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
187

(a)
after ““the appropriate court”” insert “—
(a)
”, and
(b)
for “Wales or” substitute “Wales means the family court; and
(b)
in relation to a person residing or having assets”.
41    (1)
Section 23 (orders registered in High Court under Maintenance Orders
5
(Facilities for Enforcement) Act 1920) is amended as follows.
      (2)
In subsection (1) (orders registered at time when 1920 Act ceases to apply)—
(a)
after “High Court”, in the first place, insert “or the High Court of
Justice in Northern Ireland”,
(b)
for “the High Court”, in the second place, substitute “subsection (1A)
10
applies in relation to the order.
(1A)
Where the order was at that time registered in the High
Court, that court may, on an application by the payer or the
payee under the order or of its own motion, transfer the order
to the family court, with a view to the order being registered
15
in the family court under this Part of this Act; and where the
order was at that time registered in the High Court of Justice
in Northern Ireland, that court”,
(c)
after “magistrates’ court” insert “in Northern Ireland”, and
(d)
after “registered in that” insert “magistrates’”.
20
      (3)
Before subsection (2) insert—
“(1B)
Where the High Court transfers an order to the family court under
this section it shall—
(a)
cause a certified copy of the order to be sent to an officer of
the family court, and
25
(b)
cancel the registration of the order in the High Court.”
      (4)
In subsection (2) (certified copy to be sent to court which is to register order)
after “High Court”, in the first place, insert “of Justice in Northern Ireland”.
      (5)
In subsection (3) (officer to register order) omit “appropriate”.
      (6)
In subsection (4)—
30
(a)
for “the magistrates’” substitute “a”, and
(b)
for “appropriate officer of the court” substitute “officer registering
it”.
      (7)
Omit subsection (5) (Northern Ireland: modification).
      (8)
In subsection (6) (meaning of “appropriate officer”) for the words from
35
“means—” to the end substitute “, in relation to a magistrates’ court in
Northern Ireland, means the clerk of the court.”
42
In section 26(6)(a) (appropriate officer) for the words from “the designated”
to the end substitute “an officer of the family court”.
43
In section 27B (sending application to which section 27A applies to
40
appropriate magistrates’ court)—
(a)
in subsection (1) for the words from “designated” to the end
substitute “family court”,
(b)
in subsection (2) (attempted service of respondent)—
(i)
for “Subject to subsection (4) below, if” substitute “If”,
45

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
188

(ii)
for “a magistrates’ court having jurisdiction to hear it”
substitute “the family court”,
(iii)
for “designated officer for the” substitute “family”, and
(iv)
for “he” substitute “the family court”,
(c)
omit subsections (4) and (5) (sending on of application to another
5
magistrates’ court), and
(d)
in the title for “appropriate magistrates’” substitute “family”.
44
In section 27C (applications to which section 27A applies: general)—
(a)
in subsection (1) for “a magistrates’” substitute “the family”,
(b)
omit subsection (2) (disapplication of section 59 of Magistrates’
10
Courts Act 1980),
(c)
in subsection (3) (court to exercise one of its powers under subsection
(4) upon making order) for “shall” substitute “may”,
(d)
in subsection (4) (available powers)—
(i)
in each of paragraphs (a) and (b) for the words from “the
15
designated” to “Wales” substitute “the court”, and
(ii)
in paragraph (b) for “59(6) of the Magistrates’ Courts Act
1980” substitute “1(5) of the Maintenance Enforcement Act
1991”,
(e)
in subsection (5) (deciding on exercise of powers)—
20
(i)
for “which of the” substitute “whether to exercise any of its”,
and
(ii)
omit “it is to exercise”,
(f)
in subsection (6) (power to require account to be opened) for
“Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
25
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”, and
(g)
in subsection (7) (registration)—
(i)
omit “designated officer for the”, and
(ii)
omit “in the court”.
30
45
In section 28 (applications by spouses under the Domestic Proceedings and
Magistrates’ Courts Act 1978)—
(a)
in subsection (1) (orders court may make)—
(i)
for “The magistrates’ court” substitute “On”, and
(ii)
after “1978” insert”, the family court”, and
35
(b)
in subsection (2) (modifications of 1978 Act)—
(i)
in paragraph (a) for “to 27” substitute “, 26”, and
(ii)
omit paragraph (b), but not the “and” following it.
46
In section 28A (applications by former spouses under the Domestic
Proceedings and Magistrates’ Courts Act 1978)—
40
(a)
in subsection (2) (jurisdiction of magistrates’ court) for the words
from the beginning to “it” substitute “The family court shall have
jurisdiction to hear the application”,
(b)
in subsection (3) (court’s powers) for “magistrates’ court hearing the
application” substitute “family court”, and
45
(c)
in subsection (6) (modifications of 1978 Act)—
(i)
in paragraph (e) for “and 25 to 28” substitute “25, 26 and 28”,
and

