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see also Part 2, Practice Direction 2B

# Practice Direction – Hearings by a Single Justice of the Peace This Practice Direction supplements Part 2, rule 7(1)(c)(ii)(bb) of the Family Procedure (Adoption) Rules 2005

## Functions of the court that may be dealt with by a single justice of the peace

### 1.1

Rule 7(1)(c) provides that a single justice of the peace who is a member of the family panel may deal with an application under section 41(2) (recovery orders) made without notice.

### 1.2

A single justice of the peace who is a member of the family panel may also perform the functions of the court 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.

### Table 1

Rule | Nature of function
--- | ---
12(2)(a) to (c), (e), (g), (i), (j), (m) and (n) | Case management powers, in accordance with rule 13 (except paragraphs (5) and (7), if exercised of own initiative).
14(b) | Step to be taken by court instead of court officer.
20(3) | Direction that serial number be removed.
21(1) and (2) | Direction to reveal personal details.
23(2) | Direction that child be made a respondent.
23(3) | Direction that any other person or body be made a respondent or cease to be a respondent.
23(4) | Consequential directions following the addition or removal of a party.
24(1)(a)(ii) | Set date for first directions hearing.
24(1)(a)(vi) | Set date for final hearing.
24(2)(a)(i) | Ask that relevant forms of consent to an adoption order or section 84 order be filed.
24(2)(a)(ii) | Ask that the local authority prepare a report on the suitability of the prospective adopters.
24(2)(b)(i) | Ask that the adoption agency file relevant forms of consent.
24(2)(b)(ii) and (iii) | Ask that any statements made under section 20(4)(a) or (b) be filed.
24(2)(b)(iv) | Ask that the adoption agency prepare a report on the suitability of the prospective adopters.
24(3)(a) | Direction that local authority prepare report giving their reasons for placing the child for adoption.
24(3)(b) | Ask that relevant forms of consent to the child being placed for adoption be filed.
24(4) | Giving directions instead of setting date for first directions hearing.
25 | Direction that first directions hearing may be more than 4 weeks after the date on which the application is issued.
26(1) and (4) | Giving directions at first directions hearing.
26(5) | Giving directions at any stage of the proceedings.
26(6)(a) | Setting a date for a further directions hearing or other hearing.
26(7) | Monitoring compliance with timetable and directions given.
27(4)(b)(ii) | Direction that an application under rule 55(3) (litigation friend) be made.
29(4) | Request to adoption agency or local authority for further report or for assistance.
32(4) | Direction that person must attend final hearing.
32(7) | Direction that child or applicant need not attend final hearing.
34(b) | Direction that the provisions in Part 6 do not apply to the service of a document.
35(3) | Direction that service be effected by an alternative method.
36(1)(b) | Direction that document be served by someone other than court officer.
36(2) | Decision as to which method of service to use.
37(4) | Direction that document be served on child, protected party or some other person other than person specified in table.
37(5) | Direction that, although document served on someone other than the person specified in table, it is to be treated as properly served.
39 | Direction that service of a document is dispensed with.
55(3) | Direction that an application under rule 55(3) (litigation friend) be made by a party.
55(5) | Direction that person appointed as litigation friend will not be treated as a party for the purpose of any provision in the Rules regarding service.
57(2) | Direction that court officer need not send application to protected party.
59 | Appointment of children’s guardian.
60(1)(a) | Recording reasons for refusal to appoint children’s guardian.
61(1) and (2) | Terminating appointment of children’s guardian and recording the reasons for doing so.
63(1) | Direction regarding investigations conducted by children’s guardian.
63(3)(b) | Consideration that child of sufficient understanding to instruct a solicitor direct.
64(2)(a) and (b) | Directions about children’s guardian performing duties and role in proceedings where child instructing solicitor direct.
64(2)(c) | Giving permission for children’s guardian to have legal representation.
65(1) | Direction that children’s guardian or solicitor need not attend directions hearing.
65(3) | Direction that advice from children’s guardian to be given to the court in a particular way.
65(4)(a) | Direction that children’s guardian need not file written report on the interests of the child.
66(2)(b)(ii) | Direction that children’s guardian need not bring documents/records to attention of parties.
68(5) | Terminating appointment of solicitor and recording the reasons for doing so.
68(6) | Recording the appointment of or refusal to appoint a solicitor for the child.
69 | Appointment of reporting officer.
72(4) | Direction that reporting officer need not attend directions hearing.
73(1) | Request to children and family reporter to prepare report on the welfare of the child.
74(1) | Direction regarding investigations conducted by children and family reporter.
74(3)(a) | Direction that children and family reporter need not attend directions hearing.
77 | Direction that confidential report be disclosed to party.
78(1)(a) | Giving permission to communicate information relating to proceedings held in private.
78(1)(b) | Direction that information relating to proceedings held in private is not to be disclosed in accordance with the relevant practice direction.
83 | Direction that document or order be open to inspection or given to any person.
84(2) | Removing protected information from document before disclosing to adopted adult.
85(1)(a) | Direction that translation of document may be provided by party other than the applicant.
86(4)(c) | Direction that other person be a respondent to Part 9 application.
87(2)(b) | Dispensing with requirement to file application notice.
88(2)(c) | Giving permission to make Part 9 application without serving copy of application notice.
92(c) | Direction that Part 9 application may be dealt with without hearing.
93(2) | Direction that copy application and evidence need not be served with order on parties.
97(3) | Direction that Part 10 application should continue as if the applicant had not used the Part 10 procedure and other directions as appropriate.
99(4) | Directions about future management of Part 10 application once permission given.
103(1)(b) | Giving permission to file and serve additional evidence before the hearing.
103(3) | Direction that witness who has given written evidence attend for cross-examination.
104(2) | Directions about future management of Part 10 application once acknowledgement of service received.
106 | Giving permission to withdraw application.
107(1)(b) | Giving permission to make application for recovery order without notice and giving directions re filing of application.
107(2) | Direction that application for a recovery order be made on notice.
112(1) | Direction that final order be sent in less than 7 days.
112(1)(e) | Direction that contact order, or a variation or revocation of a contact order, is not sent.
112(1)(f) | Giving permission to send notice of final order to other person.
112(3) | Giving permission to send final order to other person.
112(4) | Direction that order made in the course of proceedings is not sent.
113(2) | Direction that application under rule 113 is served on particular person.
126(2) | Direction about the service of witness statements on other parties.
126(3) | Directions as to the order in which statements are to be served and whether or not witness statements are to be filed.
131(3) | Direction that witness summary does not need to contain name and address of witness.
131(4) | Direction that witness summary need not be filed within same period that witness statement is filed.
138(3) | Direction about the service of evidence on other parties.
138(8) | Direction that other parties be given opportunity to inspect evidence intended to be filed under rule 138.
139(2) | Direction about the service of notice of intention to file evidence on a question of foreign law on other parties.
149(2) | Direction about the service of notice to use deposition on other parties.
157(1) | Giving permission to call expert or put in evidence an expert’s report.
158 | Direction that expert’s evidence need not be given in written report.
159(2)(c)(i) | Giving permission with regard to the written questions that can be put to expert.
160(1) | Direction that evidence on an issue be given by one joint expert.
160(3) | Selection of joint expert or direction that expert be selected in particular manner.
161(3) | Directions about expert’s fees and inspection, examination or experiments expert wishes to carry out.
162(1) | Direction that party prepare, file and serve document recording information which other party has no access to.
165 | Direction about discussions between experts.
167(2) | Direction that expert requesting directions from court need not provide request for directions to party instructing him and other parties.
167(3) | Direction about service, on parties, of directions given to expert.
168(3) | Direction about service of notice of change of solicitor on other parties.
169(2)(a) | Direction that notice of an application under rule 169 need not be given to party for whom the solicitor is acting.
169(3)(a) | Direction about service of order made under rule 169 on other parties.
170(2) | Direction that notice of an application under rule 170 need not be given to the party to whose solicitor the application relates.
170(3)(a) | Direction about service of order made under rule 170 on other parties.

