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 applicationI1
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—
F1...
F2 “decision” means a judgment, order or direction of the High Court ...;
“family proceedings” has the meaning assigned to it by section 32 of the Matrimonial and Family Proceedings Act 1984 ( 2 ).
F3(3) This Order applies to a decision made in family proceedings in the High 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 CourtI2
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;
[F4 (aa)the Senior District Judge of the Family Division;F4]
(b)a district judge of the principal registry of the Family Division;
[F5 (c)the Chief Taxing Master;F5]
[F6 (cc)a Taxing Master of the Senior Courts; orF6]
(d)a person appointed to act as a deputy for any person holding an office referred to in [F7sub-paragraph (a), (b) or (cc)F7] or to act as a temporary additional officer in any such office.
F8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeals to a judge of a county court
F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RevocationI3
4. The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005(5) is revoked.
Signed by the authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Department
30th March 2011
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).
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).
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.