Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 1 — Establishment of the family court
159

(10)
If an action is brought in circumstances in which subsection (8) or (9)
provides that no action lies, the court in which the action is
brought—
(a)
may, on the application of the defendant, strike out the
proceedings in the action, and
5
(b)
if it does so, may if it thinks fit order the person bringing the
action to pay costs.
(11)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise functions of the Lord Chief Justice under this section.
10
31P
Legal advisers and assistants: costs and indemnity
(1)
A court may not order a person to pay costs in any proceedings in
respect of anything done or not done in carrying out functions of the
family court, or of a judge of the family court, in execution (or
purported execution) of the person’s duties as a legal adviser or
15
assistant legal adviser.
(2)
Subsection (1) does not apply in relation to any proceedings in which
a person—
(a)
is being tried for an offence or is appealing against a
conviction, or
20
(b)
is proved to have acted in bad faith in respect of the matters
giving rise to the proceedings.
(3)
A court which is prevented by subsection (1) from ordering a person
to pay costs in any proceedings may instead order the Lord
Chancellor to make a payment in respect of the costs of a person in
25
the proceedings.
(4)
The Lord Chancellor may, after consulting the Lord Chief Justice,
make regulations specifying—
(a)
circumstances in which a court must or must not exercise the
power conferred on it by subsection (3), and
30
(b)
how the amount of any payment ordered under subsection
(3) is to be determined.
(5)
In the following provisions of this section “indemnifiable amounts”,
in relation to a person, means—
(a)
costs which the person reasonably incurs in or in connection
35
with proceedings in respect of anything done or not done in
the execution (or purported execution) of the person’s duties
as a legal adviser or assistant legal adviser,
(b)
costs which the person reasonably incurs in taking steps to
dispute a claim which might be made in such proceedings,
40
(c)
damages awarded against the person or costs ordered to be
paid by the person in such proceedings, or
(d)
sums payable by the person in connection with a reasonable
settlement of such proceedings or such a claim.
(6)
The Lord Chancellor must indemnify a person in respect of
45
indemnifiable amounts if, in respect of the matters giving rise to the
proceedings or claim, the person acted reasonably and in good faith.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
160

(7)
Subject to subsection (6), the Lord Chancellor may indemnify a
person in respect of indemnifiable amounts unless it is proved, in
respect of the matters giving rise to the proceedings or claim, that the
person acted in bad faith.
(8)
Any question whether, or to what extent, a person is to be
5
indemnified under subsections (6) and (7) is to be determined by the
Lord Chancellor who may in particular, at the request of a person
claiming to be indemnified, make for this purpose determinations in
anticipation of a settlement and provisional determinations in
anticipation of costs being incurred.
10
(9)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise functions of the Lord Chief Justice under this section.
31Q
Orders, regulations and rules under Part 4A
(1)
Any power of the Lord Chancellor to make an order, regulations or
15
rules under this Part—
(a)
is exercisable by statutory instrument,
(b)
includes power to make different provision for different
purposes, and
(c)
includes power to make supplementary, incidental,
20
consequential, transitional, transitory or saving provision.
(2)
The Lord Chancellor may not make regulations under section 31P(4)
or the first rules under section 31O(4) unless a draft of the statutory
instrument containing the regulations or rules (whether alone or
with other provisions) has been laid before, and approved by a
25
resolution of, each House of Parliament.
(3)
A statutory instrument that—
(a)
contains an order, regulations or rules made under this Part
by the Lord Chancellor other than regulations under section
31M, and
30
(b)
is not subject to any requirement that a draft of the
instrument be laid before, and approved by a resolution of,
each House of Parliament,

is subject to annulment in pursuance of a resolution of either House
of Parliament.”
35
Part 2
The family court: further amendments
Debtors Act 1869 (c. 62)
2     (1)
In proviso (1) to section 5 of the Debtors Act 1869—
(a)
for the words from “any court other than” to “is to say,” substitute
40
“the county court—”, and
(b)
omit paragraph (c).
      (2)
In that section—
(a)
for “superior courts may” substitute “High Court or family court
may”,
45

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
161

(b)
for “by a superior court”, and for “by any superior court”, substitute
“by the High Court or family court”, and
(c)
at the end insert—

