Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
180

(c)
after “send the said documents” insert “to the family court if it
appears to the Lord Chancellor that the person is resident in England
and Wales or”, and
(d)
after “court of summary jurisdiction”, in the second place, insert “in
Northern Ireland if it appears to the Lord Chancellor that the person
5
is resident in Northern Ireland”.
      (3)
In subsection (5A) (exercise of powers where a magistrates’ court in England
and Wales confirms a provisional order)—
(a)
for “a magistrates’” substitute “the family”, and
(b)
for “shall” substitute “may”.
10
      (4)
In subsection (5B) (available powers)—
(a)
in each of paragraphs (a) and (b) for “the designated officer for the
court or for any other magistrates’ court” substitute “the family
court”, and
(b)
in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
15
substitute “1(5) of the Maintenance Enforcement Act 1991”.
      (5)
In subsection (5C) (deciding on exercise of powers)—
(a)
for “which of the” substitute “whether to exercise any of its”, and
(b)
omit “it is to exercise”.
      (6)
In subsection (5D) (power to require account to be opened) for “Subsection
20
(4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection
(6) of section 1 of the Maintenance Enforcement Act 1991”.
      (7)
In subsection (6) omit “Subject to subsection (6A),”.
      (8)
Omit subsection (6A) (modifications of section 60 of the Magistrates’ Courts
Act 1980).
25
8     (1)
Section 4A (variation and revocation of maintenance orders) is amended as
follows.
      (2)
In subsection (2) (jurisdiction of magistrates’ court where respondent
resides in a part of Her Majesty’s dominions outside the United Kingdom to
which the Act extends) for “a magistrates’ court in England and Wales”
30
substitute “the family court”.
      (3)
In subsection (4) (magistrates’ court hearings in absence of respondent), in
paragraph (a) for “a magistrates’ court in England and Wales” substitute
“the family court”.
      (4)
In subsection (5) (application of subsection (4) to Northern Ireland with
35
modifications) in paragraph (c) for “a magistrates’ court in England and
Wales” substitute “the family court”.
9     (1)
Section 6 (mode of enforcing orders) is amended as follows.
      (2)
In subsection (1) (enforcement steps to be taken by court of summary
jurisdiction) omit “of summary jurisdiction”.
40
      (3)
For subsection (2) substitute—
“(2)
Every such order registered in or confirmed by the family court is
enforceable as if it were an order made by the family court and as if
that court had had jurisdiction to make it.”

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
181

      (4)
In subsection (3) (execution of a warrant in a part of the United Kingdom in
which the issuing court does not have jurisdiction) after “issued by” insert
“the family court or”.
10
In section 9 (use of depositions taken outside United Kingdom) after “courts
of summary jurisdiction” insert “, or the family court,”.
5
11
In section 11(za) (application of section 3 to Northern Ireland) for “for
subsection (7) of that section there shall be substituted” substitute “after
subsection (6) of that section there shall be inserted”.
Marriage Act 1949 (c. 76)
12
The Marriage Act 1949 is amended as follows.
10
13
In section 3(5) (marriage of persons aged 16 or 17: meaning of “the court”
and provision about rules of court)—
(a)
for the words from “, the county court of the district” to the second
“in which any applicant or respondent resides” substitute “or the
family court”,
15
(b)
omit paragraph (b), and
(c)
in paragraph (c) for “a court of summary jurisdiction” substitute “the
family court”.
14    (1)
Section 27B (provisions relating to section 1(3) marriages) is amended as
follows.
20
      (2)
In subsection (4) (certificate not to be issued if alleged that section 1(3)
criteria not met, unless declaration obtained from High Court under
subsection (5)) omit “from the High Court”.
      (3)
In subsection (5) (application to High Court for declaration) after “High
Court” insert “or the family court”.
25
Maintenance Orders Act 1950 (c. 37)
15
The Maintenance Orders Act 1950 is amended as follows.
16
In section 4(1) (court of summary jurisdiction in England has jurisdiction in
proceedings for the recovery of sums under certain provisions against
person residing in Scotland or Northern Ireland) for “A court of summary
30
jurisdiction in England” substitute “The family court”.
17    (1)
In section 15(2) and (3) (service of process: endorsement by, and declarations
before, justices of the peace etc) for “justice of the peace” substitute “judge of
the family court”.
      (2)
In Schedule 2 (forms)—
35
(a)
in the form numbered 1 (endorsement of summons) for “justice of the
peace” substitute “judge of the family court”, and
(b)
in the form numbered 2 (declaration as to service) for “Justice of the
Peace” substitute “judge of the family court”.
18    (1)
Section 17 (procedure for registration of maintenance orders) is amended as
40
follows.

