PRACTICE DIRECTION 2C – JUSTICES’ LEGAL ADVISER

This Practice Direction supplements FPR Part 2, rule 2.5(1A).

Functions which may be carried out by a justices’ legal adviser

1. The functions of the family court or a judge of the family court that may be carried out by a justices’ legal adviser are the functions of the family court or of a judge of the court specified in the provisions listed in column 1 of the table subject to the exceptions or restrictions specified in column 2 in relation to particular functions.

Duty to refer if inappropriate to carry out function

2. When considering a function specified in the table—a) a justices’ legal adviser must consider whether in the particular circumstances it would be inappropriate to carry out the function; and

b) if a justices’ legal adviser determines that it would be inappropriate to carry out the function, the justices’ legal adviser must refer the matter to the court.

Table

 

Column 1

Column 2

 
 

FPR rule 3.3

  
 

FPR rule 3.4

  
 

FPR rule 3.10

  
 

FPR rule 4.1(3)(a)

Except any extensions in public law proceedings that would have the effect that disposal of the application would occur later than the end of twenty-six weeks beginning with the day on which the application was issued.

 
 

FPR rule 4.1(3)(b), (c), (d), (f), (h), (j), (k), (n), (o)

  
 

FPR rule 4.3(2)

  
 

FPR rule 4.3(5)

  
 

FPR rule 4.7(a) and (b)

  
 

FPR rule 6.14(4) and (6)

  
 

FPR rule 6.16(1)

  
 

FPR rule 6.19

  
 

FPR rule 6.20

  
 

FPR rule 6.24(2)

  
 

FPR rule 6.26(5)

  
 

FPR rule 6.32

  
 

FPR rule 6.36

  
 

the 1973 Act, section 1(3)

Only in undefended cases

 
 

the 1973 Act, sections 1(4) and 1(5)

Only in undefended cases, and only the making 'absolute' of decrees of divorce

 
 

the 1973 Act, section 6(2)

Only where the parties consent to the adjournment

 
 

the 1973 Act, sections 10A(2) and (3)

Only in an application under section 10A(2) to which the other party consents

 
 

the 1973 Act, section 17(2)

Only in undefended cases

 
 

the 2004 Act, section 37(1)(a) and (d)

Only in undefended cases, and only the making 'final' of such orders

 
 

the 2004 Act, section 42(3)

Only where the parties consent to the adjournment

 
 

the 2004 Act, sections 44(2) and (4)

Only in undefended cases

 
 

FPR rule 7.10(3)(a)

Only where the petitioner and respondent agree that a named person should not be made a co-respondent

 
 

FPR rule 7.13(5)(b)

Only in undefended cases

 
 

FPR rule 7.13(7)

Only in undefended cases

 
 

FPR rule 7.13(8)

Only in undefended cases

 
 

FPR rule 7.14(1)

  
 

FPR rule 7.20(2)

  
 

FPR rule 7.20(3)

  
 

FPR rule 7.20(4)

  
 

FPR rule 7.20(5)

  
 

FPR rule 7.21(3)

  
 

FPR rule 7.30(1)(d)(ii) and (3)

Only where the application under section 10A(2) was made on consent

 
 

FPR 7.32(2)

  
 

FPR rule 8.20(4)

Only where the parties consent to the person being made a respondent and where the person is not a child

 
 

FPR rule 9.18

  
 

FPR rule 9.20

  
 

FPR rule 9.26

  
 

FPR rule 9.46(2)

  
 

FPR rule 10.3(1)

  
 

FPR rule 10.6(2)

  
 

FPR rule 10.7

  
 

FPR rule 12.3(2)

  
 

FPR rule 12.3(3)

Only where the parties consent to the person being made a respondent and where the person is not a child

 
 

FPR rule 12.3(4)

Only where otherwise authorised to add or remove the person as a party

 
 

FPR rule 12.4(5)

Only where the parties consent to the person being made a respondent and where the person is not a child

 
 

FPR rule 12.5(1)

  
 

the 1989 Act, section 32(1)

  
 

the 1989 Act, section 32(4)

Except that the carrying out of such function must not have the direct or indirect effect of extending the timetable for the proceedings with the effect that the disposal of the application would occur later than the end of twenty-six weeks beginning with the day on which the application was issued

 
 

FPR rule 12.5(2)

Except at an Issues Resolution Hearing for which Practice Direction 12A makes provision, and except the carrying out of any function that has the direct or indirect effect of extending the timetable for the proceedings with the effect that the disposal of the application would occur later than the end of twenty-six weeks beginning with the day on which the application was issued

 
 

FPR rule 12.6(a)-(c)

  
 

the 1989 Act, section 7(1) and FPR rule 12.6(d)

  
 

FPR rule 12.12

Except at an Issues Resolution Hearing for which Practice Direction 12A makes provision, and except any direction in public law proceedings that has the direct or indirect effect of extending the timetable for the proceedings with the effect that the disposal of the application would occur later than the end of twenty-six weeks beginning with the day on which the application was issued

