Section 1: Allocation of business between High Court, family court and county court., Courts and Legal Services Act 1990

The Lord Chancellor may by order make provision—

conferring jurisdiction on the High Court in relation to proceedings in which the family court or the county court has jurisdiction;

conferring jurisdiction on the family court or the county court in relation to proceedings in which the High Court has jurisdiction;

allocating proceedings to the High Court or to the family court or to the county court ;

specifying proceedings which may be commenced only in the High Court;

specifying proceedings which may be commenced only in the family court,

specifying proceedings which may be commenced only in the county court;

specifying proceedings which may be taken only in the High Court;

specifying proceedings which may be taken only in the family court;

specifying proceedings which may be taken only in the county court.

An order under subsection (1)(a) or (b) may be made only with the concurrence of the Lord Chief Justice.

Without prejudice to the generality of section 120(2), any such order may differentiate between categories of proceedings by reference to such criteria as the Lord Chancellor sees fit to specify in the order.

The criteria so specified may, in particular, relate to—

the value of an action (as defined by the order);

the nature of the proceedings;

the parties to the proceedings;

any relationship between the proceedings and any other proceedings;

the degree of complexity likely to be involved in any aspect of the proceedings; and

the importance of any question likely to be raised by, or in the course of, the proceedings.

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Any such order may—

amend or repeal any provision falling within subsection (8) and relating to—

the jurisdiction, practice or procedure of the Senior Courts ; or

the jurisdiction, practice or procedure of the county court, or

the jurisdiction, practice or procedure of the family court,

so far as the Lord Chancellor considers it to be necessary, or expedient, in consequence of any provision made by the order; or

make such incidental or transitional provision as the Lord Chancellor considers necessary, or expedient, in consequence of any provision made by the order.

A provision falls within this subsection if it is made by any enactment other than this Act or made under any enactment.

Before making any such order the Lord Chancellor shall consult the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division, the Chancellor of the High Court and the Senior Presiding Judge (appointed under section 72).

No such order shall be made so as to confer jurisdiction on the family court or the county court to hear any application for judicial review.

For the purposes of this section the commencement of proceedings may include the making of any application in anticipation of any proceedings or in the course of any proceedings.

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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.

Section 1: Allocation of business between High Court, family court and county court.

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