Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
166

      (4)
Omit subsection (3).
31    (1)
Section 20 (persons residing outside England and Wales) is amended as
follows.
      (2)
In subsection (1)—
(a)
for “a magistrates’ court”, in both places, substitute “the family
5
court”, and
(b)
for “a complaint”, in both places, substitute “an application”.
      (3)
In subsections (2) to (4) for “complaint”, in each place, substitute
“application”.
      (4)
In subsection (4) for “complainant” substitute “applicant”.
10
32
In section 21 (costs on application under section 16)—
(a)
in subsection (1) omit “(but subject to section 18(2)(b) of this Act)”,
and
(b)
in subsection (2) for the words from “deemed—” to “otherwise,”
substitute “deemed”.
15
33
In section 23 (enforcement) after subsection (10) insert—
“(10A)
This section applies in relation to the family court as it applies in
relation to the county court, but as if the reference in subsection (8)
to section 129 of the County Courts Act 1984 were a reference to
section 31L(1) of the Matrimonial and Family Proceedings Act 1984.”
20
Matrimonial Causes Act 1973 (c. 18)
34
In section 48(2) (nullity proceedings to be in private unless judge otherwise
directs) for “judge” substitute “court”.
Litigants in Person (Costs and Expenses) Act 1975 (c. 47)
35
In paragraph (a) of the second sentence in section 1(1) of the Litigants in
25
Person (Costs and Expenses) Act 1975 before “in the Senior” insert “in the
family court,”.
Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)
36    (1)
The Inheritance (Provision for Family and Dependants) Act 1975 is amended
as follows.
30
      (2)
In section 15(1) (restriction imposed in divorce proceedings etc on
application under the 1975 Act: meaning of “the court”) for the words from
“, where a county court has jurisdiction” to the end substitute “the family
court”.
      (3)
In section 15ZA(2) (restriction imposed in proceedings for the dissolution etc
35
of a civil partnership on application under the 1975 Act: meaning of “the
court”) for the words from “, where a county court has jurisdiction” to the
end substitute “the family court”.
      (4)
In section 15A(1) (restriction imposed in proceedings under Matrimonial
and Family Proceedings Act 1984 on application under the 1975 Act:
40
meaning of “the court”) for the words from “, where a county court has
jurisdiction” to the end substitute “the family court”.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
167

      (5)
In section 15B(2) (restriction imposed in proceedings under Schedule 7 to the
Civil Partnership Act 2004 on application under the 1975 Act: meaning of
“the court”) for the words from “, where a county court has jurisdiction” to
the end substitute “the family court”.
Torts (Interference with Goods) Act 1977 (c. 32)
5
37
In section 4 of the Torts (Interference with Goods) Act 1977 (interlocutory
relief where goods are detained) after subsection (5) insert—
“(6)
Subsections (1) to (4) apply in relation to the family court in England
and Wales as they apply in relation to the High Court in England and
Wales, but as if references in those subsections to rules of court
10
(including references to rules of court under any particular
enactment) were references to Family Procedure Rules.”
Charging Orders Act 1979 (c. 53)
38    (1)
The Charging Orders Act 1979 is amended as follows.
      (2)
In sections 1(1) and (6), 3(4A)(a) and 6(2) (charging orders in respect of
15
orders of certain courts) after “High Court”, in each place, insert “or the
family court”.
      (3)
In section 1(2)(b) (enforcement of High Court maintenance order) for “a
county” substitute “the family”.
      (4)
In section 1(2) (meaning of “appropriate court”) after paragraph (b) insert—
20
“(ba)
in a case where paragraph (a) does not apply and the order to
be enforced is an order of the family court, the family court;”.
      (5)
In section 1(2)(c) for “neither paragraph (a) nor paragraph (b)” substitute
“none of paragraphs (a), (b) and (ba)”.
Magistrates’ Courts Act 1980 (c. 43)
25
39
The Magistrates’ Courts Act 1980 is amended as follows.
40
In section 58(2) (sums recoverable summarily as a civil debt) omit paragraph
(a) (including the “or” at the end).
41    (1)
Section 59 (orders for periodical payment: means of payment) is amended as
follows.
30
      (2)
In subsection (1) (duty to exercise powers under subsection (3))—
(a)
omit the words from “then” preceding paragraph (a) to
“maintenance order,” in paragraph (b), and
(b)
for “that subsection” substitute “subsection (3) below”.
      (3)
Omit subsections (2), (3)(cc), (3A), (5), (7) to (12) (maintenance orders).
35
      (4)
In subsection (3) omit paragraphs (c) to (d).
42    (1)
Section 59A (orders for periodical payment: proceedings by designated
officer) is amended as follows.
      (2)
In subsections (1) and (2) for “a relevant UK order” substitute “an order
made by a magistrates’ court”.
40