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
189

(ii)
omit paragraph (f), but not the “and” following it.
47
Section 28B (certain orders under Schedule 11 to the Children Act 1989 do
not apply) is repealed.
48    (1)
Section 32 (transfer of orders) is amended as follows.
      (2)
In subsection (2) (transfer to other magistrates’ court)—
5
(a)
for “the appropriate officer”, in the first and second places, substitute
“the clerk”,
(b)
after “magistrates’ court”, in the first place, insert “in Northern
Ireland”,
(c)
for the words from “that part” to “court is” substitute “Northern
10
Ireland”, and
(d)
for “the appropriate officer”, in the third place, substitute “that
clerk”.
      (3)
Omit subsection (2A) (meaning of “appropriate officer”).
      (4)
In subsection (8) in the definition of “the appropriate court”—
15
(a)
after ““the appropriate court”” insert “—
(a)
”, and
(b)
for “Wales or” substitute “Wales, means the family court; and
(b)
in relation to a person residing”.
49
In section 33 (enforcement of orders)—
20
(a)
omit subsections (3) and (3A) (enforcement by magistrates’ courts in
England and Wales),
(b)
in subsection (3B) (enforcement by courts of summary jurisdiction in
Northern Ireland) after “jurisdiction”, in the first place, insert “in
Northern Ireland”, and
25
(c)
in subsection (4) (magistrates’ court to take prescribed steps) after
“court” insert “in Northern Ireland”.
50
In section 34 (variation and revocation of orders)—
(a)
in subsection (1) (powers of registering court etc) omit “subsection
(3A) below and”,
30
(b)
in subsection (3) (officer to whom application to be sent) for the
words from “shall” to the end substitute “shall—
(a)
if the registering court is the family court, send the
application together with any documents
accompanying it to that court,
35
(b)
if the registering court is a magistrates’ court in
Northern Ireland, send the application together with
any documents accompanying it to the clerk of that
court.”, and
(c)
omit subsection (3A) (modification of section 60 of Magistrates’
40
Courts Act 1980 in relation to registered orders).
51    (1)
Section 34A (variation of orders by magistrates’ courts in England and
Wales) is amended as follows.
      (2)
In subsection (1) (application of certain provisions)—
(a)
for “a magistrates’ court in England and Wales” substitute “the
45
family court”, and

