The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016

• Citation: S.I. 2016/891
• Sections: 4

Section 1 Citation and commencement

This Order may be cited as the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016 and comes into force 28 days after the date on which it is made.

Section 2 Amendments to the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014

After article 2 (appeals to the family court) of the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014 insert—

Appeals to the High Court

(2A)

(1) Paragraph (3) applies to an appeal—

(a) under section 31K(1) of the 1984 Act (appeals from the family court in cases where no other right of appeal exists); or

(b) under section 13(2A) of the Administration of Justice Act 1960 (appeals in cases of contempt of court) from a decision or order of the family court.

(2) Paragraph (3) does not apply—

(a) if the appeal is from a decision or order in proceedings under—

(i) Part 4 or 5 of, or paragraph 19(1) of Schedule 2 to, the Children Act 1989 ; or

(ii) the Adoption and Children Act 2002 ;

(b) if the appeal is from a decision or order in exercise of the family court’s jurisdiction to punish for contempt of court, where that decision or order was made in, or in connection with, proceedings of a type referred to in sub-paragraph (a);

(c) if the appeal is from a decision or order made on appeal to the family court; or

(d) if the person who made the decision or order was, when making the decision or order, deployed in the family court otherwise than as the holder of an office referred to in paragraph (3).

(3) The appeal lies to the High Court (instead of to the Court of Appeal) if it is from a decision or order made by—

(a) a Circuit judge; or

(b) a Recorder.

(4) Paragraph (3) has effect subject to any requirement to obtain permission to appeal.

Section 3 Consequential amendment to the Family Procedure Rules 2010

In rule 30.3 (permission) of the Family Procedure Rules 2010 , for paragraph (1) substitute—

(1) Paragraphs (1B) and (2) of this rule set out when permission to appeal is, or is not, required under these rules to appeal against a decision or order of the family court.

(1A) This rule does not apply where the route of appeal from a decision or order of the family court is to the Court of Appeal, namely where the appeal is against a decision or order made by a circuit judge or Recorder—

(a) in proceedings under—

(i) Part 4 of the 1989 Act (care and supervision);

(ii) Part 5 of the 1989 Act (protection of children);

(iii) paragraph 19(1) of Schedule 2 to the 1989 Act (approval by the court of local authority arrangements to assist children to live abroad); or

(iv) the 2002 Act (adoption, placement etc. );

(b) in exercise of the family court’s jurisdiction in relation to contempt of court where that decision or order was made in, or in connection with, proceedings referred to in sub-paragraph (a); or

(c) where that decision or order was itself made on an appeal to the family court.

(Appeals in the cases referred to in this paragraph are outside the scope of these rules. The CPR make provision requiring permission to appeal in those cases.)

(1B) Permission to appeal is required under these rules—

(a) unless paragraph (2) applies, where the appeal is against a decision made by a circuit judge, Recorder, district judge or costs judge; or

(b) as provided by Practice Direction 30A.

Section 4 Saving provision

(1) Nothing in this Order applies to an appeal under section 31K of the Matrimonial and Family Proceedings Act 1984 or section 13(2A) of the Administration of Justice Act 1960 if the notice of appeal was filed before the date on which this Order comes into force.

(2) In this article, “notice of appeal” includes an application seeking permission to appeal.