Contents
Part 1 · Introductory provisions
Article 1Citation and commencement#
(1)These Rules may be cited as the Justices of the Peace Rules 2016.
Article 2Revocations and transitional provisions#
(1)Subject to paragraph (2)—
(a)the Justices of the Peace (Size and Chairmanship of Bench) Rules 2005 (“the 2005 Rules”);
(b)the Family Court (Constitution of Committees: Family Panels) Rules 2014 (“the 2014 Rules”), and
(c)the Youth Courts (Constitution of Committees and Right to Preside) Rules 2007 (“the Youth Courts Rules 2007”)
are revoked.
(2)Appointments made under the 2005 Rules continue until 31st March 2017 as if those Rules were still in force.
(3)The Justices of the Peace (Training and Development Committee) Rules 2007 (“the TDC Rules 2007”) remain in force until 31st March 2017, after which date they are revoked.
(4)Appointments made under the TDC Rules 2007 continue until 31st March 2017 (but do not continue after that date), even if, by virtue of those Rules, they would otherwise end before that date.
(5)Any period of office under Rule 13 of the 2005 Rules is counted as a term when determining whether a justice is eligible for re-election under Rule 18, except where any such period of office is three months or less.
(6)The term of any appointment under the TDC Rules 2007 is counted when determining whether a justice is eligible for re-election under Rule 28.
Article 3Interpretation#
In these Rules—• “adult court” means a magistrates’ court other than a youth court;• “advisory committee” means one of the Lord Chancellor’s advisory committees on justices of the peace;• “eligible justice” means a justice or a family justice who is eligible to stand for election and to vote in an election pursuant to Rule 7;• “family justice” means a justice who is authorised by or on behalf of the Lord Chief Justice to conduct business in the family court;• “family justice member” has the meaning given in Rule 26(1)(a);• “FTAAAC” means a Family Training, Approvals, Authorisations and Appraisals Committee, and references to justices in relation to an FTAAAC mean family justices assigned to the local justice area or areas in the FTAAAC area;• “FTAAAC area” means the area specified by or on behalf of the Lord Chief Justice as the area for which an FTAAAC operates;• “FTAAAC selection panel” means the selection panel for each FTAAAC area, elected to appoint members of the relevant FTAAAC;• “JTAAAC” means a Justices’ Training, Approvals, Authorisations and Appraisals Committee, and references to justices in relation to a JTAAAC mean justices assigned to the local justice area or areas in the JTAAAC area;• “JTAAAC area” means the area specified by or on behalf of the Lord Chief Justice as the area for which a JTAAAC operates;• “JTAAAC selection panel” means the selection panel for each JTAAAC area, elected to appoint the members of the relevant JTAAAC;• “justice” means a justice of the peace who is not a District Judge (Magistrates’ Court) and, in relation to a local justice area, means a justice who is assigned to that area;• “justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;• “justice member” has the meaning given in Rule 22(1)(a);• “magistrates’ court” means any court in which a justice is authorised to sit, other than a family court or a Crown Court, and• “youth justice” means a justice who is authorised by or on behalf of the Lord Chief Justice to sit as a member of a youth court.
Part 2 · Composition of magistrates’ courts
Article 4Size of bench#
The number of justices sitting to deal with a case as a magistrates’ court must not be greater than three.
Article 5Presiding justices#
(1)This Rule does not apply to any justice sitting in a magistrates’ court in accordance with section 16A of the Magistrates’ Courts Act 1980.
(2)Subject to paragraph (3), a magistrates’ court must be presided over by—
(a)a District Judge (Magistrates’ Courts);
(b)a justice who has been approved in accordance with these Rules, or
(3)The justices present may, in the absence of a justice entitled to preside under paragraph (2), appoint one of their number to preside in a magistrates’ court to deal with any case if—
(a)before making such an appointment, the justices present are satisfied as to the suitability for this purpose of the justice proposed, and
(4)The condition in paragraph (3)(b) does not apply if by reason of illness, circumstances unforeseen when the justices to sit were chosen, or other emergency, no justice who complies with that condition is present.