“Section 31E(1)(b) of the Matrimonial and Family
Proceedings Act 1984 (family court has county court’s
5
powers) does not apply in relation to the powers given by
this section to the county court.”
Maintenance Orders Act 1958 (c. 39)
3
The Maintenance Orders Act 1958 is amended as follows, but sections 2(1) to
(5), 2A and 5(2) to (4) of that Act as applied by section 36(3) of the Civil
10
Jurisdiction and Judgments Act 1982 (re-registration in different Northern
Ireland court of orders made in England and Wales or Scotland and
registered in a Northern Ireland court) have effect without the amendments
made in them by this Schedule.
4     (1)
Section 1 (application of Part 1) is amended as follows.
15
      (2)
In subsection (1) (purpose of Part 1) for the words from “to be registered” to
the end substitute “to be registered in the family court and, subject to those
provisions, while so registered to be enforced in like manner as an order
made by the family court.”
      (3)
In subsection (2) (registered orders deemed to be made by court in which
20
registered) for each of “England” and “the court in England in which it is so
registered” substitute “the High Court”.
      (4)
In subsection (2A) (orders to which Part applies)—
(a)
in paragraph (a) omit “or a county court or a magistrates’ court”, and
(b)
in paragraph (b) for “England” substitute “the High Court”.
25
      (5)
In subsection (3) for the definition of “High Court order”, “county court
order” and “magistrates’ court order” substitute—
““High Court order” means an order made by the High Court;”.
      (6)
Omit subsections (4) to (6) (registration in magistrates’ courts).
5     (1)
Section 2 (registration of orders) is amended as follows.
30
      (2)
In subsection (1) for “or county court order may apply for registration of the
order to the original court, and the court” substitute “order may apply to the
High Court for registration of the order in the family court, and the High
Court”.
      (3)
In subsection (2) (original court to send certified copy of order if satisfied no
35
enforcement steps being taken)—
(a)
for “original court”, in both places, substitute “High Court”, and
(b)
in paragraph (b) for the words from “sent” to “appears to be”
substitute “sent to the family court”.
      (4)
Omit subsections (3) to (4) and (6) (registration of a magistrates’ court order).
40
      (5)
In subsection (5) (order to be registered on receipt of certified copy)—
(a)
for “The officer of, or for, a court” substitute “An officer of the family
court”, and
(b)
for “him” substitute “the court”.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
162

      (6)
In subsection (6ZA) (registration of High Court or county court order)—
(a)
in the words before paragraph (a)—
(i)
omit “or county court”, and
(ii)
for “a magistrates’” substitute “the family”, and
(b)
omit paragraph (b) and the word “and” preceding it.
5
      (7)
Omit subsection (6ZB) (variation or revocation of orders registered in a
magistrates’ court).
      (8)
In subsection (6ZC)—
(a)
omit “or any order under subsection (6ZA)(b) of this section”, and
(b)
for “the designated officer for a magistrates’ court” substitute “the
10
family court”.
      (9)
In subsection (6A) omit the definition of “magistrates’ court order” and the
“and” preceding the definition.
6
In section 2A (interest on registered orders)—
(a)
omit subsections (1) to (4) (magistrates’ court orders),
15
(b)
in subsection (5) (registered orders do not carry interest) omit
“Except as provided by this section”, and
(c)
for the title substitute “No interest on sums recoverable under
registered orders”.
7
In section 3 (enforcement of registered orders) omit subsections (2) to (2B)
20
and (3A) (orders registered in magistrates’ courts).
8
Omit section 4 (variation etc of orders registered in a magistrates’ court).
9     (1)
Section 4A (variation etc of orders registered in High Court) is amended as
follows.
      (2)
Omit subsection (1) (orders to which section applies).
25
      (3)
In subsection (2), and in the title, for “High Court”, in each place, substitute
“family court”.
      (4)
In subsection (2) omit paragraph (a) (including the “and” at the end).
10    (1)
Section 5 (cancellation of registration) is amended as follows.
      (2)
In subsection (2) for “a magistrates’ court” substitute “the family court”.
30
      (3)
Omit subsection (3) (orders registered in High Court).
      (4)
In subsection (4)(c)(ii) for “a magistrates’ court”, in both places, substitute
“the family court”.
      (5)
In subsection (5)—
(a)
in the words before paragraph (a), and in the words after paragraph
35
(b), omit “or county court”, and
(b)
for paragraphs (a) and (b) substitute—
“(a)
any order which requires payments under the order
in question to be made by any method of payment
falling within section 1(5) of the Maintenance
40
Enforcement Act 1991 (standing order, etc), other
than an order which requires payments to be made to

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
163

the family court or an officer of that court, is to
continue to have effect, and
(b)
any order which requires payments under the order
in question to be made to the family court or an officer
of that court (whether or not by any method of
5
payment falling within section 1(5) of the
Maintenance Enforcement Act 1991) is to cease to
have effect;”.
      (6)
Omit subsection (6) (registration of a magistrates’ court order).
      (7)
In subsection (7)—
10
(a)
for “subsections (5) and (6)” substitute “subsection (5)”, and
(b)
omit “and “magistrates’ court order””.
11
Section 18 (powers of magistrates to review committals etc) is repealed.
12    (1)
Section 20 (registration, variation and arrears) is amended as follows.
      (2)
Omit subsections (1) and (2) (magistrates’ courts: applications for
15
registration, revocation or variation of maintenance orders).
      (3)
In subsection (8) (repeated complaints to enforce payment)—
(a)
for “a complaint” substitute “an application”, and
(b)
for “complaint”, in the second and third places, substitute
“application”.
20
      (4)
For the title substitute “Repeat applications to enforce payment of
maintenance arrears”.
13
In section 21(1) omit the definition of “magistrates’ court”.
Public Records Act 1958 (c. 51)
14
In paragraph 4(1) of Schedule 1 to the Public Records Act 1958 (records
25
which are public records) after paragraph (a) insert—
“(aa)
records of the family court;”.
Administration of Justice Act 1960 (c. 65)
15    (1)
Section 13 of the Administration of Justice Act 1970 (appeals in cases of
contempt of court) is amended as follows.
30
      (2)
After subsection (2) insert—
“(2A)
Paragraphs (a) to (c) of subsection (2) of this section do not apply in
relation to appeals under this section from an order or decision of the
family court, but (subject to any provision made under section 56 of
the Access of Justice Act 1999 or by or under any other enactment)
35
such an appeal shall lie to the Court of Appeal.”
      (3)
In subsection (5)(a) (orders and decisions of High Court etc to which section
applies) after “High Court,” insert “the family court,”.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
164

