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9.23.—(1) Where the designated officer for the court receives notice of any direction made in the High Court or a county court under section 28 of the 1978 Act(1) by virtue of which an order made by the court under that Act or the 2004 Act ceases to have effect, particulars of the direction must be entered in the court’s register.
(2) Where—
(a)in proceedings under the 1978 Act, the hearing of an application under section 2 of that Act(2) is adjourned after the court has decided that it is satisfied of any ground mentioned in section 1(3); or
(b)in proceedings under the 2004 Act, the hearing of an application under Part 1 of Schedule 6 to that Act is adjourned after the court has decided that it is satisfied of any ground mentioned in paragraph 1,
and the parties to the proceedings agree to the resumption of the hearing in accordance with section 31 of the 1978 Act by a court which includes justices who were not sitting when the hearing began, particulars of the agreement must be entered into the court’s register.
Section 28 was inserted with savings by section 66(1) of and paragraph 28(2) and (3) of Schedule 8 to the Family Law Act 1996 and subsection (2) was repealed by Schedule 10 to that Act.
Section 2 was amended by sections 15(1) and 146 of and paragraphs 96(1), (2) and (3) of Schedule 4 to and Part 2 of Schedule 18 to the Constitutional Reform Act 2005.
Section 1 was amended by section 46(1) of and paragraph (c) of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 and prospectively repealed with savings by sections 18(1) and 66(3) of and Schedule 10 to the Family Law Act 1996.
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