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Civil Partnership Act 2004

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This is the original version (as it was originally enacted).

Refusal of order in case more suitable for High Court

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8(1)If on hearing an application for an order under this Part a magistrates' court is of the opinion that any of the matters in question between the civil partners would be more conveniently dealt with by the High Court, the magistrates' court must refuse to make any order on the application.

(2)No appeal lies from a refusal under sub-paragraph (1).

(3)But, in any proceedings in the High Court relating to or comprising the same subject matter as an application in respect of which a magistrates' court has refused to make any order, the High Court may order the application to be reheard and determined by a magistrates' court acting for the same local justice area as the court which refused to make any order.

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