2014 No. 602 (L. 7)

Family Proceedings

Senior Courts Of England And Wales

Family Court, England And Wales

The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014

Made12th March 2014

Coming into force in accordance with rule 1

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 56(1) and (3) of the Access to Justice Act 19991.

In accordance with section 56(4) of that Act he has consulted as required.

In accordance with section 56(6) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014 and comes into force on the date on which section 17(3) of the Crime and Courts Act 20132 is brought fully into force.

(2)

In this Order—

“the 1984 Act” means the Matrimonial and Family Proceedings Act 19843;

“the 2007 Act” means the Tribunals, Courts and Enforcement Act 20074;

“the 2011 Order” means the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 20115;

“authorised court officer” has the meaning assigned to it by rule 44.1 of the Civil Procedure Rules 19986 as applied to family proceedings by rule 28.2(1) of the Family Procedure Rules 20107; and

“justice of the peace” means a justice of the peace who is not a District Judge (Magistrates’ Courts).

Appeals to the family court2.

(1)

Paragraph (3) applies to an appeal—

(a)

under section 31K(1) of the 1984 Act8 (appeals from the family court in cases where no other right of appeal exists); or

(b)

under section 13(2A) of the Administration of Justice Act 19609 (appeals in cases of contempt of court) from a decision or order of the family court.

(2)

Paragraph (3) does not apply if the person, or any of the persons, who made the decision or order was when making the decision or order deployed in the family court otherwise than as the holder of an office referred to in paragraph (3).

(3)

The appeal lies to the family court (instead of to the Court of Appeal) if it is from a decision or order made by—

(a)

the Senior District Judge of the Family Division;

(b)

a district judge of the Principal Registry of the Family Division;

(c)

the Chief Taxing Master;

(d)

a Taxing Master of the Senior Courts;

(e)

a person appointed to act as a deputy for any person holding an office referred to in paragraph (b) or (d), or to act as a temporary additional officer in any such office;

(f)

a district judge;

(g)

a deputy district judge appointed under section 102 of the Senior Courts Act 198110 or section 8 of the County Courts Act 198411;

(h)

a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal;

(i)

a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the 2007 Act;

(j)

a transferred-in judge of the Upper Tribunal (see section 31(2) of the 2007 Act);

(k)

a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 312 to, or section 31(2) of, the 2007 Act) ;

(l)

a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the 2007 Act13;

(m)

a transferred-in judge of the First-tier Tribunal (see section 31(2) of the 2007 Act);

(n)

a member of a panel of Employment Judges established for England and Wales or for Scotland14;

(o)

a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 195115 (assistants to the Judge Advocate General);

(p)

a District Judge (Magistrates’ Courts);

(q)

two or three justices of the peace;

(r)

a single justice of the peace;

(s)

F1a person nominated by the Lord Chancellor who is authorised to exercise functions under section 31O(1) of the Matrimonial and Family Proceedings Act 1984; or

(t)

an authorised court officer.

(4)

Paragraph (3) has effect subject to any requirement to obtain permission to appeal.

F2Appeals to the High Court2A.

(1)

Paragraph (3) applies to an appeal—

(a)

under section 31K(1) of the 1984 Act3 (appeals from the family court in cases where no other right of appeal exists); or

(b)

under section 13(2A) of the Administration of Justice Act 19604 (appeals in cases of contempt of court) from a decision or order of the family court.

(2)

Paragraph (3) does not apply—

(a)

if the appeal is from a decision or order in proceedings under—

(i)

Part 4 or 5 of, or paragraph 19(1) of Schedule 2 to, the Children Act 19895; or

(ii)

the Adoption and Children Act 20026;

(b)

if the appeal is from a decision or order in exercise of the family court’s jurisdiction to punish for contempt of court, where that decision or order was made in, or in connection with, proceedings of a type referred to in sub-paragraph (a);

(c)

if the appeal is from a decision or order made on appeal to the family court; or

(d)

if the person who made the decision or order was, when making the decision or order, deployed in the family court otherwise than as the holder of an office referred to in paragraph (3).

(3)

The appeal lies to the High Court (instead of to the Court of Appeal) if it is from a decision or order made by—

(a)

a Circuit judge; or

(b)

a Recorder.

(4)

Paragraph (3) has effect subject to any requirement to obtain permission to appeal.

The 2011 Order3.

(1)

The 2011 Order is amended in accordance with paragraphs (2) and (3) below.

(2)

In article 1—

(a)

in paragraph (2) omit the definition of “costs judge”; and

(b)

in paragraphs (2) and (3) omit “or a county court”.

(3)

In article 2(1)—

(a)

after paragraph (a), insert—

“(aa)
the Senior District Judge of the Family Division;”;

(b)

for paragraph (c) substitute—

“(c)
the Chief Taxing Master;”;

(c)

after paragraph (c), insert—

“(cc)
a Taxing Master of the Senior Courts; or”; and

(d)

in paragraph (d) for “sub-paragraphs (a) to (c)” substitute “sub-paragraph (a),(b) or (cc)”.

(4)

Articles 2(2) and 3 of the 2011 Order are revoked.

Signed by the authority of the Lord Chancellor

Simon Hughes

Minister of State

Ministry of Justice

12th March 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the routes of appeal from decisions of certain types of judges or other office holders sitting in the family court. The effect of the Order is that such appeals will be dealt with in the family court, in accordance with distribution of business rules made by the Lord Chief Justice under section 31D of the Matrimonial and Family Proceedings Act 1984 (c.42), instead of the Court of Appeal as provided by section 31K of the Matrimonial and Family Proceedings Act 1984 or (in so far as appeals against decisions of the family court relating to contempt of court are concerned) section 13(2A) of the Administration of Justice Act 1960 (c.65).

Article 3 revokes or amends provisions of the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011 (S.I. 2011/1044) in consequence of the establishment of the family court and brings the use of terminology in the 2011 Order in line with this Order.

An impact assessment for this Order is annexed to the Explanatory Memorandum, which is available alongside this Order at www.legislation.gov.uk.