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Children Act 1989,
SCHEDULE 11 is up to date with all changes known to be in force on or before 17 August 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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Section 92.
Modifications etc. (not altering text)
C1Sch. 11 applied (6.4.2007) by Childcare Act 2006 (c. 21), ss. 79(4), 109; S.I. 2007/1019, art. 4
C2Sch. 11 applied by Childcare Act 2006 (c. 21), s. 98F(5) (as inserted (12.1.2010) by 2009 c. 22, ss. 199, 269(2)(b))
Modifications etc. (not altering text)
C4Sch. 11 Pt. I applied (1.8.1991) by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), ss. 39(3), 43(2); S.I. 1991/1400, art. 2(2)
Sch. 11 Pt. I applied (1.1.1994) by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), s. 30(8)(a); S.I. 1994/1776, art. 2(1)
1(1)The Lord Chancellor may [F1, after consulting the Lord Chief Justice,] by order specify proceedings under this Act or [F2the Adoption and Children Act 2002] which may only be commenced in—E+W
(a)a specified level of court;
(b)a court which falls within a specified class of court; or
(c)a particular court determined in accordance with, or specified in, the order.
(2)The Lord Chancellor may [F1, after consulting the Lord Chief Justice,] by order specify circumstances in which specified proceedings under this Act or [F2the Adoption and Children Act 2002] (which might otherwise be commenced elsewhere) may only be commenced in—
(a)a specified level of court;
(b)a court which falls within a specified class of court; or
(c)a particular court determined in accordance with, or specified in, the order.
[F3(2A)Sub-paragraphs (1) and (2) shall also apply in relation to proceedings—
[F4(a)under section 55A of the M1Family Law Act 1986 (declarations of parentage); or]]
(b)which are to be dealt with in accordance with an order made under section 45 [F5 of the M2Child Support Act 1991] (jurisdiction of courts in certain proceedings under that Act)
(3)The Lord Chancellor may [F1, after consulting the Lord Chief Justice,] by order make provision by virtue of which, where specified proceedings with respect to a child under—
(a)this Act;
(b)[F2the Adoption and Children Act 2002];
(bb)section 20 (appeals) F6. . . of the Child Support Act 1991; or
(c)the High Court’s inherent jurisdiction with respect to children,
have been commenced in or transferred to any court (whether or not by virtue of an order under this Schedule), any other specified family proceedings which may affect, or are otherwise connected with, the child may, in specified circumstances, only be commenced in that court.
(4)A class of court specified in an order under this Schedule may be described by reference to a description of proceedings and may include different levels of court.
Textual Amendments
F1Words in Sch. 11 para. 1 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 210(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
F2Words in Sch. 11 para. 1 substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 75 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F3Sch. 11 para. 1(2A) inserted (17.6.1992) by Child Support Act 1991 (c. 48, SIF 20), s. 45(4) (with saving in s. 9(2)); S.I. 1992/1431, art. 2, Sch.
F4Sch. 11 Pt. I para. 1(2A)(a) substituted (1.4.2001) by 2000 c. 19, s. 83(5), Sch. 8 para. 10(2)(a) (with s. 83(6)); S.I. 2001/774, art. 2(c)
F5Words in Sch. 11 Pt. I para. 1(2A)(b) substituted (1.4.2001) by 2000 c. 19, s. 83(5), Sch. 8 para. 10(2)(b); S.I. 2001/774, art. 2(c)
F6Words in Sch. 11 Pt. I para. 1(3)(bb) repealed (1.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774, art. 2(d)
Commencement Information
I1Sch. 11 Pt. I para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Marginal Citations
2(1)The Lord Chancellor may [F7, after consulting the Lord Chief Justice,] by order provide that in specified circumstances the whole, or any specified part of, specified proceedings to which this paragraph applies shall be transferred to—E+W
(a)a specified level of court;
(b)a court which falls within a specified class of court; or
(c)a particular court determined in accordance with, or specified in, the order.
