Remedy
Start free

Section 31O: Function of giving legal advice to judges

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

Part 4A: The Family Court

The Lord Chief Justice may authorise a person—

to give advice to judges of the family court about matters of law (including procedure and practice) on questions arising in connection with the discharge by them of functions conferred on them or the court, including questions arising when the person is not personally attending on them, and
to bring to the attention of judges of the family court, at any time when the person thinks appropriate, any point of law (including procedure and practice) that is or may be involved in any question so arising.

The Lord Chief Justice may authorise a person under subsection (1) only if the person—

is appointed under section 2(1) of the Courts Act 2003 or section 40(1) of the Tribunals, Courts and Enforcement Act 2007, and
has such qualifications as may be prescribed by regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice.

An authorisation under subsection (1)—

may be subject to conditions, and
may be varied or revoked by the Lord Chief Justice at any time.

The Lord Chief Justice may give directions to a person authorised to exercise functions under subsection (1).

Apart from such directions, a person authorised to exercise functions under subsection (1) is not subject to the direction of the Lord Chancellor or any other person when exercising the functions.

The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section—

a judicial office holder;
a person appointed under section 2(1) of the Courts Act 2003 or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.

A person nominated under subsection (6)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—

the Lord Chief Justice, or
a judicial office holder nominated by the Lord Chief Justice,

when exercising the functions.

In this section “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.

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.