Domestic Proceedings and Magistrates’ Courts Act 1978

29 Appeals. E+W

(1) Subject to section 27 of this Act, where a magistrates’ court makes or refuses to make, varies or refuses to vary, revokes or refuses to revoke an order (other than an interim maintenance order) under this Part of this Act, an appeal shall lie to the High Court.

(2) On an appeal under this section the High Court shall have power to make such orders as may be necessary to give effect to its determination of the appeal, including such incidental or consequential orders as appear to the court to be just, and, in the case of an appeal from a decision of a magistrates’ court made on an application for or in respect of an order for the making of periodical payments, the High Court shall have power to order that its determination of the appeal shall have effect from such date as the court thinks fit, not being earlier than the date of the making of the application to the magistrates’ court [F1 or, in a case where there was made to the magistrates’ court an application for an order under section 2 and an application under section 6 and the term of the periodical payments was or might have been ordered to begin on the date of the making of the application for an order under section 2, the date of the making of that application].

(3) Without prejudice to the generality of subsection (2) above, where, on an appeal under this section in respect of an order of a magistrates’ court requiring any person to make periodical payments, the High Court reduces the amount of those payments or discharges the order, the High Court shall have power to order the person entitled to payments under the order of the magistrates’ court to pay to the person liable to make payments under that order such sum in respect of payments already made in compliance with the order as the court thinks fit and, if any arrears are due under the order of the magistrates’ court, the High Court shall have power to remit the payment of those arrears or any part thereof.

[F2 (4) Where on an appeal under this section in respect of an interim custody order made by a magistrates’ court the High Court varies or revokes that order, the High Court shall have power to vary or revoke any interim maintenance order made in connection with that order by the magistrates’ court.]

(5) Any order of the High Court made on an appeal under this section (other than an order directing that an application shall be reheard by a magistrates’ court) shall for the purposes of the enforcement of the order and for the purposes of [F3 sections 14(3), 20 and 21][F3 section 20] of this Act be treated as if it were an order of the magistrates’ court from which the appeal was brought and not of the High Court.

Textual Amendments

F1 Words added by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 26

F2 S. 29(4) repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4))

F3 Words “section 20 ” substituted (prosp.) for words “sections 14(3), 20 and 21 ” by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 42 (with Sch. 14 para. 1(1))