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The Children (Allocation of Proceedings) Order 1991
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Transfer from magistrates' court following refusal of magistrates' court to transfer
9.—(1) Where a magistrates' court refuses to transfer proceedings under article 7, a party to those proceedings may apply to the care centre listed in column (ii) of Schedule 2 to this Order against the entry in column (i) for the petty sessions area or London commission area in which the magistrates' court is situated for an order under paragraph (2).
(2) Upon hearing an application under paragraph (l) the court may transfer the proceedings to itself where, having regard to the principle set out in section 1(2) and the questions set out in article 7(1)(a) to (c), it considers it in the interests of the child to do so.
(3) Upon hearing an application under paragraph (l) the court may transfer the proceedings to the High Court where, having regard to the principle set out in section 1(2), it considers–
(a)that the proceedings are appropriate for determination in the High Court, and
(b)that such determination would be in the interests of the child.
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