Section 38

Subject to what follows, in any proceedings in the county court the court may make any order which could be made by the High Court if the proceedings were in the High Court. Any order made by the county court may be – absolute or conditional; final or interlocutory. Neither the county court nor the family court has power – to order mandamus, certiorari or prohibition; or to make any order of a prescribed kind. Regulations under subsection (3) – may provide for any of their provisions not to apply in such circumstances or descriptions of case as may be specified in the regulations; may provide for the transfer of the proceedings to the High Court for the purpose of enabling an order of a kind prescribed under subsection (3) to be made; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . may make provision amending or repealing any provision made by or under any enactment, so far as may be necessary or expedient in consequence of the regulations; and may make different provision for different purposes. If regulations are made under subsection (3), rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 about procedure relevant to the matters prescribed in the regulations. In this section “ prescribed ” means prescribed by regulations made under this section by the Lord Chancellor after consulting the Lord Chief Justice . The power to make regulations under this section shall be exercised by statutory instrument. No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.

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Source: legislation.gov.uk · retrieved 2026-08-15