(2)Any order under this paragraph may provide for the transfer to be made at any stage, or specified stage, of the proceedings and whether or not the proceedings, or any part of them, have already been transferred.
(3)The proceedings to which this paragraph applies are—
(a)any proceedings under this Act;
(b)any proceedings under [F8the Adoption and Children Act 2002];
[F9(ba)any proceedings under section 55A of the M3Family Law Act 1986]
(bb)[F10any proceedings under] section 20 (appeals) F11. . . of the Child Support Act 1991;
(c)any other proceedings which—
(i)are family proceedings for the purposes of this Act, other than proceedings under the inherent jurisdiction of the High Court; and
(ii)may affect, or are otherwise connected with, the child concerned.
(4)Proceedings to which this paragraph applies by virtue of sub-paragraph (3)(c) may only be transferred in accordance with the provisions of an order made under this paragraph for the purpose of consolidating them with proceedings under—
(a)this Act;
(b)[F8the Adoption and Children Act 2002]; or
(c)the High Court’s inherent jurisdiction with respect to children.
(5)An order under this paragraph may make such provision as the Lord Chancellor thinks appropriate [F12, after consulting the Lord Chief Justice,] for excluding proceedings to which this paragraph applies from the operation of any enactment which would otherwise govern the transfer of those proceedings, or any part of them.
Textual Amendments
F7Words in Sch. 11 para. 2(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4). s. 15(1), {Sch. 4 para. 210(3)(a)}; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
F8Words in Sch. 11 para. 2 substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 75 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F9Sch. 11 Pt. I para. 2(3)(ba) inserted (1.4.2001) by 2000 c. 19, s. 83(5), Sch. 8 para. 10(3)(a) (with s. 83(6)); S.I. 2001/774, art. 2(c)
F10Words in Sch. 11 Pt. I para. 2(3)(bb) inserted (1.4.2001) by 2000 c. 19, s. 83(5), Sch. 8 para. 10(3)(b) (with s. 83(6)); S.I. 2001/774, art. 2(c)
F11Words in Sch. 11 Pt. I para. 2(3)(bb) repealed (1.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774, art. 2(d)
F12Words in Sch. 11 para. 2(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 210(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
Commencement Information
I2Sch. 11 Pt. I para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Marginal Citations
3(1)In such circumstances as the Lord Chancellor may [F13, after consulting the Lord Chief Justice,] by order specify—E+W
(a)the jurisdiction of a magistrates’ court to make an emergency protection order;
(b)any specified question with respect to the transfer of specified proceedings to or from a magistrates’ court in accordance with the provisions of an order under paragraph 2,
may be exercised by a single justice.
(2)Any provision made under this paragraph shall be without prejudice to any other enactment or rule of law relating to the functions which may be performed by a single justice of the peace.
Textual Amendments
F13Words in Sch. 11 para. 3(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 210(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
Commencement Information
I3Sch. 11 Pt. I para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
4(1)For the purposes of this Schedule—E+W
(a)the commencement of proceedings under this Act includes the making of any application under this Act in the course of proceedings (whether or not those proceedings are proceedings under this Act); and
(b)there are three levels of court, that is to say the High Court, any county court and any magistrates’ court.
(2)In this Schedule “specified” means specified by an order made under this Schedule.
(3)Any order under paragraph 1 may make provision as to the effect of commencing proceedings in contravention of any of the provisions of the order.
(4)An order under paragraph 2 may make provision as to the effect of a failure to comply with any of the provisions of the order.
(5)An order under this Schedule may—
(a)make such consequential, incidental or transitional provision as the Lord Chancellor considers expedient [F14, after consulting the Lord Chief Justice,] , including provision amending any other enactment so far as it concerns the jurisdiction of any court or justice of the peace;
(b)make provision for treating proceedings which are—
(i)in part proceedings of a kind mentioned in paragraph (a) or (b) of paragraph 2(3); and
(ii)in part proceedings of a kind mentioned in paragraph (c) of paragraph 2(3),
as consisting entirely of proceedings of one or other of those kinds, for the purposes of the application of any order made under paragraph 2.
