The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011

Statutory Instruments

2011 No. 1044 (L. 7)

Family Proceedings

Senior Courts Of England And Wales

County Courts, England And Wales

The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011

Made

30th March 2011

Coming into force

6th April 2011

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 56(1) and (3) of the Access to Justice Act 1999(1).

In accordance with section 56(4) of that Act he has consulted as required.

In accordance with section 56(6) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement, interpretation and application

1.—(1) This Order may be cited as the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011 and shall come into force on 6th April 2011.

(2) In this Order—

“costs judge” means a Taxing Master of the Senior Courts;

“decision” means a judgment, order or direction of the High Court or a county court;

“family proceedings” has the meaning assigned to it by section 32 of the Matrimonial and Family Proceedings Act 1984(2).

(3) This Order applies to a decision made in family proceedings in the High Court or a county court and has effect subject to—

(a) any enactment that provides a different route of appeal (other than section 16(1) of the Senior Courts Act 1981(3) or section 77(1) of the County Courts Act 1984(4)); and

(b) any requirement to obtain permission to appeal.

Appeals to a judge of the High Court

2.—(1) An appeal shall lie to a judge of the High Court from a decision in family proceedings made by—

(a) a district judge of the High Court;

(b) a district judge of the principal registry of the Family Division;

(c) a costs judge; or

(d) a person appointed to act as a deputy for any person holding an office referred to in sub-paragraphs (a) to (c) or to act as a temporary additional officer in any such office.

(2) Paragraph (1) applies irrespective of whether the family proceedings in which the decision was made are in the High Court or whether they are in the principal registry of the Family Division of the High Court when it is treated as if it were—

(a) a divorce county court(5);

(b) a civil partnership proceedings county court(6);

(c) a family hearing centre(7);

(d) a care centre;

(e) an adoption centre;

(f) an intercountry adoption centre;

(g) a forced marriage county court; or

(h) a county court for the purposes of appeals from decisions of a magistrates’ court under—

(i) section 94 of the Children Act 1989; and

(ii) section 61 of the Family Law Act 1996(8).

Appeals to a judge of a county court

3.  An appeal shall lie to a judge of a county court from a decision in family proceedings made by a district judge or deputy district judge of a county court (and for this purpose “judge of a county court” does not include a district judge or a deputy district judge.).

Revocation

4.  The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005(9) is revoked.

Signed by the authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Department

30th March 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the routes of appeal from decisions made in family proceedings by certain levels of judge. It replaces, in a single instrument, provision which is made for some types of family proceedings in rules of court (which are separately revoked by virtue of the Family Procedure Rules 2010 ( S.I. 2010/2955) and the Courts Act 2003 (Commencement No. 14) Order 2010 ( S.I. 2010/2921)) and for others in the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005 (S.I.2005/3276) (which is revoked by Article 4). With effect from 6^th April 2011, appeals against decisions made in family proceedings in the High Court or a county court shall lie as follows—

(a) appeals from decisions made by a district judge or deputy district judge of a county court will lie to a judge of that court (article 3); and

(b) appeals from decisions made by a district judge of the High Court, a district judge of the principal registry of the Family Division, a costs judge, or a deputy or temporary additional officer in any such office will lie to a judge of the High Court (article 2). Article 2 applies to a decision to be appealed in proceedings in the principal registry of the Family Division of the High Court where it is treated as if it were a county court (for example, where it is treated as a care centre or a divorce county court).

(1)

1999 c.22. Section 56(4) was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 279 and 280(1) and (2).

(2)

1984 c.42.

(3)

By virtue of the Constitutional Reform Act 2005, Schedule 11, Part 1, paragraph 1 and Part 4, paragraph 26, the Supreme Court Act 1981 was renamed the Senior Courts Act 1981. Section 16 was amended by the Constitutional Reform Act 2005, Schedule 9, Part 1, paragraph 36(3) and article 7 of the Access to Justice Act 1999 (Destination of Appeals) Order 2000 ( S.I. 2000/1071).

(4)

1984 c.28. Section 77(1) was amended by the Civil Procedure Act 1997 (c.12), section 10, Schedule 2, paragraphs 2(1) and (2) and by article 8 of the Access to Justice Act 1999 (Destination of Appeals) Order 2000.

(5)

By virtue of section 42(4) of the Matrimonial and Family Proceedings Act 1984, the principal registry of the Family Division is treated as a divorce county court.

(6)

By virtue of section 42(4ZA) of the Matrimonial and Family Proceedings Act 1984, the principal registry of the Family Division is treated as a civil partnership proceedings county court. Section 42(4ZA) was inserted by the Civil Partnership Act 2004 (c.33), section 261(1), Schedule 27, paragraph 96(1) and (8).

(7)

By virtue of article 3(1)(a) to (e) of the Allocation and Transfer of Proceedings Order 2008(S.I.2008/2836), the principal registry of the Family Division is treated as a family hearing centre, a care centre, an adoption centre, an inter country adoption centre and a forced marriage county court.

(8)

By virtue of article 3(2) of the Allocation and Transfer of Proceedings Order 2008, the principal registry of the Family Division is treated as a county court for the purposes of appeals from decisions of a magistrates’ court under section 94 of the Children Act 1989 (c.41.) and section 61 of the Family Law Act 1996 (c.27). Article 3(2) was inserted by article 11 of the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I.2009/871).

(9)

S.I. 2005/3276.