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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2005/20050520.html

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STATUTORY INSTRUMENTS

2005 No. 520

FAMILY PROCEEDINGS, ENGLAND AND WALES

The Children (Allocation of Proceedings) (Amendment) Order 2005

  Made 4th March 2005 
  Laid before Parliament 8th March 2005 
  Coming into force 1st April 2005 

The Lord Chancellor, in exercise of the powers conferred upon him by section 92(9) and (10) of, and Part I of Schedule 11 to, the Children Act 1989[1] hereby makes the following Order:

Citation, commencement, interpretation and application
     1.  - (1) This Order may be cited as the Children (Allocation of Proceedings) (Amendment)Order 2005 and shall come into force on 1st April 2005.

    (2) Any reference in this Order to an article or Schedule by number alone is a reference to the article or Schedule so numbered in the Children (Allocation of Proceedings) Order 1991[2].

Amendments to the Children (Allocation of Proceedings) Order 1991
     2. In article 1(2) - 

     3. In article 9(1) and article 18(3) for "petty sessions area or London commission area" substitute "local justice area".

     4. In Schedule 1 - 

     5. For Schedule 2 substitute - 






Signed by authority of the Lord Chancellor


Cathy Ashton
Parliamentary Under Secretary of State Department for Constitutional Affairs

4th March 2005


EXPLANATORY NOTE

(This note is not part of the Order)


It has been decided that Exeter County Court should become a Care Centre as defined in article 2 of the Children (Allocation of Proceedings) Order 1991 ("the 1991 Order"). A Care Centre is a county court designated for the purpose of hearing cases under Parts III, IV or V of the Children Act 1989. This Order effects this change and amends the 1991 Order to re-organise the transfer arrangements between magistrates' courts and Care Centres on the Western Circuit to reflect this change.

Amendments to the Order have also been made to replace references to "petty sessions areas" and "London commission area" with references to "local justice area" to reflect the changes to the organisation of the courts made by the Courts Act 2003 which are also being brought into force on 1st April 2005. References to circuits are changed to references to the new administrative regions which will be used after that date.

At the same time the opportunity has been taken to up-date the names of the petty sessions areas (local justice areas as they will become) in consequence of changes to their boundaries which have not previously been reflected in the 1991 Order.

Notes:

 [1] 1989 c. 41. Amended, so far as relevant, by the Child Support Act 1991 (c. 48), section 45; the Child Support, Pensions and Social Security Act 2000 (c. 19), paragraph 10 of Schedule 8 and Part IX of Schedule 9; and the Adoption and Children Act 2002 (c. 38), paragraphs 54 and 75 of Schedule 3.back

[2] S.I. 1991/1677. Amended, so far as relevant, by S.I.1993/624, 1994/3138, 1997/1897.back

[3] 2003 c. 39.back

[4] Camden and Islington local justice area together with City of London, City of Westminster, Greenwich and Lewisham, Hackney and Tower Hamlets, Hammersmith and Fulham and Kensington and Chelsea, Lambeth and Southwark and Wandsworth local justice areas share a family panel by virtue of the Family Proceedings Courts (Constitution)(Greater London) Rules 2003 (S.I. 2003/2960).back


ISBN 0 11 072407 0


 © Crown copyright 2005

Prepared 16 March 2005

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URL: http://www.bailii.org/uk/legis/num_reg/2005/20050520.html