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THE CHILDREN AND FAMILY COURT ADVISORY AND SUPPORT SERVICE (MEMBERSHIP, COMMITTEE AND PROCEDURE) REGULATIONS 2005

UK Statutory Instruments

Version as made

2005 No. 433


  • Version as made

Introductory Text

Statutory Instruments

2005 No. 433

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

FAMILY LAW, ENGLAND AND WALES

The Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2005

Made

1st March 2005

Laid before Parliament

10th March 2005

Coming into force

1st April 2005

The Secretary of State for Education and Skills, in exercise of the powers conferred on her by section 76 of, and paragraphs 2 and 4 of Schedule 2 to, the Criminal Justice and Court Services Act 2000(1), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2005 and come into force on 1st April 2005.

Interpretation

2.  In these Regulations— “co-opted member” means a member co-opted by the Service; “appointed member” means a member appointed by the Secretary of State; “member” means a member of the Service; and “the Service” means the Children and Family Court Advisory and Support Service.

Revocation

3.  The Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2000(2 ) and the Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) (Amendment) Regulations 2001(3 ) are hereby revoked.

Chairman and other appointed members

4.—(1)  The Secretary of State is to appoint the chairman of the Service and ten other appointed members.

(2)  In making an appointment under paragraph (1) , the Secretary of State must have regard to the desirability of ensuring that the Service includes members with expertise in or knowledge of—
(a) management,
(b) business and finance,
(c) social conditions relating to children and families, and
(d) the work of the courts.
(3)  After the amendment to paragraph 1 of Schedule 2 to the Criminal Justice and Court Services Act 2000 made by paragraph 14 of Schedule 3 to the Children Act 2004(4 ) has come into force, paragraph (1) has effect as if “ten” were replaced by “nine”.

Co-opted members

5.  The Service may co-opt up to five co-opted members to provide expertise to the Service.

Eligibility to be a member

6.  None of the following persons may be a member—

(a) an officer or employee of the Service,
(b) a person who has served as a member for a total period exceeding eight years,
(c) an undischarged bankrupt, or
(d) a person in respect of whom a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A of the Insolvency Act 1986(5 ) has effect.

Deputy chairman

7.—(1)  The Service must appoint one of the appointed members as deputy chairman.

(2)  An appointment under paragraph (1) requires the Secretary of State’s approval.
(3)  The Service may postpone making an appointment under paragraph (1) for a period of up to three months from the date on which the office of deputy chairman becomes vacant.
(4)  The Service may by resolution remove the deputy chairman from the office of deputy chairman (but not from office as a member) , and the office then becomes vacant.
(5)  A resolution under paragraph (4) requires the Secretary of State’s approval.

Members' tenure of office

8.—(1)  Except as provided in these Regulations, members hold and vacate office in accordance with their terms of appointment and, on ceasing to hold office, are eligible for re-appointment.

(2)  An appointed member must not be appointed for a term of more than four years, and a co-opted member for a term of more than two years.
(3)  If after becoming a member a person becomes ineligible under regulation 6, he ceases to hold office as member, and the office then becomes vacant.

Resignation

9.—(1)  A person may at any time by notice in writing to the Secretary of State and to the Service resign his office as a member, chairman or deputy chairman.

(2)  If the chairman resigns his office as chairman, that resignation has effect also in respect of his office as a member.

Removal of member by Secretary of State

10.—(1)  If the Secretary of State is satisfied that—

(a) a member has been absent from meetings of the Service for a period longer than four consecutive months without the permission of the Service,
(b) it is not in the interests or conducive to the good management of the Service that a member should continue to hold office, or
(c) a member is unable or unfit to discharge the functions of a member, she may by notice in writing to the member remove him from office, and the office then becomes vacant.
(2)  Before exercising her power under paragraph (1) , the Secretary of State must consult the chairman or, if paragraph (3) applies, either the chief executive or such member other than the chairman as she considers appropriate.
(3)  This paragraph applies if—
(a) the Secretary of State considers it inappropriate to consult the chairman,
(b) there is no chairman currently in office, or
(c) the chairman has been suspended from the exercise of his functions as a member.
(4)  If the Secretary of State is considering exercising her power under paragraph (1) , she may by notice in writing to the member suspend him from the exercise of his functions as a member.
(5)  The Secretary of State may by notice in writing to the member revoke any suspension under paragraph (4).

Removal of co-opted member by Service

11.—(1)  If the Service is satisfied that regulation 10(1) (a) , (b) or (c) applies in the case of a co-opted member, it may by resolution remove him from office, and the office then becomes vacant.

(2)  If the Service is considering exercising its power under paragraph (1) , it may by resolution suspend the co-opted member from the exercise of his functions as a member.
(3)  The Service may by notice in writing to the member revoke any suspension under paragraph (2).

Effect of removal, etc. as member on office of chairman and deputy chairman

12.  If the chairman or deputy chairman is removed from, or ceases to hold, office as a member, or is suspended from the exercise of his functions as a member, that removal, cessation or suspension has effect also in respect of the office of chairman or deputy chairman.

Frequency of meetings

13.  The Service must meet at least once every three months but may meet more frequently if it so decides.

Quorum

14.—(1)  Except as provided in paragraph (2) , the quorum of the Service is one half (rounded up to a whole number) of the members currently in office.

(2)  If there are fewer than six members currently in office, the quorum of the Service is three.