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
168

      (3)
In subsection (7) (interpretation)—
(a)
in the definition of “the relevant designated officer”—
(i)
after paragraph (a) insert “and”, and
(ii)
omit paragraph (c) and the “and” preceding it,
(b)
omit the definition of “relevant UK order”, and
5
(c)
omit the words after that definition.
43
Omit section 59B (power of magistrates’ court to impose penalty for breach
of certain maintenance orders).
44
In section 60 (variation etc of orders for periodical payments)—
(a)
omit subsections (3) to (10B) (which relate to maintenance orders),
10
and
(b)
in subsection (11) (interpretation) omit paragraph (b) and the “and”
preceding it.
45
In section 61(2) in the definition of “periodical payments order” omit the
words from “, or registered” to “1958,”.
15
46    (1)
Section 62 (payments required to be made to a child) is amended as follows.
      (2)
In subsection (1) omit paragraph (b) and the “or” preceding it.
      (3)
In subsection (3) omit “or registered in”.
      (4)
Omit subsection (6) (meaning of “registered”).
47
In section 64 (costs)—
20
(a)
omit subsections (1A), (4) and (4A),
(b)
in subsection (2) omit “or (4A)”, and
(c)
in subsection (3) omit “Subject to subsection (4) below,”.
48
Omit sections 65 to 67, 68A, 69, 70, 71, 73, 74 and 75(2A) to (2C) (family
proceedings in magistrates’ courts).
25
49
Omit—
(a)
sections 76(4) to (6), 92(1)(a) and 93 to 95 (enforcement of
maintenance orders),
(b)
in section 80(1) the words “or has ordered the enforcement of a sum
due from a person under a magistrates’ court maintenance order”,
30
and
(c)
in section 100 (evidence) paragraph (b) and the “or” preceding it.
50    (1)
Section 111A (appeals on ground of error of law etc in family proceedings in
a magistrates’ court) is amended as follows.
      (2)
In subsection (1) for “family proceedings” substitute “proceedings under the
35
Child Support Act 1991”.
      (3)
In subsection (2) (appeal to a county court) for “a county” substitute “the
family”.
      (4)
In subsection (3)(a) (other rights to appeal exclude right under subsection
(2)) before “against” insert “or the family court”.
40
      (5)
Omit subsection (5) (meaning in the section of “family proceedings”).
      (6)
In the title for “family” substitute “child support”.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
169

