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Article 7 Composition: appeals heard by a judge of High Court levelC1

England and Wales

(1)

The family court shall be composed of a judge of High Court level when hearing an appeal from the decision of—

(a)

the Senior District Judge of the Family Division in financial remedy proceedings;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

a costs judge; or

(d)

the Gender Recognition Panel where an appeal is brought under section 8(1) of the Gender Recognition Act 2004 M1 (Appeals etc.).

(2)

The family court shall be composed of a judge of High Court level (instead of a judge of district judge level or a judge of circuit judge level) where there is—

(a)

an appeal against a decision referred to in rules 5 and 6; and

(b)

the Designated Family Judge or a judge of High Court level considers that the appeal would raise an important point of principle or practice.

Annotations

Textual amendments

F1

Rule 7(1)(b) omitted (24.5.2021) by virtue of The Family Court (Composition and Distribution of Business) (Amendment) Rules 2021 (S.I. 2021/505), rules 1(2), 3

Marginal citations

M1

2004 c.7. Section 8(1) was amended by section 250 of the Civil Partnership Act 2004 (c.33) and by paragraph 8 of Part 1 of Schedule 5 to the Marriage (Same Sex Couples) Act 2013 (c.30).

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)