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
182

      (2)
Omit subsection (1)(a) (authority to whom application is to be made for
registration of maintenance order made by court of summary jurisdiction in
England).
      (3)
In subsection (3)(b) (court to whose officer certified copy of maintenance
order is to be sent) for the words after “in any other case” substitute “—
5
(i)
where the defendant appears to be in England and
Wales, the family court;
(ii)
where the defendant appears to be in Northern
Ireland, a court of summary jurisdiction acting for the
place in which the defendant appears to be;
10
(iii)
where the defendant appears to be in Scotland, the
sheriff court within the jurisdiction of which the
defendant appears to be.”
      (4)
In subsection (6) (court officer may apply, on behalf of person entitled to
maintenance payments made to or through the officer, for registration of
15
order under which they are made) for “made by a court of summary
jurisdiction in England or Northern Ireland” substitute “made by the family
court or a court of summary jurisdiction in Northern Ireland”.
19    (1)
Section 18 (enforcement of registered orders) is amended as follows.
      (2)
In subsection (1A) (interest)—
20
(a)
after “under this Part of this Act in” insert “the family court or”,
(b)
omit “England or”,
(c)
omit “Part I of the Maintenance Orders Act 1958 or”, and
(d)
omit “section 2A of the said Act of 1958 or”.
      (3)
Omit subsections (2) to (2ZB) (enforcement of registered orders in
25
magistrates’ courts).
      (4)
In subsection (2A) (offence of not giving notice of change of address to
proper officer) omit “England or”.
      (5)
In subsection (2B) (meaning of “proper officer”) omit paragraph (a)
(including the “and” at the end).
30
20    (1)
Section 19 (functions of collecting officer etc) is amended as follows.
      (2)
In subsection (1) (provisions in maintenance order about payment to court
have no effect if order is registered)—
(a)
for “or”, in the first place, substitute “by the family court or in”, and
(b)
after “through or to any” insert “court or”.
35
      (3)
In subsection (2) (court in which maintenance order registered to order
payment to be made through collecting officer) omit—
(a)
“England or” in both places, and
(b)
“, as the case may be”.
      (4)
Omit subsection (3)(a) (variation etc of orders made in England and Wales
40
under subsection (2)).
      (5)
In subsection (4) after “through or to any” insert “court or”.
21
In section 20(1)(a) (certificates as to arrears under registered maintenance
orders)—

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
183

(a)
after “to or through” insert “a court or”, and
(b)
after “signed by” insert “an officer of that court or (as the case may
be)”.
22    (1)
Section 22 (discharge and variation of maintenance orders registered in
summary or sheriff courts) is amended as follows.
5
      (2)
In subsection (1) (variation of maintenance order) for “a court of summary
jurisdiction or” substitute “the family court, a court of summary jurisdiction
in Northern Ireland or a”.
      (3)
In subsection (1A) (power of magistrates’ court to vary payments under
registered maintenance order) for “a magistrates’ court in England and
10
Wales” substitute “the family court”.
      (4)
In subsection (1B) (available powers)—
(a)
in each of paragraphs (a) and (b) for “the designated officer for the
court or for any other magistrates’ court in England and Wales”
substitute “the family court”, and
15
(b)
in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
substitute “1(5) of the Maintenance Enforcement Act 1991”.
      (5)
In subsection (1C) (deciding on exercise of powers)—
(a)
for “which of the” substitute “whether to exercise any of its”, and
(b)
omit “it is to exercise”.
20
      (6)
In subsection (1D) (power to require account to be opened) for “Subsection
(4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection
(6) of section 1 of the Maintenance Enforcement Act 1991”.
      (7)
Omit subsection (1E) (modifications of section 60 of the Magistrates’ Courts
Act 1980).
25
      (8)
In subsection (4) (court in which order registered may vary it only under
subsection (1)) for “a court of summary jurisdiction or” substitute “the
family court, a court of summary jurisdiction in Northern Ireland or a”.
      (9)
In subsection (5) (evidence) for “a court of summary jurisdiction or”
substitute “the family court, a court of summary jurisdiction in Northern
30
Ireland or a”.
23    (1)
Section 24 (cancellation of registration) is amended as follows.
      (2)
In subsection (2) (notice by appropriate authority where defendant ceases to
reside in England and Wales, Northern Ireland or Scotland) for “a court of
summary jurisdiction in England or Northern Ireland” substitute “the
35
family court, a court of summary jurisdiction in Northern Ireland”.
      (3)
In subsection (5A) (effect of cancellation of registration in a magistrates’
court in England and Wales)—
(a)
in the words before paragraph (a) for “a magistrates’” substitute “the
family”,
40
(b)
in paragraph (a) omit “section 18(2ZA) or” and “or (1E)”, and
(c)
in paragraph (b)—
(i)
for “the designated officer for a magistrates’ court in England
and Wales” substitute “the family court”, and