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
16
In section 1(4) of the Domestic and Appellate Proceedings (Restriction of
Publicity) Act 1968 (courts to which section applies) after “the Crown Court”
insert “, the family court”.
Civil Evidence Act 1968 (c. 64)
5
17
In section 12(5) of the Civil Evidence Act 1968 in the definition of
“matrimonial proceedings” for “a county” substitute “family”.
Administration of Justice Act 1970 (c. 31)
18    (1)
In section 11 of the Administration of Justice Act 1970 (restriction on powers
of committal under section 5 of the Debtors Act 1869)—
10
(a)
omit the “and” at the end of paragraph (a),
(b)
in paragraph (b) for the words from “in respect” to “judgment”
substitute “in respect of a judgment”, and
(c)
after paragraph (b) insert “; and
(c)
by the family court in respect of a High Court or
15
family court maintenance order.”
      (2)
In section 28 of that Act (interpretation)—
(a)
for “, “county court maintenance order”” substitute “and “family
court maintenance order””, and
(b)
for “, a county court” substitute “and the family court”.
20
Courts Act 1971 (c. 23)
19
Omit section 52(3A) of the Courts Act 1971 (subsection (3) does not apply to
family proceedings in a magistrates’ court).
Attachment of Earnings Act 1971 (c. 32)
20
The Attachment of Earnings Act 1971 is amended as follows.
25
21    (1)
Section 1 (courts with power to attach earnings) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
The family court may make an attachment of earnings order to
secure payments under a High Court or family court maintenance
order.”
30
      (3)
In subsection (2) (county court) omit paragraph (a) (maintenance orders).
      (4)
In subsection (3) (magistrates’ courts) omit paragraph (a) (maintenance
orders).
22
In section 2(b) (meaning of “High Court maintenance order” etc)—
(a)
for “, “county court maintenance order” and “magistrates’ court”
35
substitute “and “family court”, and
(b)
for “, a county court and a magistrates’ court;” substitute “and the
family court;”.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
165

23    (1)
Section 3 (application for order and conditions of court’s power to make it)
is amended as follows.
      (2)
In subsection (1)(a) (payee may apply) after “through” insert “any court or”.
      (3)
In subsection (1) (applicants) for paragraph (c) substitute—
“(c)
without prejudice to paragraph (a) above, an officer of the
5
family court if the application is to the family court for an
order to secure maintenance payments and there is in force
an order that those payments be made to the court or an
officer of the court;”.
      (4)
In subsections (1)(d)(ii) and (4)(a) (maintenance payments) for the words
10
between “or” and “for” substitute “the family court”.
      (5)
In subsection (4)—
(a)
omit paragraph (b) and the “or” preceding it, and
(b)
in the words after paragraph (b), omit the words after “1869”.
24
In section 6(7) (meaning of “collecting officer”)—
15
(a)
in paragraph (a)(ii) after “of” insert “the family court or”, and
(b)
after paragraph (a) insert—
“(aa)
in the case of an order made by the family court, the
appropriate officer of that court;”.
25
In section 8(3) (order ceases to have effect when warrant issued) omit the
20
words after “related maintenance order”.
26
In section 10 (reduction of normal deduction rate)—
(a)
in subsection (2) for “a county” substitute “the family”, and
(b)
omit subsection (3) (magistrates’ courts).
27
In section 11(1)(a) (registered maintenance orders) for the words after
25
“provides” substitute “for the registration in the family court of a High Court
maintenance order);”.
28
In section 15D (interpretation of sections 15A to 15C) after subsection (2)
insert—
“(2A)
If the lapsed order was made by the family court, the proper
30
authority is the family court.”
29
In section 16(2)(d) (power of collecting officer) for “magistrates’ court”
substitute “family court”.
30    (1)
Section 18 (collecting officers of magistrates’ courts) is amended as follows.
      (2)
In subsection (1)—
35
(a)
for the words before paragraph (a) substitute “Where payments
under a maintenance order are payable to the family court or an
officer of the family court for transmission to a person, no officer of
the family court is to—”, and
(b)
in the words after paragraph (c) for “him” substitute “the family
40
court or an officer of that court”.
      (3)
In subsection (2) for “the designated officer for a magistrates’ court”
substitute “an officer of the family court”.