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Children Act 1989
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- UK Public General Acts
- 1989 c. 41
- SCHEDULE 11
- Part I
- Transfer of proceedings
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Changes over time for: Cross Heading: Transfer of proceedings
Version Superseded: 01/04/2001
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Children Act 1989, Cross Heading: Transfer of proceedings is up to date with all changes known to be in force on or before 26 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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Transfer of proceedingsE+W
2(1)The Lord Chancellor may 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—
(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 the M1Adoption Act 1976;
[F1(bb)section 20 (appeals) or 27 (reference to court for declaration of parentage) 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)the Adoption Act 1976; 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 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
F1Sch. 11 para. 2(3)(bb) inserted (17.6.1992) by Child Support Act 1991 (c. 48, SIF 20), s. 45(5) (with saving in s. 9(2)); S.I. 1992/1431, art. 2, Sch.
Commencement Information
I1Sch. 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)
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