(1)If at any stage in proceedings commenced in a county court or transferred to a county court under section 40, the High Court thinks it desirable that the proceedings, or any part of them, should be heard and determined in the High Court, it may order the transfer to the High court of the proceedings or, as the case may be, of that part of them.
(2)The power conferred by subsection (1) is without prejudice to section 29 of the [F1Senior Courts Act 1981](power of High Court to issue prerogative orders) [F2but shall be exercised in relation to family proceedings (within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984) in accordance with any directions given under section 37 of that Act (directions as to distribution and transfer of family business and proceedings).]
[F3(3)The power conferred by subsection (1) shall be exercised subject to any provision made–
(a)under section 1 of the Courts and Legal Services Act 1990; or
(b)by or under any other enactment.]
Textual Amendments
F1Words in s. 41(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(b)(d)
F2Words inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(1), Sch. 1 para. 30
F3S. 41(3) added (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 2(2); S.I. 1991/1364, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 41 restricted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A) ss. 289, 305(3)
C2S. 41(1) restricted by S.I. 1991/724, art. 7(5)