|
| |
|
accordance with arrangements for their collection made by |
| |
the Secretary of State under section 30 of the Child Support |
| |
Act 1991 and regulations made under that section.” |
| |
(6) | In subsection (5) (methods of payment) after paragraph (b) insert “; or |
| |
(c) | any method of payment specified in regulations made by the |
| 5 |
| |
(7) | In subsection (6)(a) after “(4) above” insert “or under paragraph (b) of |
| |
| |
(8) | In subsection (7) (powers where order made under subsection (4)(a))— |
| |
(a) | for “or (3)” substitute “, (1A), (3) or (3A)”, and |
| 10 |
(b) | after “(4)(a)” insert “or (4A)”. |
| |
(9) | After subsection (8) insert— |
| |
“(8A) | No order made by the family court under subsection (4) or (4A)(a) or |
| |
(b) above has effect at any time when the Secretary of State is, under |
| |
section 30 of the Child Support Act 1991 and regulations made under |
| 15 |
that section, arranging for the collection of payments under the |
| |
qualifying periodical maintenance order in question.” |
| |
(10) | After subsection (10) insert— |
| |
“(11) | The power of the Lord Chancellor to make regulations under |
| |
subsection (5)(c) above is exercisable by statutory instrument, and a |
| 20 |
statutory instrument containing regulations under subsection (5)(c) |
| |
is subject to annulment in pursuance of a resolution of either House |
| |
| |
(11) | In the title, and in the preceding italic heading, for “county courts” substitute |
| |
| 25 |
Access to Justice Act 1999 (c. 22) |
| |
77 | The Access to Justice Act 1999 is amended as follows. |
| |
78 | In section 54(1) (rules may require permission to appeal) after paragraph (a) |
| |
| |
“(aa) | the family court,”. |
| 30 |
79 | In section 55(1) (limitations on right to appeal to Court of Appeal against a |
| |
decision made on an appeal) before “or the High Court” insert “, the family |
| |
| |
80 | In section 56(1) (power to prescribe alternative appellate court) after |
| |
| 35 |
“(aa) | the family court,”. |
| |
81 | In section 57(1) (appeals otherwise than to Court of Appeal may be |
| |
| |
(a) | before “or the High Court” insert “, the family court”, and |
| |
(b) | after paragraph (b) insert “or |
| 40 |
(c) | the President of the Family Division where it is the |
| |
family court from which or to which the appeal is |
| |
made, or from which permission to appeal is |
| |
| |
|
| |
|
| |
|
| |
82 | The Courts Act 2003 is amended as follows. |
| |
83 | In section 1(1) (Lord Chancellor’s general duty to ensure that support |
| |
systems and services, including staff and accommodation, are provided for |
| |
certain courts) for the “and” at the end of paragraph (b) substitute— |
| 5 |
“(ba) | the family court, and”. |
| |
84 | In section 18(5)(a) (presiding at sittings of justices) omit “or family |
| |
| |
85 | In section 19(2)(e) (committees may be established under rules to advise on |
| |
authorisation of justices for specific purposes) for “members of family |
| 10 |
proceedings courts or” substitute “judges of the family court or as members |
| |
| |
86 (1) | Section 28 (functions of justices’ clerks and assistant clerks) is amended as |
| |
| |
(2) | After subsection (5) insert— |
| 15 |
“(5A) | For the purposes of subsections (1) to (5) the functions of justices of |
| |
the peace do not include functions as a judge of the family court.” |
| |
(3) | Omit subsection (9)(b) (requirement to consult Family Procedure Rule |
| |
Committee) but not the “and” following it. |
| |
87 | Omit section 30(6) (exclusion of family proceedings). |
| 20 |
88 | In section 66 (judges having powers of District Judges (Magistrates’ Courts)) |
| |
| |
(a) | in subsection (1), paragraph (b) and the “and” preceding it, and |
| |
| |