 
 

FPR rule 12.13

Except that in any public law proceedings, the carrying out of such function must not have the direct or indirect effect of extending the timetable for the proceedings with the effect that the disposal of the application would occur later than the end of twenty-six weeks beginning with the day on which the application was issued

 
 

FPR rule 12.14(3) and (4)

  
 

FPR rule 12.15

Except any direction in a public law proceeding that has the direct or indirect effect of extending the timetable for the proceedings with the effect that the disposal of the application would occur later than the end of twenty-six weeks beginning with the day on which the application was issued

 
 

FPR rule 12.16(6)

  
 

FPR rule 12.16(7)

  
 

FPR rule 12.19(2) and (3)

  
 

FPR rule 12.21(1)

  
 

FPR rule 12.22

  
 

FPR rule 12.73(1)(b)

  
 

Practice Direction 12G, paragraph 1.2

  
 

Practice Direction 12J, paragraph 6, first three bullet points only

  
 

Practice Direction 12J, paragraph 8

  
 

Practice Direction 12J, paragraph 15

  
 

Practice Direction 12J, paragraph 21

  
 

FPR rule 12.24

  
 

FPR rule 12.25(1), (2) and (5)

  
 

FPR rule 12.26

  
 

FPR rule 12.29

  
 

FPR rule 12.30

  
 

the 1989 Act, section 41

  
 

the 1989 Act, sections 10(1) and (2)

Only where –
(a) a previous such order has been made in the same proceedings;
(b) the terms of the order sought are the same as those of the last such order made;
(c) the order is an order in the course of proceedings and does not dispose finally of the proceedings; and
(d) a written request for such an order has been made and –
(i) the other parties and any children's guardian consent to the request and they or their legal representatives have signed the request; or
(ii) at least one of the other parties and any children's guardian consent to the request and they or their legal representatives have signed the request, and the remaining parties have not indicated that they either consent to or oppose the making of the order.

 
 

the 1989 Act, section 38(1)

Only where –
(a) a previous such order has been made in the same proceedings;
(b) the terms of the order sought are the same as those of the last such order made; and
(c) a written request for such an order has been made and –
(i) the other parties and any children's guardian consent to the request and they or their legal representatives have signed the request; or
(ii) at least one of the other parties and any children's guardian consent to the request and they or their legal representatives have signed the request, and the remaining parties have not indicated that they either consent to or oppose the making of the order.

 
 

FPR rule 12.31

  
 

FPR rule 13.3(3)

  
 

FPR rule 13.3(4)

  
 

FPR rule 13.3(5)

  
 

FPR rule 13.5

  
 

FPR rule 13.8

  
 

FPR rule 13.9(1)

Except 13.9(1)(e) and (f)

 
 

FPR rule 13.9(3)

  
 

FPR rule 13.9(6)

  
 

FPR rule 13.9(8)

  
 

FPR rule 13.9(9)

  
 

FPR rule 13.11(1)

  
 

FPR rule 13.14

  
 

FPR rule 13.16

  
 

FPR rule 13.17

  
 

FPR rule 13.21(1)

  
 

FPR rule 13.21(4)

  
 

FPR rule 13.22(4)

  
 

FPR rule 14.2(3)

Only where the applicant consents to the removal

 
 

FPR rule 14.3(2)

Only where the parties consent to the child being made a respondent

 
 

FPR rule 14.3(3)

Only where the parties consent to the person or body being made a respondent or to a party being removed, as the case may be, and only where the person being made a respondent or being removed as a party is not a child

 
 

FPR rule 14.3(4)

Only where such directions are consequential on directions made under FPR rule 14.3(2) or (3)

 
 

FPR rule 14.5(2)(b) and (3)

  
 

FPR rule 14.6(1)

  
 

FPR rule 14.6(2)(a)

  
 

FPR rule 14.6(2)(b)

  
 

FPR rule 14.6(3)(b)

  
 

FPR rule 14.6(4)

  
 

FPR rule 14.7

  
 

the 2002 Act, section 51B(3)

  
 

FPR rule 14.8(1)

Except 14.8(1)(d)

 
 

FPR rule 14.8(4)

  
 

FPR rule 14.8(6)

  
 

FPR rule 14.8(7)

  
 

FPR rule 14.9(4)(b)

  
 

FPR rule 14.10(2)

  
 

FPR rule 14.14

  
 

FPR rule 14.16(4) and (7)

  
 

FPR rule 14.18

  
 

FPR rule 14.20

  
 

FPR rule 14.26(1)

  
 

FPR rule 14.27(2)

  
 

Practice Direction 14E, paragraph 1.2

  
 

FPR rule 15.6(3)

  
 

FPR rule 15.6(5)

  
 

FPR rule 15.8(1)(b)

  
 

FPR rule 15.9

  
 

Practice Direction 15B

  
 

FPR rule 16.3(1)

  
 

FPR rule 16.3(2), (3) and (4)