Part 3 · Elections
Chapter 1 · Procedure
Article 6General provision#
This Part sets out the election procedure for —
(a)the offices of chairman and deputy chairman for each local justice area, and
Article 7Eligibility of justices and family justices#
(2)A family justice is eligible to stand for election and to vote in an election for membership of an FTAAAC selection panel if, on the relevant date, that justice is assigned to a local justice area to which the election relates.
(3)The relevant date in paragraphs (1) and (2) is the day on which the justices' legal adviser informs the eligible justices under Rule 10(2).
Article 8Procedure for elections#
(1)The election procedure consists of a notice of candidacy procedure, and, except as provided in paragraph (2), a secret ballot.
(2)A secret ballot is not required where the justices required to fill the available vacancies are elected under Rule 10(6)(a) or (b).
(3)The timetable for the election procedure must be determined by the justices' legal adviser and published before or at the start of the procedure.
(4)Any timetable must allow sufficient time for receipt of notices of candidacy and a secret ballot where required.
Article 9Deputy chairmen#
(1)The election procedure in respect of a deputy chairman must commence after the election of the chairman has been completed and the result declared.
(2)The number of deputy chairmen is determined by the justice elected as chairman for the duration of the term in which the deputy chairman or chairmen will serve.
Article 10Notice of candidacy procedure#
(1)Eligible justices who want to be elected in respect of a vacancy must complete a notice of candidacy.
(2)The justices' legal adviser must inform eligible justices that they may submit a notice of candidacy, in accordance with paragraph (3).
(3)The justices' legal adviser must determine and specify:
(a)the manner in which notices are to be submitted;
(b)the means by which notices can be submitted, and
(c)a closing date for receipt of notices.
(4)The justices' legal adviser, or anyone nominated to act on their behalf, must be satisfied that each notice has been submitted in accordance with the specifications made under paragraph (3).
(5)A notice that has not been submitted in accordance with the specifications in paragraph (3) must not be treated as a valid notice.
(6)Where—
(a)a single valid notice of candidacy is received for a vacancy, the candidate who submitted that notice is elected;
(b)the number of valid notices of candidacy received is less than or equal to the number of vacancies, those candidates are elected.
(7)As soon as practicable after an election under paragraph (6), the justices' legal adviser must notify the candidates as to the result.
(8)As soon as practicable after notifying the candidates under paragraph (7), the justices' legal adviser must notify the eligible justices as to the result.
Article 11Secret ballot#
(1)Where the valid notices of candidacy exceed the number of vacancies, the justices' legal adviser must arrange a secret ballot.
(2)The justices' legal adviser must inform the eligible justices that they may vote in the secret ballot in accordance with paragraph (3).
(3)The justices' legal adviser must —
(a)determine and specify the procedure to be followed for the ballot;
(b)inform eligible justices of the names of the candidates and the means by which votes may be cast, and
(c)specify a closing date by which votes must be cast if they are to be counted in the ballot.
(4)Where the election is for a single vacancy, each eligible justice may cast one vote in accordance with the specified procedure.
(5)Where the election is for more than one vacancy, each eligible justice may cast one vote per vacancy (up to but not exceeding the number of vacancies) in accordance with the specified procedure.
Article 12Determining result of secret ballot#
(1)Where there is a single vacancy, the candidate who receives the highest number of votes cast is elected.
(2)Where there is more than one vacancy, the requisite number of candidates (being the number equal to the number of vacancies) who have received the highest number of votes are elected.
(3)If—
(a)two or more candidates have received an equal number of votes for a vacancy (the “tied candidates”), and
(b)taking into account the election of any candidate who has received a higher number of votes than the tied candidates—
(i)the election of one or more of the tied candidates is necessary to make up the requisite number, but
(ii)the election of all of the tied candidates would exceed the requisite number,
the justices' legal adviser must decide between them by lot, and paragraph (4) applies.
