Matrimonial and Family Proceedings Act 1984
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Change 1
31K Appeals
(1) Subject to any order made under section 56(1) of the Access to Justice Act 1999 (power to provide for appeals to be made instead to the High Court or county court, or to the family court itself), if any party to any proceedings in the family court is dissatisfied with the decision of the court, that party may appeal from it to the Court of Appeal in such manner and subject to such conditions as may be provided by Family Procedure Rules. (2) Subsection (1) does not— (a) confer any right of appeal from any decision where a right of appeal is conferred by some other enactment, or (b) take away any right of appeal from any decision where a right of appeal is so conferred, and has effect subject to any enactment other than this Part; and in this subsection “enactment” means an enactment whenever passed. (3) The Lord Chancellor may, after consulting the Lord Chief Justice, by order make provision as to the circumstances in which appeals may be made against decisions taken by courts or judges on questions arising in connection with the transfer, or proposed transfer, of proceedings from or to the family court. (4) Except to the extent provided for in any order made under subsection (3), no appeal may be made against any decision of a kind mentioned in that subsection. (5) At the hearing of any proceedings in the family court in which there is a right of appeal or from which an appeal may be brought with permission, the judge, if requested to do so by any party, is to make a note— (a) of any question of law raised at the hearing, (b) of the facts in evidence in relation to any such question, and (c) of the court's decision on any such question and of the court's determination of the proceedings. (6) Where such a note is made, and whether or not an appeal has been made, the court— (a) on the application of any party to the proceedings, and (b) on payment of the fee (if any) prescribed under section 92 of the Courts Act 2003, is to provide that party with a copy of the note signed by the judge, and the copy so signed is to be used at the hearing of any appeal. (7) Section 81 of the County Courts Act 1984 (powers of Court of Appeal on appeal from county court) applies to appeals from the family court to the Court of Appeal as it applies to appeals from the county court to the Court of Appeal. (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 functions of the Lord Chief Justice under subsection (3).
31K Appeals
(1) Subject to any order made under section 56(1) of the Access to Justice Act 1999 (power to provide for appeals to be made instead to the High Court or county court, or to the family court itself), if any party to any proceedings in the family court is dissatisfied with the decision of the court, that party may appeal from it to the Court of Appeal in such manner and subject to such conditions as may be provided by Family Procedure Rules. (2) Subsection (1) does not— (a) confer any right of appeal from any decision where a right of appeal is conferred by some other enactment, or (b) take away any right of appeal from any decision where a right of appeal is so conferred, and has effect subject to any enactment other than this Part; and in this subsection “enactment” means an enactment whenever passed. (3) The Lord Chancellor may, after consulting the Lord Chief Justice, by order make provision as to the circumstances in which appeals may be made against decisions taken by courts or judges on questions arising in connection with the transfer, or proposed transfer, of proceedings from or to the family court. (4) Except to the extent provided for in any order made under subsection (3), no appeal may be made against any decision of a kind mentioned in that subsection. (5) At the hearing of any proceedings in the family court in which there is a right of appeal or from which an appeal may be brought with permission, the judge, if requested to do so by any party, is to make a note— (a) of any question of law raised at the hearing, (b) of the facts in evidence in relation to any such question, and (c) of the court's decision on any such question and of the court's determination of the proceedings. (6) Where such a note is made, and whether or not an appeal has been made, the court— (a) on the application of any party to the proceedings, and (b) on payment of the fee (if any) prescribed under section 92 of the Courts Act 2003, is to provide that party with a copy of the note signed by the judge, and the copy so signed is to be used at the hearing of any appeal. (7) Section 81 of the County Courts Act 1984 (powers of Court of Appeal on appeal from county court) applies to appeals from the family court to the Court of Appeal as it applies to appeals from the county court to the Court of Appeal. (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 functions of the Lord Chief Justice under subsection (3).
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