Children Act 1989

92 Jurisdiction of courts. E+W

(1) The name “domestic proceedings”, given to certain proceedings in magistrates’ courts, is hereby changed to “family proceedings” and the names “domestic court” and “domestic court panel” are hereby changed to “family proceedings court” and “family panel”, respectively.

(2) Proceedings under this Act shall be treated as family proceedings in relation to magistrates’ courts.

(3) Subsection (2) is subject to the provisions of section 65(1) and (2) of the M1 Magistrates’ Courts Act 1980 (proceedings which may be treated as not being family proceedings), as amended by this Act.

(4) A magistrates’ court shall not be competent to entertain any application, or make any order, involving the administration or application of—

(a) any property belonging to or held in trust for a child; or

(b) the income of any such property.

(5) The powers of a magistrates’ court under section 63(2) of the Act of 1980 to suspend or rescind orders shall not apply in relation to any order made under this Act.

(6) Part I of Schedule 11 makes provision, including provision for the Lord Chancellor to make orders, with respect to the jurisdiction of courts and justices of the peace in relation to—

(a) proceedings under this Act; and

(b) proceedings under certain other enactments.

(7) For the purposes of this Act “the court” means the High Court, a county court or a magistrates’ court.

(8) Subsection (7) is subject to the provision made by or under Part I of Schedule 11 and to any express provision as to the jurisdiction of any court made by any other provision of this Act.

(9) The Lord Chancellor may [F1 , after consulting the Lord Chief Justice,]F1 by order make provision for the principal registry of the Family Division of the High Court to be treated as if it were a county court for such purposes of this Act, or of any provision made under this Act, as may be specified in the order.

(10) Any order under subsection (9) may make such provision as the Lord Chancellor thinks expedient [F2 , after consulting the Lord Chief Justice,]F2 for the purpose of applying (with or without modifications) provisions which apply in relation to the procedure in county courts to the principal registry when it acts as if it were a county court.

[F3 (10A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (9) or (10).]

F3 (11) Part II of Schedule 11 makes amendments consequential on this section.

Annotations:

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Amendments (Textual)

F1 Words in s. 92(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 205(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

F2 Words in s. 92(10) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 205(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

F3 S. 92(10A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 205(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

Modifications etc. (not altering text)

C1 S. 92(2) excluded (14.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 60(3); S.I. 1991/2208, art. 2(1), Sch. 1

C2 S. 92(7)–(10) applied by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), ss. 30(8)(9), 39(3), 43(2)

Commencement Information

I1 S. 92 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1980 c. 43.