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The Family Law Act 1996 (Part IV)(Allocation of Proceedings)(Amendment) Order 2005

S.I. 2005/2924 · Made 18 October 2005

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.

FAMILY PROCEEDINGS

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

Made 18th October 2005

Laid before Parliament 25th October 2005

Coming into force 5th December 2005

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 57 of the Family Law Act 1996f1:

Annotations to the whole text

Footnotes

f1

1996 c. 27.

Contents

  1. 1Citation, Commencement and Interpretation
  2. 2Amendments to the Family Law Act 1996 (Part IV) (Allocation of Proceedings) Order 1997
  3. 3Amendments to the Family Law Act 1996 (Part IV) (Allocation of Proceedings) Order 1997
  4. Signature
  5. Explanatory note

1Citation, Commencement and Interpretation

(1)

This Order may be cited as the Family Law Act 1996 (Part IV) (Allocation of Proceedings) (Amendment) Order 2005 and shall come into force on 5th December 2005.

(2)

In this Order a reference to an article by number alone is a reference to the article so numbered in the Family Law Act 1996 (Part IV)(Allocation of Proceedings) Order 1997f1.

2Amendments to the Family Law Act 1996 (Part IV) (Allocation of Proceedings) Order 1997

In article 2 for paragraph (a) substitute—

“(a)

designated county courts, being those courts designated for the time being—

(i)

as divorce county courts by an order under section 33 of the Matrimonial and Family Proceedings Act 1984f1; or

(ii)

as civil partnership proceedings county courts by an order under section 36A of the Matrimonial and Family Proceedings Act 1984f2; or

(iii)

as both divorce county courts and civil partnership proceedings county courts by such orders.”.

3Amendments to the Family Law Act 1996 (Part IV) (Allocation of Proceedings) Order 1997

In article 16(1) for “divorce county court,” substitute “designated county court,”.

Signature

Falconer of Thoroton, C

18th October 2005

Explanatory note

(This note is not part of the Order)

This order amends the Family Law Act 1996 (Part IV) (Allocation of Proceedings) Order 1997 (“the Order”) as a result of the implementation of the Civil Partnership Act 2004(c. 33), which received Royal Assent on 18 November 2004. Article 2 of this order is amended to create a new class of court known as a “designated county court” which includes both divorce county courts (as under the order prior to amendment) and civil partnership proceedings county courts in the classes of county court specified for the purpose of the Order. Article 3 enables the principal registry of the Family Division of the High Court to be treated as if it were either a divorce county court or a civil partnership proceedings county court where necessary.