Article 6 Transfer from one magistrates' court to another

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

art 6 rev in pt by Children (Allocation of Proceedings) 2001 arts 3, 5(a)
art 6 am by Children (Allocation of Proceedings) 2001 arts 3, 5(b)
art.6, made arts.6(1), 10(1), 12(1), 13(1) and amended by Children (Allocation of Proceedings) 1993 art.4(a)(b)
art.6(2) added by Children (Allocation of Proceedings) 1993 art.4(c)
art.10, made arts.6(1), 10(1), 12(1), 13(1) and amended by Children (Allocation of Proceedings) 1993 art.4(a)(b)
art.12, made arts.6(1), 10(1), 12(1), 13(1) and amended by Children (Allocation of Proceedings) 1993 art.4(a)(b)
art.13, made arts.6(1), 10(1), 12(1), 13(1) and amended by Children (Allocation of Proceedings) 1993 art.4(a)(b)
arts.6(2)(c), 10(2)(c), 12(2)(c), 13(2)(c) amended by Children (Allocation of Proceedings) 1994 art.4
art.6(2)(d) added by Children (Allocation of Proceedings) 1998 art.2

A magistrates' court (the “transferring court”) shall transfer proceedings under the Act or under the Adoption Act 1976 to another magistrates' court (the “receiving court”) where–

(a)

having regard to the principle set out in section 1(2), the transferring court considers that the transfer is in the interests of the child–

(i)

because it is likely significantly to accelerate the determination of the proceedings,

(ii)

because it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in the receiving court, or

(iii)

for some other reason, and

(b)

the receiving court, by its justices' clerk (as defined by rule 1(2) of the Family Proceedings Courts (Children Act 1989) Rules 1991^f1), consents to the transfer.

Annotations

Footnotes

f1: S.I. 1991/1395.