89 (1) | Section 75 (Family Procedure Rules) is amended as follows. |
| 25 |
(2) | In subsection (1) (family proceedings in certain courts to be governed by |
| |
Family Procedure Rules) omit the words after “proceedings”. |
| |
(3) | For subsection (3) (meaning of “family proceedings”) substitute— |
| |
“(3) | “Family proceedings” means— |
| |
(a) | proceedings in the family court, and |
| 30 |
(a) | proceedings in the Family Division of the High Court which |
| |
are business assigned, by or under section 61 of (and |
| |
Schedule 1 to) the Senior Courts Act 1981, to that Division of |
| |
the High Court and no other.” |
| |
(4) | In subsection (4) (differential provision) before “different areas” insert |
| 35 |
| |
90 (1) | Section 76 (further provision about scope of Family Procedure Rules) is |
| |
| |
(2) | In subsection (2) (provision that may be made by rules)— |
| |
(a) | after the “and” at the end of paragraph (a) insert— |
| 40 |
“(aa) | provide, subject to any provision that may be made in |
| |
rules under section 31O(4) of the Matrimonial and |
| |
|
| |
|
| |
|
Family Proceedings Act 1984, for any functions of a |
| |
court in family proceedings to be carried out by |
| |
officers or other staff of the court.” and |
| |
| |
(3) | In subsection (3) (rules may modify rules of evidence) omit the words after |
| 5 |
| |
91 (1) | Section 77(2) (membership of Family Rule Procedure Committee) is |
| |
| |
(2) | Omit paragraphs (i) and (l). |
| |
(3) | In paragraphs (j) and (m) for “magistrates’ courts” substitute “the family |
| 10 |
| |
92 (1) | Section 81 (practice directions relating to family proceedings) is amended as |
| |
| |
| |
(a) | in paragraph (za) after “Court of Appeal” insert “in proceedings on |
| 15 |
appeal from the Family Division of the High Court or from the |
| |
| |
(b) | for the words after paragraph (za) substitute— |
| |
“(zb) | the Family Division of the High Court in proceedings |
| |
which are business assigned, by or under section 61 of |
| 20 |
(and Schedule 1 to) the Senior Courts Act 1981, to that |
| |
Division of the High Court and no other, and |
| |
| |
(3) | In subsection (2) for the words “of those courts in family proceedings” |
| |
substitute “mentioned in subsection (1) which are”. |
| 25 |
(4) | In subsection (2A) for “of any relevant court in family proceedings” |
| |
substitute “mentioned in subsection (1)”. |
| |
(5) | In subsection (3)(a) for “of any relevant court in family proceedings,” |
| |
substitute “mentioned in subsection (1),”. |
| |
(6) | In subsection (5) omit the definition of “relevant court”. |
| 30 |
93 | In section 92(1) (power to prescribe fees for things dealt with by certain |
| |
courts) after paragraph (a) insert— |
| |
“(aa) | the family court,”. |
| |
Constitutional Reform Act 2005 (c. 4) |
| |
94 | The Constitutional Reform Act 2005 is amended as follows. |
| 35 |
95 | In section 7(4) (courts of which Lord Chief Justice is president) after the entry |
| |
for the Crown Court insert— |
| |
| |
Legal Services Act 2007 (c. 29) |
| |
96 (1) | For paragraph 1(7)(c) of Schedule 3 to the Legal Services Act 2007 (rights of |
| 40 |
|
| |
|
| |
|
audience in chambers of exempt persons) substitute— |
| |
“(c) | the proceedings are not reserved family proceedings and |
| |
are being heard in chambers— |
| |
(i) | in the High Court or county court, or |
| |
(ii) | in the family court by a judge who is not, or by two |
| 5 |
or more judges at least one of whom is not, within |
| |
section 31C(1)(y) of the Matrimonial and Family |
| |
Proceedings Act 1984 (lay justices).” |
| |
(2) | In paragraph 1(10) of that Schedule in the definition of “family proceedings” |
| |
after “also includes” insert “any proceedings in the family court and”. |
| 10 |
| |
