The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011

S.I. 2011/1044 · Made 30 March 2011 · Extends to England and Wales

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 22 April 2014.

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Provision	Change	Made by
art. 1-3	applied (with modifications)	Crime and Courts Act 2013 (Family Court: Transitional and Saving Provision) 2014 art. 11

Family Proceedings

Senior Courts Of England And Wales

County Courts, England And Wales

Made 30th March 2011

Coming into force 6th April 2011

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 56(1) and (3) of the Access to Justice Act 1999^f1.

In accordance with section 56(4) of that Act he has consulted as required.

In accordance with section 56(6) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1: 1999 c.22. Section 56(4) was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 279 and 280(1) and (2).

1Citation, commencement, interpretation and application
2Appeals to a judge of the High Court
3Appeals to a judge of a county court Repealed
4Revocation
Signature
Explanatory note

1Citation, commencement, interpretation and applicationI1

(1)

This Order may be cited as the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011 and shall come into force on 6th April 2011.

(2)

In this Order—

F1...
“decision” means a judgment, order or direction of the High Court F2...;
“family proceedings” has the meaning assigned to it by section 32 of the Matrimonial and Family Proceedings Act 1984^f1.

(3)

This Order applies to a decision made in family proceedings in the High Court F3... and has effect subject to—

(a)

any enactment that provides a different route of appeal (other than section 16(1) of the Senior Courts Act 1981^f2 or section 77(1) of the County Courts Act 1984^f3); and

(b)

any requirement to obtain permission to appeal.

2Appeals to a judge of the High CourtI1

(1)

An appeal shall lie to a judge of the High Court from a decision in family proceedings made by—

(a)

a district judge of the High Court;

F1(aa)

the Senior District Judge of the Family Division;

(b)

a district judge of the principal registry of the Family Division;

F2(c)

the Chief Taxing Master;

F3(cc)

a Taxing Master of the Senior Courts; or

(d)

a person appointed to act as a deputy for any person holding an office referred to in F4sub-paragraph (a), (b) or (cc) or to act as a temporary additional officer in any such office.

F5(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Appeals to a judge of a county courtF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4RevocationI1

The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005^f1 is revoked.

Signature

Signed by the authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Department

30th March 2011

This Order provides for the routes of appeal from decisions made in family proceedings by certain levels of judge. It replaces, in a single instrument, provision which is made for some types of family proceedings in rules of court (which are separately revoked by virtue of the Family Procedure Rules 2010 ( S.I. 2010/2955) and the Courts Act 2003 (Commencement No. 14) Order 2010 ( S.I. 2010/2921)) and for others in the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005 (S.I.2005/3276) (which is revoked by Article 4). With effect from 6^th April 2011, appeals against decisions made in family proceedings in the High Court or a county court shall lie as follows—

(a)

appeals from decisions made by a district judge or deputy district judge of a county court will lie to a judge of that court (article 3); and

(b)

appeals from decisions made by a district judge of the High Court, a district judge of the principal registry of the Family Division, a costs judge, or a deputy or temporary additional officer in any such office will lie to a judge of the High Court (article 2). Article 2 applies to a decision to be appealed in proceedings in the principal registry of the Family Division of the High Court where it is treated as if it were a county court (for example, where it is treated as a care centre or a divorce county court).