# The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011 S.I. 2011/1044 · made 30 March 2011 · revised to 22 April 2014 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 6th April 2011, appeals against decisions made in family proceedings in the High Court or a county court shall lie as follows—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); andappeals 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). Made under: Access to Justice Act 1999 (Section 56) PDFs: Printed copy https://openlegislation.uk/access-to-justice-act-1999-destination-of-appeals-family-proceedings-order-2011/pdf/uksi_20111044_en.pdf; Explanatory Memorandum https://openlegislation.uk/access-to-justice-act-1999-destination-of-appeals-family-proceedings-order-2011/pdf/uksiem_20111044_en.pdf ## Introductory text 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. 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. ## 1 Citation, commencement, interpretation and application (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— ... “decision” means a judgment, order or direction of the High Court ...; “family proceedings” has the meaning assigned to it by section 32 of the Matrimonial and Family Proceedings Act 1984. (3) This Order applies to a decision made in family proceedings in the High Court ... 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 or section 77(1) of the County Courts Act 1984); and (b) any requirement to obtain permission to appeal. ## 2 Appeals to a judge of the High Court (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; (aa) the Senior District Judge of the Family Division; (b) a district judge of the principal registry of the Family Division; (c) the Chief Taxing Master; (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 sub-paragraph (a), (b) or (cc) or to act as a temporary additional officer in any such office. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3 Appeals to a judge of a county court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 4 Revocation The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005 is revoked. ## Signature Signed by the authority of the Lord Chancellor J Djanogly Parliamentary Under Secretary of State Department 30th March 2011 ## Explanatory note (This note is not part of the Order) 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 6th 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). --- Source: https://www.legislation.gov.uk/uksi/2011/1044 (the official version) Page: https://openlegislation.uk/access-to-justice-act-1999-destination-of-appeals-family-proceedings-order-2011 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.