(4)Where this paragraph applies, the candidate or candidates (as applicable) on whom the lot falls is elected.
(5)As soon as practicable after an election under this Rule, the justices' legal adviser must notify the candidates, as to—
(a)the result;
(b)the number of votes cast for each candidate, and
(c)where relevant, if a lot was required.
(6)As soon as practicable after notifying the candidates under paragraph (5), the justices' legal adviser must notify the eligible justices as to—
(a)the result;
(b)the number of votes cast for each candidate, and
(c)where relevant, if a lot was required.
Article 13Miscellaneous provisions about secret ballots#
(1)Unless otherwise determined in accordance with Rule 16, the justices' legal adviser must not treat a ballot as invalidated by reason of—
(a)information sent by the justices' legal adviser in accordance with the election procedure not being received by a justice,
(b)a vote not being received by the justices' legal adviser.
(2)Where an eligible justice does not follow the specified procedure, any vote by that eligible justice must not be taken into account when the votes are counted.
(3)The justices' legal adviser and any other person carrying out the ballot procedure must not disclose how any justice voted in any ballot.
Article 14Withdrawal of notices of candidacy#
(1)A candidate may withdraw their notice of candidacy—
(a)before the closing date for receipt of notices;
(b)where, after the closing date, there is (or otherwise would be) a need for a ballot, before the justices' legal adviser has provided to the eligible justices the information under Rule 11 (3)(b), or
(c)where there has been a ballot and an equality of votes requires the drawing of lots, before the lots are drawn.
(2)Where a candidate has withdrawn their notice of candidacy after the closing date for receipt of notices but before the justices' legal adviser has provided to the eligible justices the information under Rule 11(3)(b), the name of that candidate must be omitted from the ballot, save that—
(a)where (after the withdrawal of the notice) there is only one candidate for a single vacancy, that candidate is elected, and
(b)where (after the withdrawal of the notice) the number of candidates equals or is less than the number of vacancies, those candidates are elected.
(3)Where a candidate has withdrawn their noticeafter there has been a ballot and an equality of votes requires the drawing of lots, that candidate’s name must not be included in the drawing of lots, save that—
(a)where (after the withdrawal of the notice) there remains only one candidate for a single vacancy, that candidate is elected;
(b)where (after the withdrawal of the notice) the number of candidates for the relevant vacancy equals or is less than the number of vacancies, those candidates are elected.
Article 15Absence or insufficiency of notices of candidacy#
(1)Where no notices of candidacy have been received within the relevant timetable, or all notices submitted are withdrawn, the justices' legal adviser must inform the eligible justices of that fact and inform them that they may further submit notices by a date specified by the justices' legal adviser.
(2)Where notices are received in accordance with paragraph (1), the procedure set out at Rule 8 must be followed.
(3)If no notices are received in accordance with paragraph (1) for the office of chairman, the justices' legal adviser must arrange a secret ballot, following the procedure in Rules 11, 12 and 13.
(4)For the purposes of the secret ballot under paragraph (3), all eligible justices must be treated as candidates and their names presented in alphabetical order for the vote.
(5)If no or insufficient notices are received in accordance with paragraph (1) for the office of deputy chairman, any vacancy may remain for the duration of the term.
(6)In respect of a local justice area, if either—
(a)no notices are received in accordance with paragraph (1) for election to a JTAAAC selection panel; or
(b)insufficient notices are received for members of a JTAAAC selection panel,
the chairman of that local justice area must select the requisite number of justices to act in that regard.
(7)In respect of a local justice area, if either—
(a)no notices are received in accordance with paragraph (1) for election to an FTAAAC selection panel, or
(b)insufficient notices are received for members of an FTAAAC selection panel,
the justice with the leadership role in relation to family justices in the area must select the requisite number of justices to act in that regard.
