The Access to Justice Act 1999 (Destination of Appeals) Order 2016
| Year | 2016 |
2016 No. 917 (L. 15)
Senior Courts Of England And Wales
County Court, England And Wales
The Access to Justice Act 1999 (Destination of Appeals) Order 2016
Made 12th September 2016
Coming into force in accordance with article 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, after consulting in accordance with section 56(4) of that Act.
A draft of this Order has been laid before Parliament in accordance with section 56(6) of the Access to Justice Act 1999, and has been approved by a resolution of each House of Parliament.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Access to Justice Act 1999 (Destination of Appeals) Order 2016.
(2) This Order comes into force on the twenty-first day after the day on which it is made.
2. In this Order—
“the 1981 Act” means the Senior Courts Act 19812;
“the 1984 Act” means the County Courts Act 19843;
“the Companies Acts” means the Companies Act 19854, the Companies Act 19895and the Companies Act 20066;
“decision” includes any judgment, order or direction of the High Court or the county court;
“enterprise judge” has the meaning assigned to it by rule 63.1(2)(h) of the Civil Procedure Rules 19987;
“family proceedings” has the meaning assigned to it by section 32 of the Matrimonial and Family Proceedings Act 19848; and
“a judge of the county court” has the meaning assigned to it by section 5 of the 1984 Act9.
3. Articles 4 to 6 and 8—
(a) do not apply to an appeal in family proceedings; and
(b) are subject to—
(i) any enactment that provides a different route of appeal; and
(ii) any requirement to obtain permission to appeal.
Appeals to the High Court
4.—(1) Subject to paragraph (2), an appeal shall lie to a judge of the High Court where the decision to be appealed is made by—
(a)
(a) a person holding an office referred to in Part 2 of Schedule 2 to the 1981 Act10;
(b)
(b) a District Judge of the High Court; or
(c)
(c) a person appointed to act as a deputy for any person holding an office referred to in subparagraph (a) or (b) or to act as a temporary additional officer in any such office.
(2) In proceedings which have been allocated to the small claims track of the Intellectual Property Enterprise Court pursuant to rule 63.711of the Civil Procedure Rules 1998, an appeal shall lie from a decision of a District Judge to an enterprise judge.
Appeals from the county court
5.—(1) Subject to paragraphs (2) to (4) and article 6, an appeal shall lie from a decision of the county court to the High Court, if the decision is made by—
(a)
(a) a judge of the county court specified in section 5(1)(a) of the 1984 Act;
(b)
(b) a deputy appointed pursuant to section 24 of the Courts Act 197112; or
(c)
(c) a judge of the county court specified in—
(i) section 5(2)(a) to (l); or
(ii) section 5(2)(n) to (q),
of the 1984 Act.
(2) Paragraph (1)(c)(ii) shall not apply if the decision is made by a judge of the county court who is also a judge of the county court specified in section 5(1)(b) or (2)(m) or (r) of the 1984 Act.
(3) Subject to paragraph (4), an appeal shall lie to a judge of the county court specified in paragraph (1) if—
(a)
(a) that judge is sitting as a judge of the county court; and
(b)
(b) the decision to be appealed is made by a judge of the county court specified in section 5(1)(b) or (2)(m) or (r) to (v) of the 1984 Act.
(4) In proceedings brought pursuant to the Companies Acts, an appeal from a decision of a judge of the county court specified in section 5(1)(b) or (2)(m) or (r) to (v) of the 1984 Act shall lie to the High Court.
Appeals where decision was itself made on appeal
6. Where—
(a) an appeal is made to the county court or the High Court (other than from the decision of an officer authorised to assess costs by the Lord Chancellor); and
(b) on hearing the appeal the court makes a decision,
an appeal shall lie from that decision to the Court of Appeal and not to any other court.
Revocation
7. The Access to Justice Act 1999 (Destination of Appeals) Order 200013is...
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