51
In section 112(2) (decisions on appeals under section 111A) for “a county”
substitute “the family” in both places.
Contempt of Court Act 1981 (c. 49)
52
In section 14 of the Contempt of Court Act 1981 (penalties for contempt of
court) but not in that section in its application to Northern Ireland (which in
5
its application to Northern Ireland has effect as set out in Schedule 4 to that
Act) before subsection (5) insert—
“(4B)
The preceding provisions of this section do not apply to the family
court, but—
(a)
this is without prejudice to the operation of section 31E(1)(a)
10
of the Matrimonial and Family Proceedings Act 1984 (family
court has High Court’s powers) in relation to the powers of
the High Court that are limited or conferred by those
provisions of this section, and
(b)
section 31E(1)(b) of that Act (family court has county court’s
15
powers) does not apply in relation to the powers of the
county court that are limited or conferred by those provisions
of this section.”
Senior Courts Act 1981 (c. 54)
53
The Senior Courts Act 1981 is amended as follows.
20
54
In section 33 (powers of High Court exercisable before commencement of
action) after subsection (2) insert—
“(3)
This section applies in relation to the family court as it applies in
relation to the High Court.”
55
In section 34 (powers of High Court to order disclosure or inspection of
25
documents or property of non-party) after subsection (4) insert—
“(5)
Subsections (2) and (3) apply in relation to the family court as they
apply in relation to the High Court.”
56
In section 35(1) (limits on High Court’s power to make orders under sections
33 and 34) for “The High Court” substitute “A court”.
30
57
In section 37 (powers of High Court to grant injunctions or appoint
receivers) after subsection (5) insert—
“(6)
This section applies in relation to the family court as it applies in
relation to the High Court.”
58
In section 39(1) (powers of High Court to order documents to be executed or
35
indorsed by nominated person)—
(a)
in the words before paragraph (a) after “High Court” insert “or
family court”, and
(b)
in paragraph (b) for “the High Court” substitute “that court”.
59
In section 42(1)(a) and (b) (engaging in vexatious civil proceedings is ground
40
for High Court making order under the section) after “High Court” insert “or
the family court”.
60    (1)
Section 51 (costs) is amended as follows.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
170

      (2)
In subsection (1) (section applies to civil division of Court of Appeal, High
Court and county court) before the “and” at the end of paragraph (b) insert—
“(ba)
the family court;”.
      (3)
In subsection (8)(b) (proceedings commenced in High Court that should
have been commenced in county court) before “in accordance” insert “or
5
family court”.
61
In section 70 (assessors) after subsection (4) insert—
“(5)
Subsections (1) and (2) apply in relation to the family court as they
apply in relation to the High Court.”
62
In Schedule 1 (distribution of business in High Court) omit paragraph 3(d)
10
(appeals from enforcement decisions of magistrates’ courts in relation to
certain family matters).
County Courts Act 1984 (c. 28)
63
The County Courts Act 1984 is amended as follows.
64
In section 4(1) (certain public buildings may be used for county court sittings
15
free of charges other than charges for light, heat and cleaning) before “, there
is a building” insert “or a sitting of the family court is held”.
65    (1)
In section 38(3) (county court does not have power to make certain orders)
for “A county court shall not have” substitute “Neither the county court nor
the family court has”.
20
      (2)
In section 38(4) (regulations about orders which court may not make) after
paragraph (d) insert “; and
(e)
may make different provision for different purposes.”
66
Omit sections 40(9) and 42(8) and, in section 41(2), the words after
“prerogative orders)” (references to family jurisdiction of county court).
25
67
In section 57 (evidence of prisoners) after subsection (4) insert—
“(5)
This section applies in relation to the family court as it applies in
relation to the county court.”
68
In section 61 (rights of audience by direction) after subsection (3) insert—
“(3A)
Subsections (1) to (3) apply in relation to the family court as they
30
apply in relation to the county court.”
69
In section 71 (satisfaction of orders for payment of costs etc) after subsection
(2) insert—
“(3)
Subsections (1) and (2), so far as relating to costs, apply in relation to
the family court as they apply in relation to the county court.”
35
70
In section 131 (appointment of auditors etc) after “controlling the accounts
of” insert “the family court or”.
71
In section 132 (payments of expenses etc)—
(a)
in paragraph (b) (costs of books etc) after “offices” insert “, and the
family court and its offices,”,
40
(b)
in paragraph (c) (costs of transport to prison) after “committed by”
insert “the family court or”, and