Only in relation to specified proceedings as defined in the 1989 Act, section 41(6)

 
 

FPR rule 16.4

  
 

FPR rule 16.11(3)

  
 

FPR rule 16.11(5) and (6)

  
 

FPR rule 16.21

  
 

FPR rule 16.24

  
 

FPR rule 16.30

  
 

FPR rule 16.33

  
 

FPR rule 16.34

  
 

FPR rule 17.3(2)

  
 

FPR rule 17.4

  
 

FPR rule 17.5

  
 

FPR rule 18.3(1)(c)

Only where the parties consent to the person being made a respondent and where the person being made a respondent is not a child

 
 

FPR rule 18.4(2)(b)

  
 

FPR rule 18.5(2)(c)

  
 

FPR rule 18.8(4)

  
 

FPR rule 18.9(1)

Only where authorised by this Practice Direction to deal with the application with a hearing

 
 

Practice Direction 18A, paragraph 8.1

  
 

Practice Direction 18A, paragraph 10.1

  
 

Practice Direction 18A, paragraph 11.2

  
 

FPR rule 19.1(3)

  
 

FPR rule 19.4(4)

  
 

FPR rule 19.6(2)

  
 

FPR rule 19.8(1)(b)

  
 

FPR rule 19.8(3)

  
 

FPR rule 19.9(2)

  
 

Practice Direction 19A, paragraphs 4.1 and 4.4

  
 

FPR rule 21.2(3)

Only where the parties consent to the application for disclosure

 
 

Practice Direction 21A, paragraph 2.4

  
 

FPR rule 22.1(1)

  
 

FPR rule 22.3

  
 

FPR rule 22.5

  
 

FPR rule 22.7(1)

  
 

FPR rule 22.9

  
 

FPR rule 22.10

  
 

Practice Direction 22A, paragraph 5.3

  
 

FPR rule 23.4(1)

  
 

FPR rule 23.6(8)

  
 

the 1984 Act, section 31G(2)

  
 

FPR rule 23.9

  
 

FPR rule 24.3

  
 

FPR rule 24.4(2)

  
 

FPR rule 24.7

  
 

FPR rule 24.8

  
 

FPR rule 24.9

  
 

FPR rule 24.10

  
 

FPR rule 24.11(3)

  
 

FPR rule 24.13

  
 

the 2014 Act, section 13

  
 

FPR rule 25.4

  
 

FPR rule 25.8

  
 

FPR rule 25.9

  
 

FPR rule 25.10(2)

  
 

FPR rule 25.10(3)

  
 

FPR rule 25.10(4)

  
 

FPR rule 25.11

  
 

FPR rule 25.12

  
 

FPR rule 25.13

  
 

FPR rule 25.16

  
 

FPR rule 25.17

  
 

FPR rule 25.18

  
 

FPR rule 25.19

  
 

Practice Direction 25A, paragraph 2.1

  
 

Practice Direction 25B, paragraphs 10.1 and 10.2

  
 

Practice Direction 25E, paragraph 4.1

  
 

FPR rule 26.3

  
 

FPR rule 26.4

  
 

FPR rule 27.3

  
 

FPR rule 27.4

  
 

FPR rule 27.7

  
 

FPR rule 29.1

  
 

FPR rule 29.4

  
 

FPR rule 29.11

  
 

FPR rule 29.14

  
 

FPR rule 29.15

Only where the order in question is one which the justices' legal adviser made

 
 

FPR rule 29.16

Only where the order in question is one which a justices' legal adviser made

 
 

FPR rule 29.19(5)

  
 

FPR rule 37.9(3)

  
 

The Family Court (Composition and Distribution of Business) Rules 2014, rule 20

  
 FPR rule 3A.4, 3A.5 and 3A.6

Only where:

a) the proceedings are allocated within the family court to lay justices or when the justices’ legal adviser is acting as a gatekeeper at the allocation stage; and

b) the measure specified is under 3A.8(1)(a) to 3A.8(1)(c).

 
 Practice Direction 6C

Only where the proceedings are allocated within the family court to lay justices or when the justices’ legal adviser is acting as a gatekeeper at the allocation stage.

 
 

the 1989 Act, section 10(1)(a)

Only where:

a)the proceedings are allocated within the family court to lay justices or when the justices’ legal adviser is acting as a gatekeeper at the allocation stage;

b)all parties consent to the order being made;

c)CAFCASS has confirmed that no safeguarding issues have been identified which require further enquiry or would preclude the parties agreeing a consent order; and

d)the principles of PD12J have been applied and the justices’ legal adviser determines it is consistent with PD12J and the child’s welfare to make the order in the terms sought.

 
 

the 1989 Act, sections 11A(2), 11A(2B), 11C(2),  11E(7), 11G(2), 11H(2), 11H(5) and 11H(8)

Only where the proceedings are allocated within the family court to lay justices or when the justices’ legal adviser is acting as a gatekeeper at the allocation stage.

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