Part I Procedure etc. in Civil Courts
Allocation and transfer of business
1 Allocation of business between High CourtF14, family court and F6county court.
1
The Lord Chancellor may by order make provision—
a
b
d
specifying proceedings which may be commenced only in the High Court;
F16da
specifying proceedings which may be commenced only in the family court,
e
specifying proceedings which may be commenced only in F9the county court;
f
specifying proceedings which may be taken only in the High Court;
F17fa
specifying proceedings which may be taken only in the family court;
g
specifying proceedings which may be taken only in F10the county court.
F11A
An order under subsection (1)(a) or (b) may be made only with the concurrence of the Lord Chief Justice.
2
Without prejudice to the generality of section 120(2), any such order may differentiate between categories of proceedings by reference to such criteria as the Lord Chancellor sees fit to specify in the order.
3
The criteria so specified may, in particular, relate to—
a
the value of an action (as defined by the order);
b
the nature of the proceedings;
c
the parties to the proceedings;
F22ca
any relationship between the proceedings and any other proceedings;
d
the degree of complexity likely to be involved in any aspect of the proceedings; and
e
the importance of any question likely to be raised by, or in the course of, the proceedings.
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7
Any such order may—
a
amend or repeal any provision falling within subsection (8) and relating to—
i
the jurisdiction, practice or procedure of the F2Senior Courts ; or
iii
the jurisdiction, practice or procedure of the family court,
so far as the Lord Chancellor considers it to be necessary, or expedient, in consequence of any provision made by the order; or
b
make such incidental or transitional provision as the Lord Chancellor considers necessary, or expedient, in consequence of any provision made by the order.
8
A provision falls within this subsection if it is made by any enactment other than this Act or made under any enactment.
9
Before making any such order the Lord Chancellor shall consult the Lord Chief Justice, the Master of the Rolls, F3the President of the Queen's Bench Division, the President of the Family Division, the Chancellor of the High Court and the Senior Presiding Judge (appointed under section 72).
10
11
For the purposes of this section the commencement of proceedings may include the making of any application in anticipation of any proceedings or in the course of any proceedings.
12
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F513
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.