Commentary on Sections Part 1 - Adoption Chapter 7 - Miscellaneous Section 104: Appeals
Subsection (1) provides that an appeal lies to the High Court against the making by a County Court of any order under this Act or any refusal by a County Court to make such an order as if the decision had been made in the exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 and the appeal were brought under Article 60 of that Order.
Subsection (2) provides that, on an appeal under subsection (1), the High Court may make such orders as necessary to give effect to its determination of the appeal. The High Court may also make such incidental or consequential orders as appear to it to be just (subsection (3)).
Subsection (4) provides that any order of the High Court made on an appeal under subsection (1) (other than one directing that an application be re-heard by the county court) is to be treated, for the purposes of the enforcement of the order and any power to vary, revive or discharge orders, as if it were an order of the County Court from which the appeal was brought and not an order of the High Court.
Subsections (1) to (4) are subject to Article 166(14) and (15) of the Children Order (subsection (5)).