Family Law Act 1996

[F1 Jurisdiction and procedure E+W

Annotations:

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Amendments (Textual)

F1 Pt. 4A inserted (25.11.2008 except in regard to the insertion of s. 63N) by Forced Marriage (Civil Protection) Act 2007 (c. 20), ss. 1, 4(2); S.I. 2008/2779, art. 2(a)

63M Jurisdiction of courts: Part 4A E+W

(1) For the purposes of this Part “the court” means the High Court or a county court.

(2) Subsection (1) is subject to any provision made by virtue of subsections (3) and (4).

(3) Section 57(3) to (12) (allocation of proceedings to courts etc.) apply for the purposes of this Part as they apply for the purposes of Part 4 but as if the following modification were made.

(4) The modification is that section 57(8) is to be read as if there were substituted for it—

“(8) For the purposes of subsections (3), (4) and (5), there are two levels of court—

(a) the High Court; and

(b) any county court.”

Prospective

63N Power to extend jurisdiction to magistrates' courts E+W

(1) The Lord Chancellor may, after consulting the Lord Chief Justice, by order provide for magistrates' courts to be included among the courts who may hear proceedings under this Part.

(2) An order under subsection (1) may, in particular, make any provision in relation to magistrates' courts which corresponds to provision made in relation to such courts by or under Part 4.

(3) Any power to make an order under this section (including that power as extended by section 65(2)) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under this Part or any other enactment.

(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise the Lord Chief Justice's functions under this section.

63O Contempt proceedings: Part 4A E+W

The powers of the court in relation to contempt of court arising out of a person's failure to comply with a forced marriage protection order or otherwise in connection with such an order may be exercised by the relevant judge.

63P Appeals: Part 4A E+W

(1) The Lord Chancellor may, after consulting the Lord Chief Justice, by order make provision as to the circumstances in which appeals may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of an order made under section 57(5) as applied by section 63M(3) and (4).

(2) Except so far as provided for in any order made under subsection (1), no appeal may be made against any decision of a kind mentioned in that subsection.

(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under this section.]