that a single justice may give such permission in relation to a hearing which that single justice is conducting |
27.11(3) | Direction that persons within rule 27.11(2)(f) shall not attend the proceedings or any part of them |
Part 28 | Powers of the court to make costs orders including wasted costs orders under section 145A of the Magistrates' Courts Act 1980 |
29.8(1) | Court's opinion that it would be prevented by section 8 or 9 of the Child Support Act 1991 from making an order |
29.8(2) | Court's consideration of the matter without a hearing |
29.8(10) | Power of the court to determine that it would be prevented by sections 8 or 9 of the 1991 Act from making an order, and to dismiss the application |
29.8(11) | The court must give written reasons for its decision |
29.9(2) | Direction that the document will be treated as if it contained the application and directions as the court considers appropriate as to the subsequent conduct of the proceedings |
29.13(1) | Direction for a court officer not to serve a copy of an order (other than directions that the single justice has made) to every party affected by it |
29.15 | Specifying alternative date for an order to take effect, except an order which the single justice has made |
29.16 | Correcting an accidental slip or omission in an order, except where that order was made by a single justice |
Part 30 | Any power of the magistrates' court (where it is the lower court) to grant or refuse permission to appeal, except where a single justice has the power to make the order which is subject to the appeal |
31.9 | Power for court to stay the proceedings |
Practice Direction: Family Assistance Orders dated 3 September 2007- Paragraphs 2, 3, and 5 |
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Public Law Proceedings Guide to Case Management: 6th April 2010- Paragraphs 8.1 to 8.5 |
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Practice Direction: Residence and Contact Orders: Domestic Violence and Harm: 14 January 2009- Paragraphs 17, 18, 21 to 23, 28 and 29 |
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Practice Direction: Attendance of Media Representatives at Hearings in Family Proceedings dated 6 April 2009 |
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PD 14B – The First Directions Hearing- adoptions with a Foreign Element- Paragraph 2 |
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PD 15A – Protected Parties- Paragraph 4.2(b) |
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PD16A – Representation of Children- Paragraphs 6.8 and 7.5 |
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PD18A – Other Applications in Proceedings Paragraphs 4.1 to 4.4(a) |
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PD22A – Written Evidence Paragraphs 1.6, 14.1 and 14.2 |
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PD 24A – Witnesses, Depositions and Taking of Evidence in Member States of the European Union- Paragraph 9.1 and 9.6 |
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