The Children (Allocation of Proceedings) (Amendment) Order 1994

Statutory Instruments

1994 No. 2164 (L. 12)

FAMILY LAW

The Children (Allocation of Proceedings) (Amendment) Order 1994

Made

11th August 1994

Laid before Parliament

24th August 1994

Coming into force

1st November 1994

The Lord Chancellor, in exercise of the powers conferred on him by Part I of Schedule 11 to the Children Act 1989(1), as applied by section 30(8) of the Human Fertilisation and Embryology Act 1990(2), hereby makes the following Order:—

1.  This Order may be cited as the Children (Allocation of Proceedings) (Amendment) Order 1994 and shall come into force on 1st November 1994.

2.  The Children (Allocation of Proceedings) Order 1991(3) shall be amended in accordance with the following provisions of this Order and, in those provisions, a reference to an article or schedule by number means the article or schedule so numbered in the said Order of 1991.

3.  In article 3, at the end of paragraph (1) there shall be inserted:

“(u) section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders in favour of gamete donors).”.

4.  In articles 6(2)(c), 10(2)(c), 12(2)(c) and 13(2)(c), for “(s) or (t)” there shall be substituted “(s), (t) or (u)”.

5.  In column (ii) of Schedule 2, for “Stoke-on-Trent County Court” where it appears opposite the entry in column (i) for the petty sessions area of Burton-upon-Trent, there shall be substituted “Derby County Court”.

Mackay of Clashfern, C.

Dated 11th August 1994

Explanatory Note

(This note is not part of the Order)

This Order extends the Children (Allocation of Proceedings) Order 1991 to proceedings under section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders in favour of gamete donors). The effect of the Order is to require such proceedings to be commenced in a magistrates' court and to provide for them to be transferred to other courts in certain circumstances. The Order also amends Schedule 2 to the 1991 Order to provide that proceedings arising in the Burton-upon-Trent petty sessions area which are to be transferred to a care centre shall be transferred to Derby County Court instead of Stoke-on-Trent County Court.

(1)

1989 c. 41; paragraphs 1 and 2 of Schedule 11 were amended by the Child Support Act 1991 (c. 48), section 45(3) to (5).

(2)

1990 c. 37.

(3)

S.I. 1991/1677, as amended by S.I. 1993/624.