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Section 40: Family proceedings rules.

Matrimonial and Family Proceedings Act 1984 · 1984 c. 42View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part V: Family Business: Distribution and Transfer

REPEALED on 2011-04-06 by Courts Act 2003.

The text below is from the dated revised snapshot immediately preceding this status change. It is historical and is not current law. View the historical source.

Subject to subsection (2) below, the power to make rules of court for the purposes of family proceedings in the High Court or county courts shall be exercisable by a committee known as the Family Proceedings Rule Committee, which is to consist of the following persons—

the President of the Family Division,
one puisne judge attached to that Division,
one district judge of the principal registry of that Division,
two Circuit judges,
one district judge appointed under the County Courts Act 1984,
two persons who have a Senior Courts qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990), and
two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Senior Courts.

The members of the Family Proceedings Rule Committee, other than those eligible to act by virtue of their office, are appointed under subsection (3ZA) or (3ZB).

The Lord Chief Justice must appoint the persons referred to in paragraphs (b), (c) (d) and (e) of subsection (1), after consulting the Lord Chancellor.

The Lord Chancellor must appoint the persons referred to in paragraphs (f) and (g) of subsection (1), after consulting the Lord Chief Justice.

A person is to be appointed under subsection (3ZA) or (3ZB) for such period as the Lord Chancellor determines after consulting the Lord Chief Justice.

Rules made under this section may make different provision for different cases or different areas, including different provision—

for a specific court, or
for specific proceedings, or a specific jurisdiction,

specified in the rules.

Rules made under this section may, ...

modify or exclude the application of any provision of the County Courts Act 1984;
authorise, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to family proceedings held in private; and
provide for the enforcement in the High Court of orders made in a divorce county court or a civil partnership proceedings county court.

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About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.