6. Sections 38 and 39 of the Matrimonial and Family Proceedings Act 1984(1) shall not apply to proceedings under Part IV.
7. A family proceedings court (“the transferring court”) shall (on application or of its own motion) transfer proceedings under Part IV to another family proceedings court (“the receiving court”) where—
(a)the transferring court considers that it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in the receiving court; and
(b)the receiving court, by its justices' clerk (as defined by rule 1(2) of the Family Proceedings Courts (Children Act 1989) Rules 1991(2)), consents to the transfer.
8.—(1) A family proceedings court may, on application or of its own motion, transfer proceedings under Part IV to a county court where it considers that—
(a)it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in that court; or
(b)the proceedings involve—
(i)a conflict with the law of another jurisdiction;
(ii)some novel and difficult point of law;
(iii)some question of general public interest; or
(c)the proceedings are exceptionally complex.
(2) A family proceedings court must transfer proceedings under Part IV to a county court where—
(a)a child under the age of eighteen is the respondent to the application or wishes to become a party to the proceedings; or
(b)a party to the proceedings is a person who, by reason of mental disorder within the meaning of the Mental Health Act 1983(3), is incapable of managing and administering his property and affairs.
(3) Except where transfer is ordered under paragraph (1)(a), the proceedings shall be transferred to the nearest county court.
9. A family proceedings court may, on application or of its own motion, transfer proceedings under Part IV to the High Court where it considers that it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in that Court.
10. A county court may, on application or of its own motion, transfer proceedings under Part IV to another county court where—
(a)it considers that it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in that court;
(b)the proceedings involve the determination of a question of a kind mentioned in section 59(1) and the property in question is situated in the district of another county court; or
(c)it seems necessary or expedient so to do.
11. A county court may, on application or of its own motion, transfer proceedings under Part IV to a family proceedings court where—
(a)it considers that it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in that court; or
(b)it considers that the criterion
(i)in article 8(1)(a) no longer applies because the proceedings with which the transferred proceedings were to be heard have been determined;
(ii)in article 8(1)(b) or (c) does not apply.
12. A county court may, on application or of its own motion, transfer proceedings under Part IV to the High Court where it considers that the proceedings are appropriate for determination in the High Court.
13. The High Court may, on application or of its own motion, transfer proceedings under Part IV to a family proceedings court where it considers that it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in that court.
14. The High Court may, on application or of its own motion, transfer proceedings under Part IV to a county court where it considers that—
(a)it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in that court;
(b)the proceedings are appropriate for determination in a county court; or
(c)it is appropriate for an application made by a child under the age of eighteen to be heard in a county court.
15. Where a person is brought before—
(a)a relevant judicial authority in accordance with section 47(7)(a), or
(b)a court by virtue of a warrant issued under section 47(9),
and the matter is not disposed of forthwith, the matter may be transferred to be disposed of by the relevant judicial authority or court which issued the warrant or, as the case may be, which attached the power of arrest under section 47(2) or (3), if different.
1984 c. 42; there are amendments to section 38 which are not relevant to this instrument.
S.I. 1991/1395.