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Change 1
As published
10 Appeals against parenting orders.
(1) An appeal shall lie—
(a) to the county court against the making of a parenting order by virtue of paragraph (a) of subsection (1) of section 8 above; and
(b) to the Crown Court against the making of a parenting order by virtue of paragraph (b) of that subsection.
(2) On an appeal under subsection (1) above the county court or the Crown Court—
(a) may make such orders as may be necessary to give effect to its determination of the appeal; and
(b) may also make such incidental or consequential orders as appear to it to be just.
(3) Any order of the county court or the Crown Court made on an appeal under subsection (1) above (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of subsections (5) to (7) of section 9 above, be treated as if it were an order of the court from which the appeal was brought and not an order of the county court or the Crown Court.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, by order make provision as to the circumstances in which appeals under subsection (1)(a) above may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under paragraph 2 of Schedule 11 (jurisdiction) to the Children Act 1989 (“the 1989 Act”).
(7) Except to the extent provided for in any order made under subsection (6) above, no appeal may be made against any decision of a kind mentioned in that subsection.
(8) 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 section.
Your change, as a redline
10 Appeals against parenting orders.
(1) An appeal shall lie—
(a) to the county court against the making of a parenting order by virtue of paragraph (a) of subsection (1) of section 8 above; and
(b) to the Crown Court against the making of a parenting order by virtue of paragraph (b) of that subsection.
(2) On an appeal under subsection (1) above the county court or the Crown Court—
(a) may make such orders as may be necessary to give effect to its determination of the appeal; and
(b) may also make such incidental or consequential orders as appear to it to be just.
(3) Any order of the county court or the Crown Court made on an appeal under subsection (1) above (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of subsections (5) to (7) of section 9 above, be treated as if it were an order of the court from which the appeal was brought and not an order of the county court or the Crown Court.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, by order make provision as to the circumstances in which appeals under subsection (1)(a) above may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under paragraph 2 of Schedule 11 (jurisdiction) to the Children Act 1989 (“the 1989 Act”).
(7) Except to the extent provided for in any order made under subsection (6) above, no appeal may be made against any decision of a kind mentioned in that subsection.
(8) 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 section.
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