Article 3 Proceedings to be commenced in magistrates' court

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art 3 rev in pt by Children (Allocation of Proceedings) 2001 arts 3, 4
arts 2, 3 am by Children (Allocation of Proceedings) 2005 arts 2, 3, 5(b), 6
art.3(1)(s)(t) added by Children (Allocation of Proceedings) 1993 art.3
arts.3(3), 4(1)(4) amended by Children (Allocation of Proceedings) 1993 arts.5, 6
art.3(1)(u) added by Children (Allocation of Proceedings) 1994 art.3

(1)

Subject to paragraphs (2) and (3) and to article 4, proceedings under any of the following provisions shall be commenced in a magistrates' court:

(a)

section 25 (use of accommodation for restricting liberty);

(b)

section 31 (care and supervision orders);

(c)

section 33(7) (leave to change name of or remove from United Kingdom child in care);

(d)

section 34 (parental contact);

(e)

section 36 (education supervision orders);

(f)

section 43 (child assessment orders);

(g)

section 44 (emergency protection orders);

(h)

section 45 (duration of emergency protection orders etc.);

(i)

section 46(7) (application for emergency protection order by police officer);

(j)

section 48 (powers to assist discovery of children etc.);

(k)

section 50 (recovery orders);

(l)

section 75 (protection of children in an emergency);

(m)

section 77(6) (appeal against steps taken under section 77(1));

(n)

section 102 (powers of constable to assist etc.);

(o)

paragraph 19 of Schedule 2 (approval of arrangements to assist child to live abroad);

(p)

paragraph 23 of Schedule 2 (contribution orders);

(q)

paragraph 8 of Schedule 8 (certain appeals);

(r)

section 21 of the Adoption Act 1976^f1.

(2)

Notwithstanding paragraph (l) and subject to paragraph (3), proceedings of a kind set out in sub-paragraph (b), (e), (f), (g), (i) or (j) of paragraph (1), and which arise out of an investigation directed, by the High Court or a county court, under section 37(1), shall be commenced—

(a)

in the court which directs the investigation, where that court is the High Court or a care centre, or

(b)

in such care centre as the court which directs the investigation may order.

(3)

Notwithstanding paragraphs (l) and (2), proceedings of a kind set out in subparagraph (a) to (k), (n) or (o) of paragraph (l) shall be made to a court in which are pending other proceedings, in respect of the same child, which are also of a kind set out in those sub-paragraphs.

Annotations

Footnotes

f1: 1976 c. 36; a new section 21 was substituted by paragraph 9 of Schedule 10 to the Children Act 1989 (c. 41).