Key Legislation

The statutes and instruments that enable and govern practice directions

Practice directions are not made in a legal vacuum. Their authority derives from specific statutory provisions that empower senior judges and rule committees to issue procedural guidance. The following statutes and instruments form the legislative framework for practice directions across all jurisdictions in England and Wales. All links lead to the official text on legislation.gov.uk.

Civil Procedure Act 1997

The foundational statute for civil court rules and practice directions. Establishes the Civil Procedure Rule Committee (CPRC) and confers on it the power to make rules governing civil proceedings in the County Court and the High Court. Section 5 provides that practice directions may be given by the Lord Chief Justice or by the heads of division, with the approval of the Lord Chancellor. This Act is the primary statutory basis for all CPR practice directions.

Constitutional Reform Act 2005

Reforms the constitutional relationship between the judiciary, the executive, and Parliament. Section 3 guarantees the continued independence of the judiciary. Establishes the Lord Chief Justice as the head of the judiciary of England and Wales and the president of the courts. Confers on the Lord Chief Justice the power to issue practice directions for any court, subject to approval requirements. Creates the Judicial Appointments Commission and the Supreme Court of the United Kingdom.

Courts Act 2003

Provides for the administration of the courts, including the creation of HM Courts Service (now HMCTS). Establishes the Criminal Procedure Rule Committee and confers on it the power to make the Criminal Procedure Rules. Section 74 gives the Lord Chief Justice the power to give practice directions in relation to the practice and procedure of the criminal courts. Also deals with justices of the peace, fines enforcement, and judicial appointments to the lower courts.

Tribunals, Courts and Enforcement Act 2007

Creates the unified tribunal structure: the First-tier Tribunal, the Upper Tribunal, and the Tribunal Procedure Committee. Section 23 confers on the Senior President of Tribunals the power to give practice directions as to the practice and procedure of the First-tier Tribunal and the Upper Tribunal. Part 3 modernises enforcement law, introducing the unified enforcement agent system and the procedure for taking control of goods under Schedule 12.

Matrimonial and Family Proceedings Act 1984

Establishes the Family Procedure Rule Committee (as amended by the Courts Act 2003 and the Crime and Courts Act 2013). The committee has the power to make rules governing family proceedings. Practice directions supplementing the Family Procedure Rules are issued by the President of the Family Division under powers derived from this Act and the Constitutional Reform Act 2005.

Family Procedure Rules 2010 (SI 2010/2955)

The procedural code governing family proceedings in the Family Court and the family jurisdiction of the High Court. Covers financial remedy applications, children proceedings (including contact and residence), adoption, domestic abuse protection orders, and international family law matters. Supplemented by practice directions issued by the President of the Family Division.

Civil Procedure Rules 1998 (SI 1998/3132)

The principal procedural code for civil litigation in the County Court and the High Court. Made under the Civil Procedure Act 1997, the CPR replaced the former Rules of the Supreme Court and County Court Rules. The overriding objective (CPR 1.1) requires cases to be dealt with justly and at proportionate cost. Most CPR Parts are accompanied by one or more practice directions providing detailed operational guidance.

Criminal Procedure Rules (SI 2020/759)

The current consolidated version of the Criminal Procedure Rules, governing the practice and procedure of criminal courts in England and Wales: magistrates' courts, the Crown Court, and the Court of Appeal Criminal Division. Made under the Courts Act 2003. Supplemented by the Criminal Practice Directions issued by the Lord Chief Justice. The overriding objective (CrimPR 1.1) is to deal with criminal cases justly.

Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

One of several sets of tribunal procedure rules made under the Tribunals, Courts and Enforcement Act 2007. Each chamber of the First-tier Tribunal has its own procedure rules, including the Social Entitlement Chamber Rules, the Tax Chamber Rules, the Immigration and Asylum Chamber Rules, and the Health, Education and Social Care Chamber Rules. All are supplemented by practice directions issued by the relevant chamber president or the Senior President of Tribunals.

Senior Courts Act 1981

Establishes the Senior Courts of England and Wales: the High Court, the Court of Appeal, and the Crown Court. Sets out the jurisdiction and composition of each court and the powers of their judges. Provides for the making of rules of court and the inherent jurisdiction of the High Court to regulate its own procedure. The Act was renamed from the Supreme Court Act 1981 by the Constitutional Reform Act 2005.

County Courts Act 1984

The framework legislation for the County Court. Defines the County Court's civil jurisdiction, enforcement powers, and administrative structure. Relevant to practice directions in that the CPR (and their accompanying practice directions) govern County Court procedure under the authority of the Civil Procedure Act 1997. The Act was significantly amended by the Crime and Courts Act 2013, which created a single County Court for England and Wales.

Magistrates' Courts Act 1980

Governs the jurisdiction and procedure of magistrates' courts. Covers summary trial, committal proceedings, sentencing powers, and civil jurisdiction (including council tax liability orders and licensing). Magistrates' court procedure in criminal cases is now primarily governed by the Criminal Procedure Rules and Criminal Practice Directions, but the 1980 Act remains the primary source for jurisdictional limits and certain procedural powers.

Crime and Courts Act 2013

Creates the single County Court for England and Wales (replacing the previous system of separate county courts) and the single Family Court. Enables flexible deployment of the judiciary across court levels. Amends the powers of the Family Procedure Rule Committee and the Civil Procedure Rule Committee. These structural changes necessitated consequential amendments to numerous practice directions.

Access to Justice Act 1999

Establishes the Legal Services Commission (now the Legal Aid Agency) and reforms the funding of civil litigation. Introduces conditional fee arrangements and regulates costs agreements. Relevant to practice directions on costs, funding, and the conduct of funded litigation. Also provides for community legal services and criminal defence services.

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