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The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009

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Amendment of the Domestic Proceedings and Magistrates’ Courts Act 1978

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3.  (1)  The Domestic Proceedings and Magistrates’ Courts Act 1978(1) is amended as follows.

(2) In section 19 (2) (Interim orders)—

(a)in subsection (1)(a) omit “and”;

(b)for subsection (1)(b) substitute—

(b)the High Court on ordering the application to be reheard by a magistrates’ court after the refusal of an order under section 27 of this Act, and

(c)a county court on ordering the application to be reheard by a magistrates’ court on an appeal under section 29 of this Act,;

(c)in subsection (3) for “the High Court” substitute “a county court ”;

(d)in subsection (6) after “the High Court” insert “or a county court ” ;

(e)in subsection (9) after “the High Court”, in both places where it occurs, insert “or a county court ”.

(3) In section 29 (3) (Appeals) for “the High Court” wherever it occurs substitute “a county court ”.

(2)

Section 19 was amended by the Children Act 1989 (c.41), section 108(5), Schedule 13, paragraph 37 and section 108(7), Schedule 15; by the Matrimonial and Family Proceedings Act 1984 (c.42), section 46(1), Schedule 1, paragraph 24 and by S.I. 1993/623.

(3)

Section 29 was amended by the Matrimonial and Family Proceedings Act 1984 (c.42), section 46(1), Schedule 1, paragraph 26 and by the Children Act 1989 (c.41), section 108(5), Schedule 13, paragraph 42 and section 108(7), Schedule 15.

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