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
184

(ii)
for “59(6) of the Magistrates’ Courts Act 1980” substitute
“1(5) of the Maintenance Enforcement Act 1991”.
      (4)
In subsection (6) (orders under section 19(2)) omit “England or”.
24
In section 25(3) (rules as to procedure of courts of summary jurisdiction) for
“a court of summary jurisdiction in England or Northern Ireland” substitute
5
“the family court or a court of summary jurisdiction in Northern Ireland”.
25
In section 28(1) (interpretation) in the definition of “collecting officer” omit
“in relation to a court of summary jurisdiction in England, means the
designated officer for the court, and”.
Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)
10
26    (1)
Section 7 of the Matrimonial Causes (Property and Maintenance) Act 1958
(which extends section 17 of the Married Women’s Property Act 1882 to
certain disputes relating to property in which a wife claims a beneficial
interest) is amended as follows.
      (2)
In subsection (1) (which refers to any right of a wife under section 17 of the
15
1882 Act to apply to a judge of the High Court or of a county court) for “a
county court” substitute “the family court”.
      (3)
In subsection (2) (extension of the judge’s power to make orders under
section 17 of the 1882 Act as extended by subsection (1)) for “a county court”
substitute “the family court”.
20
Law Reform (Miscellaneous Provisions) Act 1970 (c. 33)
27
In section 2(2) of the Law Reform (Miscellaneous Provisions) Act 1970
(section 17 of the Married Women’s Property Act 1882 and section 7 of the
Matrimonial Causes (Property and Maintenance) Act 1958 apply to certain
disputes between parties to a broken engagement) for “a county court”
25
substitute “the family court”.
Matrimonial Proceedings and Property Act 1970 (c. 45)
28    (1)
The Matrimonial Proceedings and Property Act 1970 is amended as follows.
      (2)
In section 30(2) (order for maintenance of party to marriage made by
magistrates’ court to cease to have effect on remarriage of that party) for “a
30
magistrates’ court”, in both places, substitute “the family court”.
      (3)
In section 39 (extension of section 17 of the Married Women’s Property Act
1882 to certain cases where marriage dissolved or annulled) for “a county
court” substitute “the family court”.
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
35
29
The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as
follows.
30    (1)
Section 3 (magistrates’ court may make provisional maintenance order
against person residing in reciprocating country) is amended as follows.
      (2)
In subsection (1) for “a magistrates’ court” substitute “the family court”.
40

