The Civil Courts (Amendment) Order 2005

Statutory Instruments

2005 No. 2923

COUNTY COURTS, ENGLAND AND WALES

CIVIL PARTNERSHIP, ENGLAND AND WALES

The Civil Courts (Amendment) Order 2005

Made

18th October 2005

Coming into force

5th December 2005

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 36A of the Matrimonial and Family Proceedings Act 1984 (1):

Citation and commencement

1.  This Order may be cited as the Civil Courts (Amendment) Order 2005 and shall come into force on 5^th December 2005.

Amendments to the Civil Courts Order 1983

2.  After Article 7 of the Civil Courts Order 1983(2) insert—

“8.   For the purpose of section 36A of the Matrimonial and Family Proceedings Act 1984, where the word “Civil Partnership” appears in the second column of Schedule 3 to this Order opposite a place name in the first column, the county court at that place is hereby designated as a civil partnership proceedings county court and that county court is also designated as a court of trial.”.

3.  In Schedule 3 to the Civil Courts Order 1983, in the entries relating to Birmingham, Brighton, Bristol, Cardiff, Chester, Exeter, Leeds, Manchester and Newcastle, in the second column after “Bankruptcy” insert “Civil Partnership”.

Falconer of Thoroton, C

18th October 2005

Explanatory Note

(This note is not part of the Order)

Paragraph 92 of Schedule 27 to the Civil Partnership Act 2004 creates a new section 36A of the Matrimonial and Family Proceedings Act 1984. This gives the Lord Chancellor a power to designate certain county courts as civil partnership proceedings county courts. Civil partnership proceedings county courts are courts with jurisdiction to hear and determine civil partnership causes. This Order designates the first such courts and in addition designates them as courts of trial.

(1)

1984 c. 42. Section 36A is inserted by paragraph 92 of Schedule 27 to the Civil Partnership Act 2004 (c. 33) from a date to be appointed.

(2)

S.I. 1983/713. The relevant entries were amended by S.I. 1999/1011.