Courts and Legal Services Act 1990

9 Allocation of family proceedings which are within the jurisdiction of county courts. E+W

(1) [F1 The President of the Family Division may, after consulting the Lord Chancellor,] give directions that, in such circumstances as may be specified—

(a) any family proceedings which are within the jurisdiction of county courts; or

(b) any specified description of such proceedings,

shall be allocated to specified judges or to specified descriptions of judge.

(2) Any such direction shall have effect regardless of any rules of court.

(3) Where any directions have been given under this section allocating any proceedings to specified judges, the validity of anything done by a judge in, or in relation to, the proceedings shall not be called into question by reason only of the fact that he was not a specified judge.

(4) For the purposes of subsection (1) “county court” includes the principal registry of the Family Division of the High Court in so far as it is treated as a county court.

(5) In this section—

• “family proceedings” has the same meaning as in the M1 Matrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of the M2 Children Act 1989;

• “judge” means any person who—

(a) is capable of sitting as a judge for a county court district;

(b) is a district judge, an assistant district judge or a deputy district judge; or

(c) is a district judge of the principal registry of the Family Division of the High Court; and

• “specified” means specified in the directions.

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Amendments (Textual)

F1 Words in s. 9(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 213; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

Marginal Citations

M1 1984 c. 42.

M2 1989 c. 41.