Article 16Material irregularity in election procedure#
(1)Where the justices' legal adviser is satisfied (either of their own motion or following representation from an eligible justice) that a material irregularity has occurred in the election procedure, the justices' legal adviser may revoke the result of the election and repeat the election procedure, or a part of it, in respect of the relevant vacancy or vacancies.
(2)An eligible justice must make a representation as to any material irregularity to the justices' legal adviser within 14 days of the notification of the result of the election under Rule 10(8) or 12(6).
(3)The justices' legal adviser must notify the eligible justice who made the representation of their decision within 14 days.
(4)If the justices' legal adviser does not repeat the election procedure, an eligible justice may, within 14 days of notice of such decision, request a judicial office holder, nominated for this purpose by the Lord Chief Justice, to revoke the result of the election and repeat the election procedure, or a part of it.
(5)The eligible justice making a request under paragraph (4) must—
(a)make the request in writing to the justices' legal adviser; and
(b)specify the grounds on which the request is made.
(6)The nominated judicial office holder may—
(a)confirm the result of the election, or
(b)if satisfied that a material irregularity has occurred in the election procedure, revoke the result of the election and direct the justices' legal adviser to repeat the election procedure, or a part of it.
(7)The justices' legal adviser or nominated judicial office holder must give candidates and any eligible justice who has made representations under paragraph (2), the opportunity to make representations before determining whether to repeat the election procedure, or any part of it.
Chapter 2 · Provisions specific to chairman and deputy chairmen
Article 17Duration of term in office and vacancies#
(1)Subject to paragraphs (2), (5) and (6), a chairman and deputy chairman elected under Rules 8 to 15 inclusive will serve a term of one year commencing on 1st April following their election and ending on 31st March of the following year (the “normal term”).
(2)The term may be less than one year if—
(a)the chairman or deputy chairman ceases to act as such, whether by ceasing to be a justice, resignation or for any other reason, in which case the term finishes on the date the person ceases to act, or
(3)Where a vacancy arises during the normal term under paragraph (2), the justices' legal adviser must, as soon as possible, commence the election procedure in respect of the vacancy.
(4)Paragraph (3) does not apply if the vacancy is that of a deputy chairman and the chairman determines that the vacancy should not be filled.
(5)The term may commence on a date other than 1st April if—
(a)there has been an election under paragraph (3), in which case the term commences on the date of the election or such other date as may have been specified by or on behalf of the justices' legal adviser, or
(6)Subject to paragraph (7), in respect of a justice elected to a vacancy under paragraph (5), the term is until the end date of the normal term.
(7)If a justice is elected under paragraph (5) in respect of a term commencing on a date between 1st January and 31st March in any given year, the term continues until 31st March of the following year.
Part 4 · Approvals, Authorisations, Training and Appraisals
Chapter 1 · Compulsory Training
Article 19Training provision for justices#
A justice must not perform any of the following functions unless that justice has completed a training course approved by the Lord Chief Justice in respect of that function—
(a)sitting as a justice in the adult court;
(b)presiding in the adult court;
(c)sitting as a youth justice;
(d)presiding in the youth court;
(e)sitting as a family justice, or
(f)presiding in the family court.
Chapter 2 · Jtaaac
Article 20Formation of JTAAAC#
Article 21Functions of JTAAAC#
(1)Each JTAAAC must, as appropriate—
(a)select justices to undertake training courses in relation to the functions set out at Rule 19(b) and (d);
(b)grant and revoke approvals for justices to preside in the magistrates’ courts;
(c)grant authorisations on behalf of the Lord Chief Justice, and recommend revocations of authorisations, for justices to sit as youth justices, and
(2)Each JTAAAC must, as appropriate—
(a)identify the training needs of justices sitting in magistrates’ courts in its area;
(b)prepare a training plan to meet those needs;
(c)specify that certain training is essential for all or certain justices, having regard to guidance issued by the Lord Chief Justice;
(d)ensure there are arrangements in place to deliver the required training, and
(e)monitor the training of justices in its area in relation to magistrates’ courts.
