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Allocation and Transfer of Proceedings Order 2008

SI 2008 No. 2836

This Order provides for the allocation and transfer of certain proceedings concerning children and proceedings under Part 4 and 4A of the Family Law Act 1996 between the High Court, county courts and magistrates’ courts.

Part 1 contains provisions for interpreting the Order, specifies classes of county courts and provides for the principal registry of the Family Division to be treated as a county court.

Part 2 specifies the proceedings, or circumstances in which proceedings, may be started in a particular level of court or specified class of court.

Part 3 sets out the circumstances in which proceedings may be transferred between levels of courts, class of court or particular court.

Part 4 provides for applications following refusal to order the transfer of proceedings from a magistrates’ court to a county court and for appeals against the transfer of proceedings to a magistrates’ court by a court.

Part 5 contains revocations, consequential amendments and transitional provisions.

Made: 30th October 2008
Laid before Parliament: 3rd November 2008
Coming into force in accordance with article 1

See also accompanying Practice Direction