The Children (Allocation of Proceedings) (Amendment No. 2) Order 2007

This Statutory Instrument has been made in consequence of a defect in S.I. 2007/774 and is being issued free of charge to all known recipients of that Statutory Instrument

Statutory Instruments

2007 No. 1099 (L. 6 )

FAMILY PROCEEDINGS, ENGLAND AND WALES

The Children (Allocation of Proceedings) (Amendment No. 2) Order 2007

Made

29th March 2007

Laid before Parliament

30th March 2007

Coming into force

2nd April 2007

The Lord Chancellor after consulting the Lord Chief Justice makes the following Order in exercise of the powers conferred by Part I of Schedule 11 of the Children Act 1989(1):

1.  This Order may be cited as the Children (Allocation of Proceedings) (Amendment No. 2) Order 2007 and shall come into force on 2nd April 2007.

2.  The Children (Allocation of Proceedings) (Amendment) Order 2007(2) is revoked.

3.  The Children (Allocation of Proceedings) Order 1991(3) is amended in accordance with the following articles.

4.—(1) In the section headed “North and West Region” in Schedule 2 (care centres)—

(a) after the entry for the local justice area of Carlisle and District, insert—

“Chester, Ellesmere Port and Neston

Chester County Court”;

(b) after the entry for the local justice area of Fylde Coast, insert—

“Halton

Warrington County Court”;

(c) after the entry for the local justice area of Liverpool, insert—

“Macclesfield

Warrington County Court”;

(d) after the entry for the local justice area of St Helens, insert—

“South Cheshire

Stoke-on-Trent County Court”; and

(e) after the entry for the local justice area of Trafford, insert—

“Vale Royal	Chester County Court
Warrington	Warrington County Court”.

(2) In the section headed “Wales and Cheshire Region” in Schedule 2—

(a) omit “and Cheshire Region” from the heading “Wales and Cheshire Region”;

(b) omit the entries for the local justice areas of Chester, Ellesmere Port and Neston, Halton, Macclesfield, South Cheshire, Vale Royal and Warrington;

(c) in the entry for the local justice area of Montgomeryshire in column (ii), for “Chester County Court” substitute “Wrexham County Court”; and

(d) in the entry for the local justice area of Wrexham Maelor in column (ii), for “Rhyl County Court” substitute “Wrexham County Court”.

5.  In Schedule 3 (adoption centres), after “Worcester County Court”, insert “Wrexham County Court”.

6.  In Schedule 4 (intercountry adoption centres), after “Portsmouth County Court”, insert “Wrexham County Court”.

Falconer of Thoroton, C.

29th March 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order supersedes the Children (Allocation of Proceedings) (Amendment) Order 2007 (S.I. 2007/774) and correctly specifies the amendments to Schedules 2, 3 and 4 to the Children (Allocation of Proceedings) Order 1991 (S.I. 1991/1677) that will come into force on 2nd April 2007.

The Order amends Schedule 2 to the 1991 Order, which allocates care centres to local justice areas grouped according to region, Schedule 3 to that Order, which lists the county courts that are designated as adoption centres and Schedule 4 to that Order, which lists the county courts that are designated as intercountry adoption centres. The amendments make Wrexham County Court a care centre, an adoption centre and an intercountry adoption centre. Accordingly, where an application under Parts III, IV or V of the Children Act 1989 is to be transferred from a magistrates’ court in the Wrexham Maelor or Montgomeryshire Local Justice Areas to a county court, it will be transferred to Wrexham county court.

The Order also makes Wales a separate Region and moves some of the entries from the Wales Region to the North West Region.

(1)

1989 c.41; amended by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraphs 203 and 210 and the Adoption and Children Act 2002 (c.38), Schedule 3, paragraphs 54 and 75 and the Child Support Act 1991 (c.48), section 45 and the Child Support, Pensions and Social Security Act 2000 (c.19), Schedule 8, paragraph 10 and Schedule 9, Part IX.

(2)

S.I. 2007/774.

(3)

S.I. 1991/1677, relevant amending instruments are S.I. 2005/520, 2005/2797 and 2006/1541.