The Crime and Courts Act 2013 (Family Court: Transitional and Saving Provision) Order 2014

JurisdictionUK Non-devolved
CitationSI 2014/956

2014No. 956

FAMILY COURT, ENGLAND AND WALES

The Crime and Courts Act 2013 (Family Court: Transitional and Saving Provision) Order 2014

9thApril2014

22ndApril2014

The Lord Chancellor makes the following Order in exercise of the power conferred by section 60 of the Crime and Courts Act 2013( 1) (the "2013 Act").

Citation and commencement

1. This Order may be cited as the Crime and Courts Act 2013 (Family Court: Transitional and Saving Provision) Order 2014 and shall come into force on 22nd April 2014.

Interpretation

2. In this Order-

(a) "2011 Order" means the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011( 2);(b) "2014 Rules" means the Family Court (Composition and Distribution of Business) Rules 2014( 3);(c) "decision" means a judgment, order or direction;(d) "original court" means any court exercising transferred jurisdiction before the transfer day;(e) "transfer day" means 22nd April 2014;(f) "transferred jurisdiction" means any jurisdiction that is transferred to or conferred on the family court by virtue of the 2013 Act; and(g) "transferred proceedings" means proceedings which were issued before the transfer day in the original court under transferred jurisdiction.

Continuation of proceedings in the family court

3. (1) On and after the transfer day, transferred proceedings are continued in the family court as if they had been issued in that court.

(2) The family court may, in any transferred proceedings, make any direction or do any other act that it considers necessary to ensure the proceedings are dealt with fairly.

Composition, distribution of business and authorisations

4. (1) A court which was before the transfer day validly composed for transferred proceedings under rules of court or other legislation applicable to those proceedings shall remain validly composed for those transferred proceedings on and after the transfer day as if those rules or other legislation had remained in force, or were still applicable as the case may be.

(2) Any decision as to the allocation of transferred proceedings which was made in relation to those proceedings before the transfer day in accordance with rules of court or other legislation applicable to the allocation of transferred proceedings shall apply to the transferred proceedings as if those rules of court or other legislation remained in force.

(3) Where a judge of the family court was immediately before the transfer day authorised to conduct business in an original court, that authorisation will...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT