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

conferring jurisdiction on the High Court in relation to proceedings in which F15the family court or F7the county court has jurisdiction;

b

conferring jurisdiction on F18the family court orF8the county court in relation to proceedings in which the High Court has jurisdiction;

c

allocating proceedings to the High Court F19or to the family court or to F8the county court ;

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.

F134

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F135

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F136

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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

ii

the jurisdiction, practice or procedure of F11the county court, F21or

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

No such order shall be made so as to confer jurisdiction on F20the family court orF12the county court to hear any application for judicial review.

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.