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Statutory Instruments

2008 No. 2836 (L. 18)

Family Law

The Allocation and Transfer of Proceedings Order 2008

Made

30th October 2008

Laid before Parliament

3rd November 2008

Coming into force in accordance with article 1

Contents

Go to Preamble

  1. PART 1

    PRELIMINARY

    1. 1. Citation, commencement, interpretation and application

    2. 2. Classes of county court

    3. 3. Principal Registry of the Family Division

    4. 4. Contravention of a provision of this Order

  2. PART 2

    STARTING PROCEEDINGS

    1. SECTION 1

      STARTING PROCEEDINGS IN SPECIFIED LEVEL OF COURT

      1. 5. Proceedings which must be started in a magistrates’ court

      2. 6. Proceedings which must be started in a county court

      3. 7. Proceedings which may be started in the High Court

      4. 8. Proceedings which must be started in the court where proceedings under the 2002 Act are pending

    2. SECTION 2

      STARTING PROCEEDINGS IN SPECIFIED CLASS OF COUNTY COURT

      1. 9. Starting proceedings under the 1989 Act

      2. 10. Starting proceedings under Part 4A of the 1996 Act

      3. 11. Starting proceedings under the 2002 Act

  3. PART 3

    TRANSFER OF PROCEEDINGS

    1. SECTION 1

      GENERAL

      1. 12. Disapplication of enactments about transfer

      2. 13. General rules about transfer of proceedings

    2. SECTION 2

      TRANSFER OF PROCEEDINGS TO SPECIFIED LEVEL OF COURT

      1. 14. Transfer of proceedings from one magistrates’ court to another

      2. 15. Transfer of proceedings from magistrates’ court to county court

      3. 16. Transfer of proceedings from county court to magistrates’ court

      4. 17. Transfer of proceedings from one county court to another

      5. 18. Transfer of proceedings from county court to High Court

      6. 19. Transfer of proceedings from High Court

    3. SECTION 3

      TRANSFER OF PROCEEDINGS TO A SPECIFIED CLASS OF COUNTY COURT

      1. 20. Transfer of proceedings under the 1989 Act

      2. 21. Transfer of proceedings under the 2002 Act

      3. 22. Transfer of proceedings under Part 4A of the 1996 Act

    4. SECTION 4

      TRANSFER OF PROCEEDINGS TO PARTICULAR COURT

      1. 23. Transfer of proceedings when arrested for breach of order under Part 4 of the 1996 Act

      2. 24. Transfer of proceedings when arrested for breach of order under Part 4A of the 1996 Act

  4. PART 4

    APPLICATION FOLLOWING REFUSAL TO TRANSFER FROM MAGISTRATES’ COURT TO COUNTY COURT AND APPEAL AGAINST TRANSFER TO MAGISTRATES’ COURT BY COUNTY COURT

    1. 25. Application following refusal to order transfer of proceedings from magistrates’ court to county court

    2. 26. Appeal against transfer of proceedings to magistrates’ court by county court

  5. PART 5

    REVOCATIONS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS

    1. 27. Revocations

    2. 28. Consequential amendments

    3. 29. Transitional provisions

    1. SCHEDULE 1

      Classes of county court

    2. SCHEDULE 2

      Revocations

Go to Explanatory Note

The Lord Chancellor, after consulting the Lord Chief Justice, makes the following Order in exercise of the powers conferred by section 92(9) and (10) and 94(10) of, and Part 1 of Schedule 11 to, the Children Act 1989(1), and sections 57 and 65(2) of the Family Law Act 1996(2).

(1)

1989 c. 41. Section 92 is amended by paragraphs 203 and 205(1) to (3) of, and section 94(10) is amended by paragraphs 203 and 206(1) and (2) of, Schedule 4 to the Constitutional Reform Act 2005 (c. 4). Schedule 11 is amended by paragraphs 203 and 210 of Schedule 4 to the Constitutional Reform Act 2005, paragraphs 54 and 75 of Schedule 3 to the Adoption and Children Act 2002 (c. 38), section 45(3) to (5) of the Child Support Act 1991 (c. 48), and paragraph 10 of Schedule 8, and Part 9 of Schedule 9, to the Child Support, Pensions and Social Security Act 2000 (c. 19). Back [1]

(2)

1996 c. 27. Section 57 is amended by paragraphs 252 and 253 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4) and is modified by section 63M of the Family Law Act 1996 (inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 (c. 20)) so that it applies for the purposes of Part 4A of that Act (forced marriage). Back [2]

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