The Children (Allocation of Proceedings) (Appeals) Order 1991

Made: 25th July 1991

Laid before Parliament: 12th August 1991

Coming into force: 14th October 1991

The Lord Chancellor, in exercise of the powers conferred on him by section 94(10) of the Children Act 1989[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Order:–

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Children (Allocation of Proceedings) (Appeals) Order 1991 and shall come into force on 14th October 1991.

• (2) In this Order–

• “district judge” includes an assistant district judge and a deputy district judge; and

• “circuit judge” means any person who is capable of sitting as a judge for a county court district and who is allocated to hear appeals permitted by this Order in accordance with directions given under section 9 of the Courts and Legal Services Act 1990[^f00002].

Appeals

2

Where a district judge orders the transfer of proceedings to a magistrates' court in accordance with article 11 of the Children (Allocation of Proceedings) Order 1991[^f00003] an appeal may be made against that decision–

• (a) to a judge of the Family Division of the High Court, or

• (b) except where the order was made by a district judge or deputy district judge of the principal registry of the Family Division, to a circuit judge.

Signed

Mackay of Clashfern, C. — 25th July 1991

Explanatory note

(This note is not part of the Order)

This Order provides for appeals against orders by district judges (including assistant district judges and deputy district judges) transferring proceedings to a magistrates' court in accordance with the Children (Allocation of Proceedings) Order 1991.

Footnotes

[^f00001]: 1989 c. 41.

[^f00002]: 1990 c. 41.

[^f00003]: S.I. 1991/1677.