(3)In undertaking the responsibilities in these Rules, each JTAAAC must have regard to—
(a)guidance issued by the Lord Chief Justice;
(b)the national training programme for justices;
(c)any national minimum training provision;
(e)the budget for justices’ training in the area, and
(f)any requirements of the Lord Chief Justice to report on justices’ training.
Article 22Membership of JTAAAC#
(1)Each JTAAAC must consist of:
(b)one justice nominated by the Magistrates’ Association, and
(c)the justices' legal adviser or an assistant nominated by them who is also a person authorised to exercise functions under section 28(1) of the Courts Act 2003.
(2)The following justices must not be members of a JTAAAC —
(a)a member of the JTAAAC selection panel;
(b)a chairman of the justices within the JTAAAC area, or
(c)a justice who is a member of an advisory committee in the JTAAAC area.
(3)Subject to paragraph (4), the following may attend meetings of a JTAAAC —
(a)either—
(i)the designated officer (being the person designated under section 37 of the Courts Act 2003) in the JTAAAC area;
(ii)where there is more than one designated officer, one of them, or
(iii)a person delegated by the designated officer or officers (as the case may be).
(b)the chairmen of the justices in the JTAAAC area, and
(c)any additional persons invited to attend by the JTAAAC.
(4)The individuals referred to in paragraph (3) must not attend any part of a meeting at which the JTAAAC considers matters relating to individual justices.
Article 23JTAAAC selection panel#
(3)The JTAAAC selection panel must be elected in accordance with the election procedure set out in Part 3, Chapter 1 of these Rules.
(4)Members of the JTAAAC selection panel must be elected for a period of three years, and may be re-elected provided that they have not served for more than six years.
(8)A justice who wants to be appointed as a justice member must submit a written application to the selection panel.
(b)consider the written applications and—
(i)appoint the number of justice members required, and
(ii)subject to Rule 28(1), determine the duration of the terms of members so appointed.
Chapter 3 · Ftaaac
Article 24Formation of FTAAAC#
Article 25Functions of FTAAAC#
(1)Each FTAAAC must—
(a)select family justices to undertake training courses in relation to the functions set out at Rule 19(f);
(b)grant and revoke approvals for family justices to preside in the family court;
(c)grant authorisations on behalf of the Lord Chief Justice, and recommend revocations of authorisations, for justices to sit as family justices, and
(2)Each FTAAAC must, as appropriate—
(a)identify the training needs of family justices in its area;
(b)prepare a training plan to meet those needs;
(c)specify that certain training is essential for all or certain family justices, having regard to guidance issued by the Lord Chief Justice;
(d)ensure there are arrangements in place to deliver the required training, and
(e)monitor the training of family justices in its area.
(3)In undertaking the responsibilities in these Rules, each FTAAAC must have regard to—
(a)guidance issued by the Lord Chief Justice;
(b)the national training programme for justices;
(c)any national minimum training provision;
(e)the budget for justices’ training in the area, and
(f)any requirements of the Lord Chief Justice to report on justices’ training.
Article 26Membership of FTAAAC#
(1)Each FTAAAC must consist of—
(a)between 6 and 24 family justices from the relevant local justice areas appointed in accordance with Rule 27 (the “family justice members”);
(b)one justice nominated by the Magistrates’ Association, and
(c)the justices' legal adviser or an assistant nominated by them who is also a person authorised to exercise functions under section 28(1) of the Courts Act 2003.
(2)The following justices must not be members of an FTAAAC —
(a)a member of the FTAAAC selection panel;
(c)a justice who is a member of an advisory committee in the FTAAAC area.
(3)Subject to paragraph (4), the following may attend meetings of an FTAAAC —
(a)either—
(i)the designated officer (being the person designated under section 37 of the Courts Act 2003) in the FTAAAC area, or
(ii)where there is more than one designated officer, one of them, or
(iii)a person delegated by the designated officer or officers (as the case may be).