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
171

(c)
in paragraph (d) (all other expenses arising out of any jurisdiction
conferred) after “conferred” insert “on the family court or any officer
of the family court or”.
Administration of Justice Act 1985 (c. 61)
72
In section 53(2) of the Administration of Justice Act 1985 (costs where judge
5
unable to act) before the “and” at the end of paragraph (b) insert—
“(ba)
proceedings in the family court;”.
Insolvency Act 1986 (c. 45)
73
In section 281(8) of the Insolvency Act 1986 (discharge does not release
bankrupt from bankruptcy debt arising under order made in family
10
proceedings), in the definition of “family proceedings”, for paragraph (a)
(but not the “and” following it) substitute—
“(a)
proceedings in the family court;”.
Children Act 1989 (c. 41)
74
In section 97 of the Children Act 1989 (privacy for children involved in
15
certain proceedings)—
(a)
omit subsections (1), (7) and (8) (which relate to certain family
proceedings in magistrates’ courts), and
(b)
in subsection (2) (restrictions on publication) for “, a county court or
a magistrates’ court” substitute “or the family court”.
20
Courts and Legal Services Act 1990 (c. 41)
75    (1)
The Courts and Legal Services Act 1990 is amended as follows.
      (2)
In section 1(1) (allocation of business between High Court and county
court)—
(a)
in paragraph (a) (conferring jurisdiction on High Court) after
25
“which” insert “the family court or”,
(b)
in paragraph (b) (conferring jurisdiction on county court) after “on”
insert “the family court or”,
(c)
in paragraph (c) (allocating proceedings) after “High Court” insert
“or to the family court”,
30
(d)
after paragraph (d) insert—
“(da)
specifying proceedings which may be commenced
only in the family court,”, and
(e)
after paragraph (f) insert—
“(fa)
specifying proceedings which may be taken only in
35
the family court;”.
      (3)
In section 1(3) (criteria for distinguishing categories of proceedings) after
paragraph (c) insert—
“(ca)
any relationship between the proceedings and any other
proceedings;”.
40
      (4)
In section 1(7)(a) (power to make consequential amendments) after sub-

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
172

paragraph (ii) insert “or
(iii)
the jurisdiction, practice or procedure of the family
court,”.
      (5)
In section 1(10) (no power to confer judicial review jurisdiction on county
court) after “on” insert “the family court or”.
5
      (6)
In the title of section 1 after “High Court” insert “family court”.
      (7)
Omit sections 9 and 10 (allocation of family proceedings in county court and
rules about family proceedings in magistrates’ courts).
      (8)
In section 11 (representation in certain county court cases)—
(a)
after subsection (9) insert—
10
“(9A)
This section applies in relation to the family court as it applies
in relation to the county court.”, and
(b)
in the title after “county court” insert “and family court”.
Maintenance Enforcement Act 1991 (c. 17)
76    (1)
Section 1 of the Maintenance Enforcement Act 1991 (High Court and county
15
court maintenance orders) is amended as follows.
      (2)
For “a county court”, in each place, substitute “the family court”.
      (3)
After subsection (1) insert—
“(1A)
Where the family court makes a qualifying periodical maintenance
order, it may at the same time exercise any of its powers under
20
subsection (4A) below in relation to the order, whether of its own
motion or on an application made under this subsection by an
interested party.”
      (4)
After subsection (3) insert—
“(3A)
Where the family court has made a qualifying periodical
25
maintenance order, it may at any later time—
(a)
on an application made under this subsection by an
interested party, or
(b)
of its own motion, in the course of any proceedings
concerning the order,
30

exercise any of its powers under subsection (4A) below in relation to
the order.”
      (5)
After subsection (4) insert—
“(4A)
The powers mentioned in subsections (1A) and (3A) above are—
(a)
the power to order that payments under the qualifying
35
periodical maintenance order in question be made to the
court or an officer of the court;
(b)
the power to order that payments under the qualifying
periodical maintenance order in question required to be to
the court, or an officer of the court, are to be so made by such
40
method of payment falling within subsection (5) below as the
court may specify in the particular case; or
(c)
the power to order that payments under the qualifying
periodical maintenance order in question be made in