Article 5 Composition: appeals heard by a judge of district judge levelC1

England and Wales

(1)

Subject to rule 7, the family court shall be composed of a judge of district judge level when hearing an appeal from the decision of the Secretary of State where an appeal is brought under—

(a)

regulation 25AB(1) of the Child Support (Collection and Enforcement) Regulations 1992 (Appeals) M1;

(b)

section 20(1) (a) or (b) of the 1991 Act to a court by virtue of article 3 of the Child Support Appeals (Jurisdiction of Courts) Order 2002 M2 (Parentage appeals to be made to courts).

(2)

The family court may be composed of a judge of district judge level when hearing applications in the course of appeal proceedings against decisions of persons referred to in rule 6(2)(b) to (d) or decisions of the court referred to in rule 6(3).

(3)

The family court shall be composed of a costs judge or a district judge of the High Court when hearing an appeal against the decision of an authorised court officer.

Annotations

Marginal citations

M1: S.I. 1992/1989. Relevant amending instruments are S.I. 2009/1815 and 2012/2007.
M2: S.I. 2002/1915. Relevant amending instrument is S.I. 2008/2683.

Modifications

C1: Rules 5-7 applied (22.4.2014) by The Crime and Courts Act 2013 (Family Court Transitional and Saving Provision) Order 2014 (S.I. 2014/956), arts. 1, 10(2)