(b)the justice with the leadership role in relation to family justices in the area, and
(c)any additional persons invited to attend by the FTAAAC.
(4)The individuals referred to in Rule 26(3)(a), (b) and (c) must not attend any part of a meeting at which the committee considers matters relating to individual justices.
Article 27FTAAAC selection panel#
(1)A selection panel must appoint the family justice members of the FTAAAC.
(3)The selection panel must be elected in accordance with the election procedure set out in Part 3, Chapter 1 of these Rules.
(4)Members of the selection panel must be elected for a period of three years, and may be re-elected provided that they have not served for more than six years in total.
(5)Subject to paragraphs (6) and (7), the FTAAAC selection panel must consist of a family justice from each local justice area comprising the FTAAAC area.
(8)A family justice who wants to be appointed as a family justice member must submit a written application to the selection panel.
(9)The selection panel must, having regard to guidance from the Lord Chief Justice—
(a)subject to Rule 26(1)(a), determine the number of family justice members on the FTAAAC;
(b)consider the written applications and—
(i)appoint the number of family justice members required, and
(ii)subject to Rule 28(1), determine the duration of the terms of members so appointed.
(10)The selection panel may, at any time, change the number of family justice members.
(11)If the selection panel changes the number of family justice members under paragraph (10), it may amend the terms of existing family justice members.
Chapter 4 · Provisions relevant to both JTAAACs and FTAAACs
Article 28Miscellaneous provisions#
(1)A justice member or family justice member (as the case may be)—
(a)may serve for between one and three years, as determined by the selection panel in accordance with Rule 23(9)(b)(ii) or 27(9)(b)(ii); and
(2)The justice nominated by the Magistrates’ Association—
(a)may serve for a three year renewable term, and
(3)At the first meeting of a JTAAAC and the first meeting of an FTAAAC following 1st April each year—
(b)a chairman of the FTAAAC must be chosen from among its family justice members.
Article 29JTAAAC and FTAAAC decisions#
(2)Decisions on other matters must be made by at least one third, or three of its members, whichever is the greater.
(3)If—
(b)by reason of that member’s absence there are then fewer than three members present,
the meeting is quorate in relation to that discussion and any subsequent decision relating to that discussion.
Article 30Grant of approval or authorisation#
(1)In order to approve justices to preside in court or to authorise justices to sit as youth or family justices, a JTAAAC or FTAAAC must be satisfied that—
(b)in respect of an authorisation to sit as a youth justice or a family justice, the justice is suitable for that role;
Article 31Review of competence#
(1)This Rule applies to justices in respect of their competence to sit in the adult court (other than their competence to preside in court).
(a)if the justice has not completed, within a reasonable time, any training requirement specified in Rule 19(a);
(b)if the justice has not completed, within a reasonable time, one or more training requirements designated as essential pursuant to Rule 21(2)(c);
(c)following any appraisal or series of appraisals carried out in accordance with this Rule or with the appraisals scheme;
(e)where, following a referral in relation to a complaint considered under rules made under regulation 7 of the Judicial Discipline (Prescribed Procedures) Regulations 2014 or regulation 7 of the Judicial Discipline (Prescribed Procedures) Regulations 2023, the JTAAAC is satisfied that the justice has failed to demonstrate the necessary competence.
(4)Following a review under this Rule, the JTAAAC may take any action it considers appropriate, including one or more of the following—
(a)confirming that it is satisfied as to the competence of the justice;
(b)requiring the justice to undertake training or further training;
(c)requiring the justice to undertake one or more appraisal or further appraisals;
(d)where satisfied that a justice has failed over a period of time to reach the required standard, instructing the justices' legal adviser to report the matter to the appropriate advisory committee.
Article 32Review of approvals and authorisations#
(1)This Rule applies to justices in respect of—
(a)any approval of justices to preside in the magistrates’ court or family court; and
(b)any authorisation of justices to sit as a youth justice or family justice.
