(1)The Lord Chancellor may, with the concurrence of the President of the Family Division, give directions that, in such circumstances as may be specified—
(a)any family proceedings which are within the jurisdiction of county courts; or
(b)any specified description of such proceedings,
shall be allocated to specified judges or to specified descriptions of judge.
(2)Any such direction shall have effect regardless of any rules of court.
(3)Where any directions have been given under this section allocating any proceedings to specified judges, the validity of anything done by a judge in, or in relation to, the proceedings shall not be called into question by reason only of the fact that he was not a specified judge.
(4)For the purposes of subsection (1) “county court” includes the principal registry of the Family Division of the High Court in so far as it is treated as a county court.
(5)In this section—
“family proceedings” has the same meaning as in the M1Matrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of the M2Children Act 1989;
“judge” means any person who—
(a)is capable of sitting as a judge for a county court district;
(b)is a district judge, an assistant district judge or a deputy district judge; or
(c)is a district judge of the principal registry of the Family Division of the High Court; and
“specified” means specified in the directions.
[F1(1)In subsection(2) “family proceedings” means proceedings under Part I of the Domestic Proceedings Magistrates’ Courts Act 1978.]
(2)[F2Rules made under section 144 of the M3Magistrates’ Courts Act 1980] may make, in relation to any family proceedings, any provision which—
(a)falls within subsection (2) of section 93 of the M4Children Act 1989 (rules of court); and
(b)may be made in relation to relevant proceedings under section 93 of the Act of 1989.
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 10(1) substituted (14.10.1991) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1), Sch. 2 para. 11(1); S.I. 1991/2042, art. 2(a)(b)
F2Words in s. 10(2) substituted (14.10.1991) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1), Sch. 2 para. 11(2); S.I. 1991/2042, art. 2(a)(b)
F3S. 10(3)-(5) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. II; S.I. 1995/685, art. 1(2)
Commencement Information
I1S. 10 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
Marginal Citations
M31980 C. 43.