Repeals and revocations in consequence of Parts 1 and 2 of this Schedule |
| |
97 | The provisions specified in the Table are repealed or revoked to the extent |
| |
| |
| | Extent of repeal or revocation |
| | 15 | | Administration of Justice Act |
| | | | | | | | | | Administration of Justice Act |
| In Schedule 3, paragraphs 3 and 4(a). |
| | | | | | | | | Magistrates’ Courts Act 1980 |
| | | 20 | | | | | | | | | | | | | In section 56 the words from the beginning to |
| | | | | “any magistrates’ court,”. |
| | | | | In section 57 the words from the beginning to |
| | 25 | | | “any magistrates’ court,”. |
| | | | | | | | | | | | | | | | | | | | (b) | in subsection (2) the words “or (4A)”, |
| | 30 | | | (c) | in subsection (3) the words “Subject to |
| | | | | subsection (4) below,”, and |
| | | | | (d) | subsections (4) and (4A). |
| | | | | In section 97(1)(a) and (2) the words “or of an |
| | | | | application in family proceedings”. |
| | 35 | | | | | | | | | | | | | | | | | | | | | | | In section 150(1), the definitions of “Family |
| | 40 | | | Procedure Rules”, “family proceedings”, |
| | | | | “magistrates’ court maintenance order” and |
| | | | | | | | | | In Schedule 7, paragraphs 23 and 24. |
| | | | | In Schedule 11, paragraph 2. |
| | 45 | | Judgments Act 1982 (c. 27) |
| In Schedule 12, paragraphs 3 and 7. |
| | | | | | | | | Proceedings Act 1984 (c. 42) |
| | | |
|
|
| |
|
| |
|
| | Extent of repeal or revocation |
| | | | | In Schedule 1, paragraphs 4 and 5. |
| | | | | | | | | | | | | | Family Law Reform Act 1987 |
| In Schedule 2, paragraphs 18, 81, 83 to 85 and |
| | 5 | | | | | | | Children Act 1989 (c. 41) |
| In Schedule 11, paragraph 8(a) to (c). |
| | | | Broadcasting Act 1990 (c. 42) |
| In Schedule 20, paragraph 29(2). |
| | | | Maintenance Enforcement Act |
| | | | | | In Schedule 1, paragraphs 8 and 9. |
| | 10 | | | In Schedule 2, paragraphs 6 to 8 and 11(1). |
| | | | Social Security (Consequential |
| In Schedule 2, paragraph 60. |
| | | | Provisions) Act 1992 (c. 6) |
| | | | | | In Schedule 2, the entries for sections 59 and |
| | | | | 94A of the Magistrates’ Courts Act 1980. |
| | 15 | | | | | | | | | | | | | Article 3 and Schedule 2. |
| | | | | | | | | | | | 20 | | | | | | | | | | | | | | | | | | | | | | Family Law Act 1996 (c. 27) |
| In Schedule 8, paragraph 49. |
| | 25 | | | | | | | | | | | | | | | | | | | | | | Crime and Disorder Act 1998 |
| In Schedule 8, paragraph 42. |
| | 30 | | | | | | | Access to Justice Act 1999 (c. 22) |
| In Schedule 10, paragraphs 22, 33 and 34. |
| | | | | In Schedule 11, paragraphs 26 and 27. |
| | | | Child Support, Pensions and |
| In Schedule 8, paragraph 2. |
| | | | | | | 35 | | | | | | | | In Schedule 3, paragraphs 5, 11 and 12(b) and |
| | | | | | | | | | | | | | Adoption and Children Act |
| In Schedule 3, paragraphs 37, 38 and 39(b)(i). |
| | 40 | | | | | | | | | | | | | | | | | | In Schedule 8, paragraphs 98 to 103, 143, 208(3), |
| | | | | 210, 211(3) and (4), 214 to 217, 228, 229 and |
| | 45 | | | | | | | Civil Partnership Act 2004 |
| In Schedule 27, paragraphs 22, 64 and 65. |
| | | | | | | |
|
|
| |
|
| |
|
| | Extent of repeal or revocation |
| | | | Constitutional Reform Act 2005 |
| In Schedule 4, paragraphs 101, 213 and 344(4). |
| | | | | | | | | | | | | | (Jurisdiction and Judgments |
| | | 5 | | in Matrimonial and Parental |
| | | | | | | | | | Regulations 2005 (S.I. 2005/ |
| | | | | | | | | | Childcare Act 2006 (c. 21) |
| In Schedule 2, paragraph 2. |
| | 10 | | Legal Services Act 2007 (c. 29) |
| In Schedule 21, paragraph 144(2)(b). |
| | | | | In the Schedule, paragraph 9. |
| | | | Judgments Regulations 2007 |
| | | | | | | | | | | In Schedule 6, paragraph 20. |
| | 15 | | Embryology Act 2008 (c. 22) |
| | | | | Children and Families (Wales) |
