Family Justice Act 2014 · 2020 Revised Edition · Part 5 · Miscellaneous Provisions
47. Saving and transitional provisions
Feedback & supportDespite sections 4, 22, 23 and 24, any family proceedings (not being probate proceedings) commenced in the High Court before 1 October 2014 are, on and after that date, to be continued in and dealt with by the High Court as if those sections had not been enacted.
family proceedings
“family proceedings” means —(a)any civil proceedings under section 53 of the Administration of Muslim Law Act 1966;(b)any civil proceedings under the Adoption of Children Act 1939;(c)any civil proceedings under the Guardianship of Infants Act 1934;(d)any civil proceedings under the Inheritance (Family Provision) Act 1966;(e)any civil proceedings under the International Child Abduction Act 2010;(f)any civil proceedings for the distribution of an intestate estate in accordance with the Intestate Succession Act 1967;(g)any civil proceedings under the Legitimacy Act 1934;(h)any civil proceedings under section 10 of the Maintenance of Parents Act 1995;(i) (j)any civil proceedings under the Maintenance Orders (Reciprocal Enforcement) Act 1975;(k)any civil proceedings under the Mental Capacity Act 2008;(l)any civil proceedings under the Mental Health (Care and Treatment) Act 2008;(m)any civil proceedings under the Status of Children (Assisted Reproduction Technology) Act 2013;(n)any civil proceedings under section 17A(2) of the Supreme Court of Judicature Act 1969;(o)any civil proceedings under the Voluntary Sterilisation Act 1974;(oa)any civil or quasi‑criminal proceedings under the Vulnerable Adults Act 2018;(p)any civil or quasi-criminal proceedings under the Women’s Charter 1961;(q)on or after 1 January 2015, any civil proceedings under the Probate and Administration Act 1934; and(r)on or after 1 December 2016, any civil proceedings under the Wills Act 1838;
Despite sections 4 and 22, any contentious probate proceedings commenced in the High Court before 1 January 2015 are, on and after that date, to be continued in and dealt with by the High Court as if those sections had not been enacted.
Any non-contentious probate proceedings commenced in the High Court before 1 January 2015 are, on and after that date, to be continued in and dealt with by the Family Division of the High Court.
Any family proceedings (not being probate proceedings) commenced in a District Court or Magistrate’s Court before 1 October 2014 are, on and after that date, to be continued in and dealt with by a Family Court.
Magistrate
“Magistrate” means a Magistrate appointed under section 10(1) of the State Courts Act 1970;
Despite amendments made to the Probate and Administration Act 1934 and State Courts Act 1970 on 1 January 2015, any contentious probate proceedings commenced in a District Court before that date are, on and after that date, to be continued in and dealt with by a District Court.
The following provisions continue to apply to any contentious probate proceedings commenced in a District Court before 1 January 2015 as if the Probate and Administration Act 1934 and State Courts Act 1970 had not been amended on that date:
sections 2 (definitions of “court” and “judge”), 31, 34, 36, 39, 40, 43(2), 45, 50(1), 53, 54, 66(1) and (2) and 67(1) and (2) of the Probate and Administration Act 1934 as in force immediately before 1 January 2015;
sections 2 (definition of “District Court limit”), 26(a) and 27 of the State Courts Act 1970 as in force immediately before 1 January 2015.
Despite sections 4 and 23, any appeal from any contentious probate proceedings commenced in a District Court is, if the appeal is commenced in the High Court before 1 January 2015, to be continued in and dealt with by the High Court, on and after that date, as if those sections had not been enacted.
Any non-contentious probate proceedings commenced in a District Court before 1 January 2015 is, on and after that date, to be continued in and dealt with by a Family Court.
Any family proceedings transferred to a District Court before 1 October 2014 pursuant to an order made by the Chief Justice under section 28A of the Supreme Court of Judicature Act 1969 is, on and after that date, to be continued in and dealt with by a Family Court.
Any proceedings commenced in a Juvenile Court before 1 October 2014 is, on and after that date, to be continued in and dealt with by a Youth Court.
[Omitted as having had effect]
[Omitted as spent]
In this section, “probate proceedings” means any civil proceedings under the Probate and Administration Act 1934.