The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016
| Jurisdiction | UK Non-devolved |
| Citation | SI 2016/891 |
2016 No. 891 (L. 13)
Family Proceedings
Senior Courts Of England And Wales
Family Court, England And Wales
The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016
Made 5th 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.
In accordance with section 56(4) of that Act the Lord Chancellor 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 and commencement
1. This Order may be cited as the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016 and comes into force 28 days after the date on which it is made.
Amendments to the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014
2. After article 2 (appeals to the family court) of the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 20142insert—
“Appeals to the High Court
2A.—(1) Paragraph (3) applies to an appeal—
(a)
(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)
(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)
(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)
(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)
(c) if the appeal is from a decision or order made on appeal to the family court; or
(d)
(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) a Circuit judge; or
(b)
(b) a Recorder.
(4) Paragraph (3) has effect subject to any requirement to obtain permission to appeal.”.
Consequential amendment to the Family Procedure Rules 2010
3. In rule 30.3 (permission) of the Family Procedure Rules 20107, for paragraph (1) substitute—
“1 Paragraphs (1B) and (2) of this rule set out when permission to appeal is, or is not, required under these rules to appeal against a decision or order of the family court.
1A This rule does not apply where the route of appeal from a decision or order of the family court is to the Court of Appeal, namely where the appeal is against a decision or order made by a circuit judge or Recorder—
(a) in proceedings under—
(i) Part 4 of the 1989 Act (care and supervision);
(ii) Part 5 of the 1989 Act (protection of children);
(iii) paragraph 19(1) of Schedule 2...
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