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

• Citation: S.I. 2011/1044
• Sections: 4

Section 1 Citation, commencement, interpretation and application

(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 .

(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 or section 77(1) of the County Courts Act 1984 ); and

(b) any requirement to obtain permission to appeal.

Section 2 Appeals to a judge of the High Court

(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 ;

(b) a civil partnership proceedings county court ;

(c) a family hearing centre ;

(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 .

Section 3 Appeals to a judge of a county court

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.).

Section 4 Revocation

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