[F15(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 Part of this Schedule.]
Textual Amendments
F14Words in Sch. 11 para. 4(5)(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 210(5)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
F15Sch. 11 para. 4(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 210(5)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
Commencement Information
I4Sch. 11 Pt. I para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
5E+WIn section 38 of the Administration of Justice Act 1964 (interpretation), the definition of “domestic court", which is spent, shall be omitted.
Commencement Information
I5Sch. 11 Pt. II para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
6E+WIn the Domestic Proceedings and Magistrates’ Courts Act 1978—
(a)for the words “domestic proceedings", whereverever they occur in [F16section] 88(1), there shall be substituted “family proceedings";
(b)for the words “domestic court panel", wherever they occur in section 16(5)(b), there shall be substituted “family panel".
Textual Amendments
F16Word in Sch. 11 para. 6(a) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 60(2)(with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)
Commencement Information
I6Sch. 11 Pt. II para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
F177E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Sch. 11 Pt. II para. 7 repealed (19.6.1997) by 1997 c. 25, ss. 73(1)(3), 74(1), Sch. 4 Pt. II, para. 7(2)(f)(ii), Sch. 6, Pt.I
8E+WIn the Magistrates’ Courts Act 1980—
(a)in section 65(1) (meaning of family proceedings), the following paragraph shall be inserted after paragraph (m)—
“(n)the Children Act 1989”;
(b)in section 65(2)(a) for the words “and (m)" there shall be substituted “ (m) and (n) ”;
(c)for the words “domestic proceedings", wherever they occur in sections 65(1), (2) and (3), F18. . ., 67(1), (2) and (7), 69(1), (2), (3) and (4), 70(2) and (3), 71(1) and (2), 72(1), 73, 74(1), 121(8) and 150(1), there shall be substituted “ family proceedings ”;
(d)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Words in Sch. 11 para. 8(c) repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. V(3) (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 2000/1920, art. 3(c)
F19Sch. 11 para. 8(d)-(g) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 109(3), Sch. 10; S.I. 2005/910, art. 3(aa)
F20Sch. 11 para. 8(d)-(g) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 109(3), Sch. 10; S.I. 2005/910, art. 3(aa)
F21Sch. 11 para. 8(d)-(g) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 109(3), Sch. 10; S.I. 2005/910, art. 3(aa)
F22Sch. 11 para. 8(d)-(g) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 109(3), Sch. 10; S.I. 2005/910, art. 3(aa)
Commencement Information
I7Sch. 11 Pt. II para. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Textual Amendments
F23Sch. 11 para. 9 cross-heading: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
9E+WIn paragraph 3 of Schedule 1 to the [F24Senior Courts Act 1981] (distribution of business to the Family Division of the High Court), the following sub-paragraph shall be added at the end—
“(e)proceedings under the Children Act 1989”.
Textual Amendments
F24Sch. 11 para. 9: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
Commencement Information
I8Sch. 11 Pt. II para. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
10E+WIn section 44 of the Matrimonial and Family Proceedings Act 1984 (domestic proceedings in magistrates’ courts to include applications to alter maintenance agreements) for the words “domestic proceedings", wherever they occur, there shall be substituted “ family proceedings" ”.
Commencement Information
I9Sch. 11 Pt. II para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828 art. 3(2))
11(1)In section 281(5)(b) of the Insolvency Act 1986 (discharge not to release bankrupt from bankruptcy debt arising under any order made in family proceedings or in domestic proceedings), the words “or in domestic proceedings” shall be omitted.E+W
(2)In section 281(8) of that Act (interpretation), for the definitions of “domestic proceedings" and “family proceedings" there shall be substituted—
“family proceedings” means—
(a)family proceedings within the meaning of the Magistrates’ Courts Act 1980 and any proceedings which would be such proceedings but for section 65(1)(ii) of that Act (proceedings for variation of order for periodical payments); and
(b)family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.
Commencement Information
I10Sch. 11 Pt. II para. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
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