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
185

      (3)
In subsection (4) (application not to be transferred etc)—
(a)
before paragraph (a) insert—
“(za)
a court to transfer proceedings from the family court
to the High Court,”, and
(b)
in paragraphs (a) and (b) after “magistrates’ court” insert “in
5
Northern Ireland”, and
(c)
in those paragraphs after “High Court” insert “of Justice in Northern
Ireland”.
      (4)
In subsection (6) (effect of order being confirmed) omit “magistrates’”.
      (5)
Omit subsection (7)(b) (Northern Ireland: application of subsection (4)).
10
      (6)
In the title omit “magistrates’”.
31
In section 4(6) (Scotland: application of section 3(5) and (6)) after “for
references to” insert “a court that are references to the family court or”.
32
Omit section 5(3A) (modification of section 60 of Magistrates’ Courts Act
1980 in relation to maintenance orders to which section 5 applies).
15
33
In section 7 (confirmation of order made in reciprocating country)—
(a)
in subsection (5A) (court to exercise one of its powers under
subsection (5B) upon confirming order)—
(i)
for “a magistrates’ court in England and Wales” substitute
“the family court”, and
20
(ii)
for “shall” substitute “may”,
(b)
in subsection (5B) (available powers)—
(i)
in each of paragraphs (a) and (b) for the words from “the
designated” to “Wales” substitute “the court”,
(ii)
in paragraph (b) for “59(6) of the Magistrates’ Courts Act
25
1980” substitute “1(5) of the Maintenance Enforcement Act
1991”,
(c)
in subsection (5C) (deciding on exercise of powers)—
(i)
for “which of the” substitute “whether to exercise any of its”,
and
30
(ii)
omit “it is to exercise”, and
(d)
in subsection (5D) (power to require account to be opened) for
“Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”.
35
34
In section 8 (enforcement of registered maintenance orders)—
(a)
in subsection (3) (offence of not giving notice of change of address to
appropriate officer)—
(i)
for “a registered order” substitute “an order registered in a
court in Northern Ireland”, and
40
(ii)
for “appropriate officer of the registering” substitute “clerk of
that”,
(b)
omit subsection (3A) (meaning of “appropriate officer”),
(c)
omit subsections (4) to (4B) (enforcement by magistrates’ courts in
England and Wales), and
45

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
186

(d)
in subsection (5) (magistrates’ court to take prescribed steps) for
“The magistrates’ court” substitute “A magistrates’ court in
Northern Ireland”.
35
Omit section 9(1ZA) (modification of section 60 of Magistrates’ Courts Act
1980 in relation to registered order).
5
36
In section 10(3) (transfer to other magistrates’ court)—
(a)
after “magistrates’ court”, in the first place, insert “in Northern
Ireland”, and
(b)
for the words from “that part” to “court is” substitute “Northern
Ireland”.
10
37    (1)
In section 14(3) (compelling attendance of witnesses etc)—
(a)
for the words from “Section” to “1980” substitute “Articles 118(1), (3)
and (4), 119 and 120 of the Magistrates’ Courts (Northern Ireland)
Order 1981”, and
(b)
after “a magistrates’ court” insert “in Northern Ireland”.
15
      (2)
Omit section 14(6) (Northern Ireland: modifications).
38
In section 17 (proceedings in magistrates’ courts)—
(a)
in subsection (4) (courts in same area have same jurisdiction)—
(i)
after “magistrates’ court”, in the first place, insert “in
Northern Ireland”,
20
(ii)
omit the words from “acting”, in the first place, to “Northern
Ireland,”, and
(iii)
for “district)” substitute “district”,
(b)
in subsection (5A) (jurisdiction where respondent resides in
reciprocating country) for “a magistrates’ court in England and
25
Wales”, in both places, and for “such a court”, substitute “the family
court”, and
(c)
in subsection (7) (proceedings in absence of respondent) for “a
magistrates’ court”, in both places, substitute “the family court in
England and Wales or a magistrates’ court in Northern Ireland”.
30
39    (1)
Section 18 (magistrates’ courts rules) is amended as follows.
      (2)
Before subsection (1) insert—
“(A1)
Rules of court may make provision with respect to the matters that
would be mentioned in any of paragraphs (b), (c), (e) and (f) of
subsection (1) if references in those paragraphs to a magistrates’
35
court, or to magistrates’ courts, were references to the family court.”
      (3)
In subsection (1) (provision which may be made in rules of court)—
(a)
for the words before paragraph (a) substitute “The matters referred
to in subsections (A1) and (2) are—”, and
(b)
in paragraph (a) for “local justice area”, in both places, substitute
40
“petty sessions district”.
      (4)
In subsection (1A) (further provision about rules of court in relation to
England and Wales) for “(1)” substitute “(A1)”.
      (5)
For the title substitute “Rules of court”.
40
In section 21(1) in the definition of “the appropriate court”—
45