Children Act 1989 (c. 41)

SCHEDULES

SCHEDULE 11 E+W Jurisdiction

Modifications etc. (not altering text)

C1 Sch. 11 applied (6.4.2007) by Childcare Act 2006 (c. 21), ss. 79(4), 109; S.I. 2007/1019, art. 4

C2 Sch. 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))

C3 Sch. 11 applied (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 43(4), 75; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

Part I E+W General

Modifications etc. (not altering text)

C4 Sch. 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)

C5 Sch. 11 Pt. I applied by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), ss. 30(8)(a), 39(3), 43(2)

General E+W

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 [F1 , 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.

[F2 (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

F1 Words 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)

F2 Sch. 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

I1 Sch. 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)