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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2011, ISBN 9780111506325

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 56(6) of the Access to Justice Act 1999 for approval by resolution of each House of Parliament.

Family Proceedings

Senior Courts Of England And Wales County Courts, England And Wales

Made

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 1999f1.

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).

Contents

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

1Citation, 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—

  • “costs judge” means a Taxing Master of the Senior Courts;

  • “decision” means a judgment, order or direction of the High Court or a county court;

  • “family proceedings” has the meaning assigned to it by section 32 of the Matrimonial and Family Proceedings Act 1984f1.

(3)

This Order applies to a decision made in family proceedings in the High Court or a county 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 1981f2 or section 77(1) of the County Courts Act 1984f3); and

(b)

any requirement to obtain permission to appeal.

2Appeals 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;

(b)

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

(c)

a costs judge; or

(d)

a person appointed to act as a deputy for any person holding an office referred to in sub-paragraphs (a) to (c) or to act as a temporary additional officer in any such office.

(2)

Paragraph (1) applies irrespective of whether the family proceedings in which the decision was made are in the High Court or whether they are in the principal registry of the Family Division of the High Court when it is treated as if it were—

(a)

a divorce county courtf1;

(b)

a civil partnership proceedings county courtf2;

(c)

a family hearing centref3;

(d)

a care centre;

(e)

an adoption centre;

(f)

an intercountry adoption centre;

(g)

a forced marriage county court; or

(h)

a county court for the purposes of appeals from decisions of a magistrates’ court under—

(i)

section 94 of the Children Act 1989; and

(ii)

section 61 of the Family Law Act 1996f4.

3Appeals to a judge of a county court

An appeal shall lie to a judge of a county court from a decision in family proceedings made by a district judge or deputy district judge of a county court (and for this purpose “judge of a county court” does not include a district judge or a deputy district judge.).

4Revocation

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

Signature

Parliamentary Under Secretary of State,

Ministry of Justice

Date

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).