The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

Transfer of proceedings

2.—(1) Where—

(a) any proceedings are relevant proceedings within the meaning of section 93 of the 1989 Act(1), and

(b) the justices’ clerk or the court receives a request in writing from the resident party that the proceedings be transferred to another magistrates’ court,

the designated officer or the court must issue a certificate in the appropriate form, granting or refusing the request in accordance with any Order made by the Lord Chancellor under Part 1 of Schedule 11 to the 1989 Act(2).

(2) Where a request is granted under paragraph (1), the designated officer must send a copy of the certificate to—

(a) the resident party;

(b) the Ministry of Justice; and

(c) the magistrates’ court to which the proceedings are to be transferred.

(3) Any consent given or refused by a justices’ clerk in accordance with any Order made by the Lord Chancellor under Part 1of Schedule 11 to the 1989 Act must be recorded in writing by the justices’ clerk at the time it is given or refused or as soon as practicable afterwards.

(1)

Section 93 was amended by section 116 of and paragraph 22 of Schedule 16 to the Courts and Legal Services Act 1990 and section 122(2) of the Adoption and Children Act 2002.

(2)

Part 1 of Schedule 11 was amended by section 45 of the Child Support Act 1991 (c.48), sections 83(5) and 85 of and paragraph 10 of Schedule 8 to Part 9 of Schedule 9 to the Child Support, Pensions and Social Security Act 2000, section 139(1) of and paragraphs 54 and 75 of Schedule 3 to the Adoption and Children Act 2002 and section 15(1) of and paragraphs 203 and 210 of Part 1 of Schedule 4 to the Constitutional Reform Act 2005.