Children Act 1989

Commencement of proceedings E+W

1 (1) The Lord Chancellor may [F1 , after consulting the Lord Chief Justice,] by order specify proceedings under this Act or [F2 the Adoption and Children Act 2002] which may only be commenced in— E+W

(a) a specified level of court;

(b) a court which falls within a specified class of court; or

(c) a particular court determined in accordance with, or specified in, the order.

(2) The Lord Chancellor may [F1 , after consulting the Lord Chief Justice,] by order specify circumstances in which specified proceedings under this Act or [F2 the Adoption and Children Act 2002] (which might otherwise be commenced elsewhere) may only be commenced in—

(a) a specified level of court;

(b) a court which falls within a specified class of court; or

(c) a particular court determined in accordance with, or specified in, the order.

[F3 (2A) Sub-paragraphs (1) and (2) shall also apply in relation to proceedings—

[F4 (a) under section 55A of the M1 Family Law Act 1986 (declarations of parentage); or]

(b) which are to be dealt with in accordance with an order made under section 45 [F5 of the M2 Child Support Act 1991] (jurisdiction of courts in certain proceedings under that Act)]

(3) The Lord Chancellor may [F1 , after consulting the Lord Chief Justice,] by order make provision by virtue of which, where specified proceedings with respect to a child under—

(a) this Act;

(b) [F2 the Adoption and Children Act 2002];

(bb) section 20 (appeals) F6 . . . of the Child Support Act 1991; or

(c) the High Court’s inherent jurisdiction with respect to children,

have been commenced in or transferred to any court (whether or not by virtue of an order under this Schedule), any other specified family proceedings which may affect, or are otherwise connected with, the child may, in specified circumstances, only be commenced in that court.

(4) A class of court specified in an order under this Schedule may be described by reference to a description of proceedings and may include different levels of court.

Annotations:

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Amendments (Textual)

F1 Words in Sch. 11 para. 1 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 210(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

F2 Words in Sch. 11 para. 1 substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 75 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F3 Sch. 11 para. 1(2A) inserted (17.6.1992) by Child Support Act 1991 (c. 48, SIF 20), s. 45(4) (with saving in s. 9(2)); S.I. 1992/1431, art. 2, Sch.

F4 Sch. 11 Pt. I para. 1(2A)(a) substituted (1.4.2001) by 2000 c. 19, s. 83(5), Sch. 8 para. 10(2)(a) (with s. 83(6)); S.I. 2001/774, art. 2(c)

F5 Words in Sch. 11 Pt. I para. 1(2A)(b) substituted (1.4.2001) by 2000 c. 19, s. 83(5), Sch. 8 para. 10(2)(b); S.I. 2001/774, art. 2(c)

F6 Words in Sch. 11 Pt. I para. 1(3)(bb) repealed (1.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774, art. 2(d)

Commencement Information

I1 Sch. 11 Pt. I para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1986 c. 55.

M2 1991 c. 48