§ ' .—(1) An appeal shall lie to the High Court against—
- (a) the making by a magistrates' court of any order under this Act; or
- (b) any refusal by a magistrates' court to make such an order.
§ (2) Where a magistrates' court has power, in relation to any proceedings under this Act, to decline jurisdiction because it considers that the case can more conveniently be dealt with by another court, no appeal shall lie against an', exercise by that magistrates' court of that power.
§ (3) Subsection (1) does not apply in relation to an interim order for periodical payments made under Schedule 1.
§ (4) On an appeal under this section, the High Court may make such orders as may be necessary to give effect to its determination of the appeal.
§ (5) Where an order is made under subsection (4) the High Court may also make such incidental or consequential orders as appear to it to be just.
§ (6) Where an appeal from a magistrates's court relates to an order for the making of periodical payments, the High Court may order that its determination of the appeal shall have effect from such date as it thinks fit to specify in the order.
§ (7) The date so specified must not be earlier than the earliest date allowed in accordance with rules of court made for the purposes of this section.
§ (8) Where, on an appeal under this section in respect of an order requiring a person to make periodical payments, the High Court reduces the amount of those payments or discharges the order—
- (a) it may order the person entitled to the payments to pay to the person making them such sum in respect of payments already made as the High Court thinks fit; and
- (b) if any arrears are due under the order for periodical payments, it may remit payment of the whole, or part, of those arrears.
§ (9) Any order of the High Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes—
- (a) of the enforcement of the order; and
- (b) of any power to vary, revive or discharge orders,
§ be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the High Court.
§ (10) The Lord Chancellor may by order make provision as to the circumstances in which appeals 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 (Jurisdiction).
§ (11) Except to the extent provided for in any order made under subsection (10), no appeal may be made against any decision of a kind mentioned in that subsection.'.—[The Solicitor-General.]
§ Brought up, and read the First time.
§ The Solicitor-GeneralI beg to move, That the clause be read a Second time.
§ Madam Deputy SpeakerWith this it will be convenient to discuss Government amendments Nos. 63 and 300.
§ The Solicitor-GeneralNew clause 20 relates to appeals and is couched mainly in terms of appeals from magistrates' courts. Subsection (1) of the new clause provides that appeals from magistrates' courts shall be to the High Court. That makes two important changes. At present appeals on the facts in care proceedings go from the magistrates court to the Crown courts. By changing the forum of the appeal, we will emphasise the civil nature of applications for care orders. Furthermore, an appeal on 597 the facts is not currently available to local authorities. The new clause will change that, putting all parties on an even footing with regard to appeals. Subsections (4) to (8) set out the powers of the High Court when hearing an appeal. Clearly, it must have power to make an order which reflects its conclusions after hearing the appeal, together with any consequential orders made necessary by its determination. Subsections (4) and (5) give the High Court those powers.
Subsection (9) makes clear that an order of the High Court made on appeal shall have the effect of an order made by the court appealed from. The obvious exception to that is an order for rehearing. The proposed new clause places limitations upon rights of appeal which are to be found in subsections (2), (3), (10) and (11).
Amendment No. 300 prohibits appeals from the making or refusal of an emergency order and any directions consequential upon such an order. Hon. Members will recall that the child and anyone who has parental responsibility for him or with whom he lives will be able to challenge emergency protection orders 72 hours after they have been made under clause 39(8) and (9). That will adequately safeguard the position of the child and those close to him. Given the short duration and emergency nature of the orders, no other provision is necessary. Indeed, a formal appeals procedure, with the added delay that that would necessarily involve, would be singularly inappropriate. The clauses are essential to the Bill which must deal with the question of appeals particularly from magistrates.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.