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Adoption and Children Act (Northern Ireland) 2022
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This version of this provision is prospective.
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Changes to legislation:
Adoption and Children Act (Northern Ireland) 2022, Section 104 is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 104:
- Act applied (with modifications) by S.I. 2018/412, Sch. 3 (as substituted) by 2022 c. 18 (N.I.) Sch. 3 para. 83
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2018/412, Sch. 3 (as substituted) by 2022 c. 18 (N.I.) Sch. 3 para. 83
Prospective
AppealsN.I.
This section has no associated Explanatory Notes
104.—(1) An appeal lies to the High Court against—
(a)the making by a county court of any order under this Act; or
(b)any refusal by a county court to make such an order,
as if the decision had been made in the exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 (original civil jurisdiction) and the appeal were brought under Article 60 of that Order (ordinary appeals in civil cases).
(2) On an appeal under subsection (1), the High Court may make such orders as may be necessary to give effect to its determination of the appeal.
(3) Where an order is made under subsection (2), the High Court may also make such incidental or consequential orders as appear to it to be just.
(4) Any order of the High Court made on an appeal under subsection (1) (other than one directing that an application be re-heard by the county court) is to be treated, for the purposes of—
(a)the enforcement of the order; and
(b)any power to vary, revive or discharge orders,
as if it were an order of the county court from which the appeal was brought and not an order of the High Court.
(5) Subsections (1) to (4) are subject to paragraphs (14) and (15) of Article 166 of the Children Order.
Commencement Information
I1S. 104 not in operation at Royal Assent, see s. 160(1)
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