The Access to Justice Act 1999 (Destination of Appeals) Order 2016

JurisdictionUK Non-devolved
CitationSI 2016/917

2016No. 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

Made12thSeptember2016

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 1999( 1), 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 1981( 2);

‘the 1984 Act’ means the County Courts Act 1984( 3);

‘the Companies Acts’ means the Companies Act 1985( 4), the Companies Act 1989( 5) and the Companies Act 2006( 6);

‘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 1998( 7);

‘family proceedings’ has the meaning assigned to it by section 32 of the Matrimonial and Family Proceedings Act 1984( 8); and ‘a judge of the county court’ has the meaning assigned to it by section 5 of the 1984 Act( 9).

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 person holding an office referred to in Part 2 of Schedule 2 to the 1981 Act( 10);

(b) a District Judge of the High Court; or

(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 63.7( 11) of the Civil Procedure Rules 1998, an appeal shall lie from a decision of a District Judge to an enterprise judge.

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