The Care Standards Act 2000 (Commencement No. 7 (England) and Transitional, Transitory and Savings Provisions) Order 2001

Appeals under this Order and Part XA during the first transitional period

24.—(1) This paragraph shall have effect throughout the first transitional period.

(2) An appeal against—

(a) the taking of any step mentioned in section 79L(1) or paragraph 10; or

(b) an order under section 79K of that Act or paragraph 14,

shall lie to the court(1)

(3) On an appeal, the court may—

(a) confirm the taking of the step or the making of the order or direct that it shall not have, or shall cease to have effect; and

(b) impose, vary or cancel any condition.

(4) The following provisions, namely

(a) sections 92 (jurisdiction of the courts), 93 (rules of court) and 94 (appeals) and Schedule 11 (jurisdiction);

(b) the Children (Allocation of Proceedings) Order 1991(2) (“the Order”);

(c) the Family Proceedings Courts (Children Act 1989) Rules 1991(3) (“the Rules”)

shall have effect in relation to proceedings under paragraph 14 and this paragraph as if—

(i) the paragraphs were provisions of the 1989 Act; and

(ii) Article 3(1)(m) of the Order referred to proceedings under the paragraphs; and

(iii) Rule 2(5)(a) referred to paragraph 14; and

(iv) for the purposes of the Rule 29, Schedule 1 and Schedule 2, references to section 77(6) were references to that section and to this paragraph.

(1)

By section 92 of the 1989 Act, which has effect in relation to paragraph 24 by virtue of paragraph 24(4), “the court” means the High Court a county court or a magistrates' court. The effect of the application of Article 3(1)(m) of the Children (Allocation of Proceedings) Order 1991 (S.I. 1991/1677) is to allocate proceedings under article 6 of the magistrates' court.

(2)

S.I. 1991/1677, to which there are no relevant amendments.

(3)

S.I. 1991.1395; relevant amending instruments are S.I. 1992/2068, 1994/3156 and 1997/1895.