(a)if requested to do so by that justice;
(e)if the justice has not completed, within a reasonable time, any training requirements specified in Rule 19;
(f)if the justice has not completed, within a reasonable time, one or more training requirements designated as essential pursuant to Rule 21(2)(c) or 25(2)(c);
(g)following an appraisal or series of appraisals carried out in accordance with this Rule or the appraisal scheme;
(i)where, following a referral in relation to a complaint considered under rules made under regulation 7 of the Judicial Discipline (Prescribed Procedures) Regulations 2014 or regulation 7 of the Judicial Discipline (Prescribed Procedures) Regulations 2023, the JTAAAC or FTAAAC is satisfied that the justice has failed to demonstrate the necessary competence in the role to which the approval or authorisation relates.
(5)Following a review of an authorisation or an approval, the JTAAAC or FTAAAC may take any action it considers appropriate, including one or more of the following—
(a)confirming the approval or authorisation;
(b)requiring the justice to undertake training or further training;
(c)requiring the justice to undertake one or more appraisal or further appraisals;
(d)revoking the approval to preside in court (either generally or in a specific role);
(e)recommending the revocation of an authorisation to sit as a youth justice or family justice;
(f)where satisfied that a justice has failed over a period of time to reach the required standard, instructing the justices' legal adviser to report the matter to the appropriate Lord Chancellor’s advisory committee on Justices of the Peace.
Article 33Revocation of approvals and authorisations#
A JTAAAC or FTAAAC (as appropriate) may revoke an approval of a justice to preside in court, or recommend to the Lord Chief Justice to revoke the authorisation to sit as a family justice or youth justice, as follows—
(a)where requested to do so by the justice who is the subject of the approval or authorisation;
(c)if the justice has not completed, within a reasonable time, any training requirements specified in Rule 19;
(d)if the justice has not completed, within a reasonable time, one or more training requirements designated as essential pursuant to Rule 21(2)(c) or 25(2)(c);
(e)where the justice has failed to undertake training or appraisal required under Rule 32(5);
Article 34Reconsideration and review procedure#
(a)not to select the justice for training in relation to the functions set out at Rule 19(b)(d) or (f);
(b)following a review under Rule 31 or 32, or
(c)following a revocation or recommendation of revocation under Rule 33.
(2)The justice concerned may—
Article 35Review of excess authorisations#
(1)Where a JTAAAC or FTAAAC (as appropriate) is advised by the justices' legal adviser that the number of justices required to sit as a family or youth justice is excessive, to the extent that justices cannot sit sufficiently often to meet their minimum sitting requirements, it may—
(a)invite authorised justices to resign their authorisation, or
(b)recommend that the Lord Chief Justice revokes any authorisation.
(2)Any recommendation to revoke any authorisation under this Rule must be decided by lot in such a way as to retain a sufficient number of justices approved to preside to enable them to carry out their functions.
Article 36Consequential provision#
(1)The Family Court (Composition and Distribution of Business) Rules 2014 are amended as follows.
(2)For rule 10 (interpretation of this part), substitute—“10 In this Part, “2016 Rules” means the Justices of the Peace Rules 2016.”
(3)In rule 11—
(a)in paragraph (1), for “is on a list of approved family chairmen”, substitute “has been approved to preside in accordance with the 2016 Rules”;
(b)in paragraph (2), for “included on a list of approved family court chairmen”, substitute “approved to preside in accordance with the 2016 Rules”;
(c)in paragraph (2)(a), for “on the list of approved family court chairmen”, substitute “approved to preside in accordance with the 2016 Rules”;
(d)in paragraph (2)(b), for “rule 31 of the 2007 Rules”, substitute “rule 19 of the 2016 Rules”, and
(e)omit paragraph (3).
(4)In paragraph (1)(b) of rule 12, for “rule 31(d) of the 2007 Rules”, substitute “rule 19(f) of the 2016 Rules”.
Contains public sector information licensed under the Open Government Licence v3.0.