- Latest available (Revised)
- Point in Time (28/07/1997)
- Original (As enacted)
Version Superseded: 01/10/1997
Point in time view as at 28/07/1997. This version of this cross heading contains provisions that are not valid for this point in time.
Family Law Act 1996, Cross Heading: Jurisdiction and procedure etc. is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)For the purposes of this Part “the court” means the High Court, a county court or a magistrates’ court.
(2)Subsection (1) is subject to the provision made by or under the following provisions of this section, to section 59 and to any express provision as to the jurisdiction of any court made by any other provision of this Part.
(3)The Lord Chancellor may by order specify proceedings under this Part which may only be commenced in—
(a)a specified level of court;
(b)a court which falls within a specified class of court; or
(c)a particular court determined in accordance with, or specified in, the order.
(4)The Lord Chancellor may by order specify circumstances in which specified proceedings under this Part may only be commenced in—
(a)a specified level of court;
(b)a court which falls within a specified class of court; or
(c)a particular court determined in accordance with, or specified in, the order.
(5)The Lord Chancellor may by order provide that in specified circumstances the whole, or any specified part of any specified proceedings under this Part is to be transferred to—
(a)a specified level of court;
(b)a court which falls within a specified class of court; or
(c)a particular court determined in accordance with, or specified in, the order.
(6)An order under subsection (5) may provide for the transfer to be made at any stage, or specified stage, of the proceedings and whether or not the proceedings, or any part of them, have already been transferred.
(7)An order under subsection (5) may make such provision as the Lord Chancellor thinks appropriate for excluding specified proceedings from the operation of section 38 or 39 of the M1Matrimonial and Family Proceedings Act 1984 (transfer of family proceedings) or any other enactment which would otherwise govern the transfer of those proceedings, or any part of them.
(8)For the purposes of subsections (3), (4) and (5), there are three levels of court—
(a)the High Court;
(b)any county court; and
(c)any magistrates’ court.
(9)The Lord Chancellor may by order make provision for the principal registry of the Family Division of the High Court to be treated as if it were a county court for specified purposes of this Part, or of any provision made under this Part.
(10)Any order under subsection (9) may make such provision as the Lord Chancellor thinks expedient for the purpose of applying (with or without modifications) provisions which apply in relation to the procedure in county courts to the principal registry when it acts as if it were a county court.
(11)In this section “specified” means specified by an order under this section.
Marginal Citations
Valid from 01/10/1997
The powers of the court in relation to contempt of court arising out of a person’s failure to comply with an order under this Part may be exercised by the relevant judicial authority.
Valid from 01/10/1997
(1)A magistrates’ court shall not be competent to entertain any application, or make any order, involving any disputed question as to a party’s entitlement to occupy any property by virtue of a beneficial estate or interest or contract or by virtue of any enactment giving him the right to remain in occupation, unless it is unnecessary to determine the question in order to deal with the application or make the order.
(2)A magistrates’ court may decline jurisdiction in any proceedings under this Part if it considers that the case can more conveniently be dealt with by another court.
(3)The powers of a magistrates’ court under section 63(2) of the M2Magistrates’ Courts Act 1980 to suspend or rescind orders shall not apply in relation to any order made under this Part.
Marginal Citations
Prospective
(1)Rules of court may provide for a prescribed person, or any person in a prescribed category, ( “a representative”) to act on behalf of another in relation to proceedings to which this Part applies.
(2)Rules made under this section may, in particular, authorise a representative to apply for an occupation order or for a non-molestation order for which the person on whose behalf the representative is acting could have applied.
(3)Rules made under this section may prescribe—
(a)conditions to be satisfied before a representative may make an application to the court on behalf of another; and
(b)considerations to be taken into account by the court in determining whether, and if so how, to exercise any of its powers under this Part when a representative is acting on behalf of another.
(4)Any rules made under this section may be made so as to have effect for a specified period and may make consequential or transitional provision with respect to the expiry of the specified period.
(5)Any such rules may be replaced by further rules made under this section.
Valid from 01/10/1997
(1)An appeal shall lie to the High Court against—
(a)the making by a magistrates’ court of any order under this Part, or
(b)any refusal by a magistrates’ court to make such an order,
but no appeal shall lie against any exercise by a magistrates’ court of the power conferred by section 59(2).
(2)On an appeal under this section, the High Court may make such orders as may be necessary to give effect to its determination of the appeal.
(3)Where an order is made under subsection (2), the High Court may also make such incidental or consequential orders as appear to it to be just.
(4)Any order of the High Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes—
(a)of the enforcement of the order, and
(b)of any power to vary, revive or discharge orders,
be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of the High Court.
(5)The Lord Chancellor may by order make provision as to the circumstances in which appeals may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under section 57(5).
(6)Except to the extent provided for in any order made under subsection (5), no appeal may be made against any decision of a kind mentioned in that subsection.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: