(1)The Lord Chancellor may [F1, with the concurrence of the Lord Chief Justice,] by order designate any county court as a divorce county court and any court so designated shall have jurisdiction to hear and determine any matrimonial cause, except that it shall have jurisdiction to try such a cause only if it is also designated in the order as a court of trial.
In this Part of this Act “divorce county court” means a county court so designated.
(2)The jurisdiction conferred by this section on a divorce county court shall be exercisable throughout England and Wales, but rules of court may provide for a matrimonial cause pending in one such court to be heard and determined in another or partly in that and partly in another.
(3)Every matrimonial cause shall be commenced in a divorce county court and shall be heard and determined in that or another such court unless or except to the extent it is transferred to the High Court under section 39 below or section 41 of the M1County Courts Act 1984 (transfer to High Court by order of High Court).
(4)The Lord Chancellor may [F2, with the concurrence of the Lord Chief Justice,] by order designate a divorce county court as a court for the exercise of jurisdiction in matrimonial matters arising under Part III of this Act.
(5)The power to make an order under subsection (1) or (4) above shall be exercisable by statutory instrument.
[F3(6)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 this section.]
Textual Amendments
F1Words in s. 33(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 172(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
F2Words in s. 33(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 172(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
F3S. 33(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 172(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
Marginal Citations