| In Schedule 1, paragraphs 1 and 2. |
| | | | | | | | | Parental Responsibility and |
| In the Schedule, paragraph 1. |
| | | | Measures for the Protection |
| | | 20 | | of Children (International |
| | | | | Obligations) (England and |
| | | | | Wales and Northern Ireland) |
| | | | | Regulations 2010 (S.I. 2010/ |
| | | | | | | | 25 | | Family Procedure (Modification |
| Articles 3, 5, 6(b), 7, 10(b) and (d) and 11 to 14. |
| | | | of Enactments) Order 2011 |
| | | | | | | | | | | | | | | | | | 30 | | (Rules of Court) Regulations |
| | | | | | | | | | | In Schedule 7, paragraphs 2(4) and 9(2). |
| | | | | | | | | Regulations 2011 (S.I. 2011/ |
| | | 35 | | | | | |
|
|
| |
| |
Transfer of jurisdiction to family court |
| |
| |
| 40 |
Married Women’s Property Act 1882 (c. 75) |
| |
1 | The Married Women’s Property Act 1882 is amended as follows. |
| |
|
| |
|
| |
|
2 | In section 10 (court’s power to order transfer investment and dividends to |
| |
husband where investment made with his money and without his consent) |
| |
for “the Court” substitute “the High Court or the family court”. |
| |
3 | In section 17 (power of High Court and prescribed county court to make |
| |
orders in relation to disputes between husband and wife about title to or |
| 5 |
| |
(a) | for “such county court as may be prescribed” substitute “the family |
| |
| |
(b) | omit the words after “rules of court”. |
| |
Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33) |
| 10 |
4 (1) | The Maintenance Orders (Facilities for Enforcement) Act 1920 is amended in |
| |
accordance with paragraphs 5 to 11. |
| |
(2) | The amendments made by paragraphs 5 to 11 cease to have effect on the |
| |
coming into force of the repeal of the Maintenance Orders (Facilities for |
| |
Enforcement) Act 1920 by section 22(2)(a) of the Maintenance Orders |
| 15 |
(Reciprocal Enforcement) Act 1972. |
| |
5 | In section 1(2) (courts in which maintenance orders from Her Majesty’s |
| |
dominions outside the United Kingdom are to be registered) after “and, if |
| |
the court was not a court of superior jurisdiction, be” insert “the family court, |
| |
or, in Northern Ireland,”. |
| 20 |
6 (1) | Section 3 (power of courts in England and Wales, or Northern Ireland, to |
| |
make provisional orders of maintenance against certain persons resident |
| |
outside the United Kingdom) is amended as follows. |
| |
(2) | In subsection (1) (circumstances in which provisional orders may be made) |
| |
for “a court of summary jurisdiction in England or Ireland” substitute “the |
| 25 |
family court, or in Northern Ireland to a court of summary jurisdiction,”. |
| |
(3) | In subsection (4) (taking of evidence by court of summary jurisdiction at |
| |
request of court in a part of Her Majesty’s dominions outside the United |
| |
| |
(a) | omit “of summary jurisdiction” in the first place, and |
| 30 |
(b) | after “that court or” insert “, in Northern Ireland,”. |
| |
(4) | In subsection (5) (confirmation of order does not affect any power of court of |
| |
summary jurisdiction to vary or revoke order, provided certain |
| |
| |
(a) | after “any power of” insert “the family court, or”, and |
| 35 |
(b) | after “summary jurisdiction” insert “in Northern Ireland,”. |
| |
(5) | Omit subsection (7) (variation etc in a magistrates’ court in England and |
| |
| |
7 (1) | Section 4 (power of court of summary jurisdiction to confirm maintenance |
| |
order made outside the United Kingdom) is amended as follows. |
| 40 |
(2) | In subsection (1) (procedure for determining whether order should be |
| |
confirmed by court of summary jurisdiction)— |
| |
(a) | after “confirmed by” insert “the family court or by”, |
| |
(b) | omit “England or” in the first place, |
| |
|
| |
|