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
173

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
Lord Chancellor.”
      (7)
In subsection (6)(a) after “(4) above” insert “or under paragraph (b) of
subsection (4A) above”.
      (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
of Parliament.”
     (11)
In the title, and in the preceding italic heading, for “county courts” substitute
“family court”.
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)
insert—
“(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
court”.
80
In section 56(1) (power to prescribe alternative appellate court) after
paragraph (a) insert—
35
“(aa)
the family court,”.
81
In section 57(1) (appeals otherwise than to Court of Appeal may be
redirected there)—
(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
sought,”.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
174

Courts Act 2003 (c. 39)
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
proceedings court”.
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
of”.
86    (1)
Section 28 (functions of justices’ clerks and assistant clerks) is amended as
follows.
      (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))
omit—
(a)
in subsection (1), paragraph (b) and the “and” preceding it, and
(b)
subsection (4).
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
“different cases or”.
90    (1)
Section 76 (further provision about scope of Family Procedure Rules) is
amended as follows.
      (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

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
175

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
(b)
omit paragraph (b).
      (3)
In subsection (3) (rules may modify rules of evidence) omit the words after
5
“proceedings”.
91    (1)
Section 77(2) (membership of Family Rule Procedure Committee) is
amended as follows.
      (2)
Omit paragraphs (i) and (l).
      (3)
In paragraphs (j) and (m) for “magistrates’ courts” substitute “the family
10
court”.
92    (1)
Section 81 (practice directions relating to family proceedings) is amended as
follows.
      (2)
In subsection (1)—
(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
family court”, and
(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
(aa)
the family court.”
      (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—
“the family court”.
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

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 3 — Repeals and revocations in consequence of Parts 1 and 2 of this Schedule
176

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
Part 3
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
shown.

Reference
Extent of repeal or revocation

15

Administration of Justice Act
Section 48(3).

1970 (c. 31)

Administration of Justice Act
In Schedule 3, paragraphs 3 and 4(a).

1977 (c. 38)

Magistrates’ Courts Act 1980
Section 53(4).

20

(c. 43)
Section 54(3) and (4).

Section 55(9).

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,”.

Section 57A(3).

In section 64—

(a)
subsection (1A),

(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

Section 111(7).

Section 121(8).

Section 144(1)(b).

Section 145(1)(ga).

In section 150(1), the definitions of “Family

40

Procedure Rules”, “family proceedings”,

“magistrates’ court maintenance order” and

“maintenance order”.

In Schedule 7, paragraphs 23 and 24.

Civil Jurisdiction and
In Schedule 11, paragraph 2.

45

Judgments Act 1982 (c. 27)
In Schedule 12, paragraphs 3 and 7.

Matrimonial and Family
Section 44.

Proceedings Act 1984 (c. 42)

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 3 — Repeals and revocations in consequence of Parts 1 and 2 of this Schedule
177

Reference
Extent of repeal or revocation

Matrimonial and Family
In Schedule 1, paragraphs 4 and 5.

Proceedings Act 1984

(c. 42)—cont.

Family Law Reform Act 1987
In Schedule 2, paragraphs 18, 81, 83 to 85 and

5

(c. 42)
87.

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
Sections 7 and 8.

1991 (c. 17)
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)

Transfer of Functions
In Schedule 2, the entries for sections 59 and

(Magistrates’ Courts and
94A of the Magistrates’ Courts Act 1980.

15

Family Law) Order 1992

(S.I. 1992/709)

Maintenance Orders
Article 3 and Schedule 2.

(Backdating) Order 1993

(S.I. 1993/623)

20

Child Support Act 1991
Article 3.

(Consequential

Amendments) Order 1994

(S.I. 1994/731)

Family Law Act 1996 (c. 27)
In Schedule 8, paragraph 49.

25

Family Law Act 1996
Article 2.

(Modifications of

Enactments) Order 1997

(S.I. 1997/1898)

Crime and Disorder Act 1998
In Schedule 8, paragraph 42.

30

(c. 37)

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.

Social Security Act 2000

35

(c. 19)

Civil Jurisdiction and
In Schedule 3, paragraphs 5, 11 and 12(b) and

Judgments Order 2001
(c).

(S.I. 2001/3929)

Adoption and Children Act
In Schedule 3, paragraphs 37, 38 and 39(b)(i).

40

2002 (c. 38)

Courts Act 2003 (c. 39)
Section 26(4).

Section 49(1).

In Schedule 8, paragraphs 98 to 103, 143, 208(3),

210, 211(3) and (4), 214 to 217, 228, 229 and

45

349.

Civil Partnership Act 2004
In Schedule 27, paragraphs 22, 64 and 65.

(c. 33)

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
178

Reference
Extent of repeal or revocation

Constitutional Reform Act 2005
In Schedule 4, paragraphs 101, 213 and 344(4).

(c. 4)

European Communities
Regulation 4.

(Jurisdiction and Judgments

5

in Matrimonial and Parental

Responsibility Matters)

Regulations 2005 (S.I. 2005/

265)

Childcare Act 2006 (c. 21)
In Schedule 2, paragraph 2.

10

Legal Services Act 2007 (c. 29)
In Schedule 21, paragraph 144(2)(b).

Civil Jurisdiction and
In the Schedule, paragraph 9.

Judgments Regulations 2007

(S.I. 2007/1655)

Human Fertilisation and
In Schedule 6, paragraph 20.

15

Embryology Act 2008 (c. 22)

Children and Families (Wales)
In Schedule 1, paragraphs 1 and 2.

Measure 2010 (nawm 1)

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/

1898)

25

Family Procedure (Modification
Articles 3, 5, 6(b), 7, 10(b) and (d) and 11 to 14.

of Enactments) Order 2011

(S.I. 2011/1045)

Civil Jurisdiction and
Regulation 2.

Judgments (Maintenance)

30

(Rules of Court) Regulations

2011 (S.I. 2011/1215)

Civil Jurisdiction and
In Schedule 7, paragraphs 2(4) and 9(2).

Judgments (Maintenance)

Regulations 2011 (S.I. 2011/

35

1484)

Schedule 11
Section 16

Transfer of jurisdiction to family court
Part 1
Amendments of enactments
40
Married Women’s Property Act 1882 (c. 75)
1
The Married Women’s Property Act 1882 is amended as follows.

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
179

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
possession of property)—
(a)
for “such county court as may be prescribed” substitute “the family
court”, and
(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
Kingdom)—
(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
requirements are met)—
(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
Wales).
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,