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Matrimonial and Family Proceedings Act 1984
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Changes over time for: Section 39
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Matrimonial and Family Proceedings Act 1984, Section 39 is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 39:
- s. 38 39 power to excluded (prosp.) by 1996 c. 27 s. 57(7)
39 Transfer of family proceedings to High Court F1....E+W
(1)At any stage in any family proceedings in [F2the family court, the family court may,] if the proceedings are transferable under this section, either of its own motion or on the application of any party to the proceedings, order the transfer of the whole or any part of the proceedings to the High Court.
(2)The following family proceedings are transferable to the High Court under this section, namely—
[F3(a)all family proceedings commenced in the family court which are within the jurisdiction of the High Court, and
(b)all family proceedings transferred from the High Court under section 38 above.]
Textual Amendments
F1Words in s. 39 heading omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 93(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2Words in s. 39(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 93(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3S. 39(2)(a)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 93(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Modifications etc. (not altering text)
C1S. 39 excluded by S.I. 1991/1677, art.5.
C2S. 39: power to exclude conferred (28.7.1997) by 1996 c. 27, s. 57(7), S.I. 1997/1892, art. 2
C3S. 39 excluded (1.10.1997) by S.I. 1997/1896, art. 6
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