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