### Table 2

Paragraph | Nature of function
--- | ---
Practice Direction supplementing Part 2, rule 9(4)
2.3 | Direction that document need not be deposited in the office of court which ordered it to be lodged.
2.4 | Giving permission for document to be taken out of the court office in which it was filed or lodged.
Practice Direction supplementing Part 5, rule 24(1)(b)(ii)
1 | Direction that application form be sent to any other person.
Practice Direction supplementing Part 8, rule 78
1.2 | Direction that information may not be communicated in accordance with the practice direction.
Practice Direction supplementing Part 9
2.5, 2.6 and 8.2 | Direction about filing of evidence.
2.9 | Direction given when reviewing conduct of case.
4 | Direction about service of application.
5.1 | Direction that application or part of application be dealt with by telephone hearing and any directions about that hearing.
7 | Recording brief details of proceedings before the court.
8.4 | Direction about service of respondent’s evidence.
8.5 | Direction about service of any evidence applicant files in reply to respondent’s evidence.
8.6 | Direction about filing of exhibits.
Practice Direction supplementing Part 10
4.1 | Directions immediately Part 10 application issued.
4.2 | Directions for disposal of Part 10 application.
4.4 | Convening a directions hearing.
5.5 | Giving extension of time to serve and file evidence under rule 102.
Practice Direction supplementing Part 15
15.4 | Directions about exhibits where they are unable to be served on account of their bulk.
25.1 | Directions about bundles for hearings.
Annex 3 | Direction that part of proceedings be dealt with by means of video conferencing and related directions.
Practice Direction supplementing Part 17
4 | Giving permission to cross-examine an expert on the contents of his instructions.

### 1.3

Where a directions hearing is being conducted by a single justice of the peace and that justice considers, for whatever reason, that it is inappropriate to give a direction on a particular matter, he shall refer the matter to the court which may give any appropriate direction.

Published by TSO on behalf of the Ministry of Justice

Applications to reproduce the material in this value added publication should be addressed to Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey, TW9 4DU.

An application can be made via the OPSI website (opens in a new window) or by e-mailing: licensing@opsi.gov.uk

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