Children Act 1989

94 Appeals. E+W

(1) [F1 Subject to any express provisions to the contrary made by or under this Act, an] appeal shall lie to [F2 a county court ] against—

(a) the making by a magistrates’ court of any order under this Act [F3 or the Adoption and Children Act 2002] ; or

(b) any refusal by a magistrates’ court to make such an order.

(2) Where a magistrates’ court has power, in relation to any proceedings under this Act [F3 or the Adoption and Children Act 2002] , to decline jurisdiction because it considers that the case can more conveniently be dealt with by another court, no appeal shall lie against any exercise by that magistrates’ court of that power.

(3) Subsection (1) does not apply in relation to an interim order for periodical payments made under Schedule 1.

(4) On an appeal under this section, [F2 a county court ] may make such orders as may be necessary to give effect to its determination of the appeal.

(5) Where an order is made under subsection (4) [F2 a county court ] may also make such incidental or consequential orders as appear to it to be just.

(6) Where an appeal from a magistrates’ court relates to an order for the making of periodical payments, [F2 a county court ] may order that its determination of the appeal shall have effect from such date as it thinks fit to specify in the order.

(7) The date so specified must not be earlier than the earliest date allowed in accordance with rules of court made for the purposes of this section.

(8) Where, on an appeal under this section in respect of an order requiring a person to make periodical payments, [F2 a county court ] reduces the amount of those payments or discharges the order—

(a) it may order the person entitled to the payments to pay to the person making them such sum in respect of payments already made as [F4 the county court] thinks fit; and

(b) if any arrears are due under the order for periodical payments, it may remit payment of the whole, or part, of those arrears.

(9) Any order of [F2 a county court ] made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes—

(a) of the enforcement of the order; and

(b) of any power to vary, revive or discharge orders,

be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of [F2 a county court ].

(10) The Lord Chancellor may [F5 , after consulting the Lord Chief Justice,] by order make provision as to the circumstances in which appeals may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under paragraph 2 of Schedule 11.

(11) Except to the extent provided for in any order made under subsection (10), no appeal may be made against any decision of a kind mentioned in that subsection.

[F6 (12) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (10).]

Textual Amendments

F1 Words in s. 94(1) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 23; S.I. 1991/1883, art. 3, Sch.

F2 Words in s. 94 substituted (6.4.2009) by The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871), art. 7(2) (with art. 16)

F3 Words in s. 94(1)(a)(2) inserted (30.12.2005) by 2002 c. 38, ss. 100, 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(h)

F4 Words in s. 94(8)(a) substituted (6.4.2009) by The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871), art. 7(3) (with art. 16)

F5 Words in s. 94(10) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 206(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

F6 S. 94(12) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 206(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

Modifications etc. (not altering text)

C1 S. 94 modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 6

Commencement Information

I1 S. 94 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)