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
190

(b)
for paragraph (a) substitute—
“(a)
section 1(3A) of the Maintenance Enforcement Act
1991;”.
      (3)
In subsection (2) (court may exercise one of powers under subsection (3)
upon varying order) for “a magistrates’ court in England and Wales”
5
substitute “the family court”.
      (4)
In subsection (3) (available powers)—
(a)
in each of paragraphs (a) and (b) for the words from “the designated”
to “Wales” substitute “the court”, and
(b)
in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
10
substitute “1(5) of the Maintenance Enforcement Act 1991”.
      (5)
Omit subsections (4) to (8) (variation by justices’ clerk).
      (6)
In subsection (9) (deciding on exercise of powers)—
(a)
for “subsections (2) and (8)” substitute “subsection (2)”,
(b)
for “which of the” substitute “whether to exercise any of its”,
15
(c)
omit “it is to exercise”, and
(d)
after “debtor” insert “or the creditor”.
      (7)
In subsection (10) (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”.
20
      (8)
In subsection (11) (meaning of “creditor” and “debtor”) for “section 59 of the
Magistrates’ Courts Act 1980” substitute “section 1 of the Maintenance
Enforcement Act 1991”.
      (9)
In the title for “magistrates’ courts” substitute “the family court”.
52
In section 35 (further provision relating to variation etc of orders by
25
magistrates’ courts in England and Wales)—
(a)
in subsection (1) (powers exercisable notwithstanding that applicant
resides outside England and Wales) for “a magistrates’ court in
England and Wales” substitute “the family court”,
(b)
in subsection (2) (powers under section 34A not exercisable) omit “,
30
or of the clerk of the court,”,
(c)
in subsection (3) (proceedings in absence of respondent) for “a
magistrates’ court in England and Wales” substitute “the family
court”, and
(d)
in the title for “magistrates’ courts” substitute “the family court”.
35
53    (1)
Section 36 (admissibility of evidence given in convention country) is
amended as follows.
      (2)
Before subsection (1) insert—
“(A1)
A statement contained in a document mentioned in subsection (1)
shall—
40
(a)
in any proceedings in the family court arising out of an
application to which section 27A(1) of this Act applies or an
application made by any person for the variation or
revocation of a registered order, or
(b)
in proceedings on appeal from proceedings within
45
paragraph (a),

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
191


be admissible as evidence of any fact stated to the same extent as oral
evidence of that fact is admissible in those proceedings.”
      (3)
In subsection (1) (statements made in convention country to be
admissible)—
(a)
for “A statement contained in—” substitute “The documents referred
5
to in subsections (A1) and (1A) are—”,
(b)
omit the “or” following paragraph (a) and the “or” following
paragraph (b),
(c)
after paragraph (c) insert—
“(1A)
A statement contained in a document mentioned in
10
subsection (1)”,
(d)
after “magistrates’ court” insert “in Northern Ireland”, and
(e)
omit “an application to which section 27A(1) of this Act applies,”.
54
In section 38 (obtaining evidence at request of court in convention
country)—
15
(a)
in subsection (4) (application of provisions of Magistrates’ Courts
Act 1980) 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”,
(b)
in subsection (4) after “a magistrates’ court” insert “in Northern
20
Ireland”, and
(c)
omit subsection (6) (Northern Ireland: modifications).
55
In section 38A(1) (rules of court) after “done by” insert “the family court or”.
56
In section 42 (provisional order to cease to have effect on remarriage) in
subsection (1) and in the title omit “magistrates’”.
25
57
In section 47(3) (interpretation: jurisdiction of magistrates’ courts) for the
words from “construed—” to “in relation to”, in the second place, substitute
“construed in relation to”.
Matrimonial Causes Act 1973 (c. 18)
58
The Matrimonial Causes Act 1973 is amended as follows.
30
59
In section 4(4)(a) (periods which may be treated for the purposes of section
1(2)(c) as periods during which the respondent has deserted the petitioner)
for “or a county court” substitute “, the family court or the county court”.
60
In section 32(1) (arrears more than 12 months old not to be enforced without
court’s permission) for “any county court” substitute “the family court”.
35
61    (1)
Section 33 (orders for repayment of sums paid under certain orders) is
amended as follows.
      (2)
In subsection (4) (application for repayment may be made in proceedings for
variation, discharge or enforcement of order, or to county court) for “a
county court”, in each place, substitute “the family court”.
40
      (3)
Omit subsection (5) (no limits on jurisdiction of county court under
subsection (4)).
62    (1)
Section 35 (alterations of maintenance agreements where both parties are
living) is amended as follows.

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
192

      (2)
In subsection (1) (application for alteration may be made to the court or a
magistrates’ court) omit “or to a magistrates’ court”.
      (3)
In subsection (2) (which refers to the court to which an application for an
alteration is made)—
(a)
in the words before paragraph (a) omit “to which the application is
5
made”,
(b)
for “subsections (3),” substitute “subsections “, and
(c)
for “that court”, in both places, substitute “the court”.
      (4)
Omit subsection (3) (limits on powers of magistrates’ court to deal with
applications for alterations).
10
      (5)
In subsections (4) and (5) for “a court” substitute “the court”.
63    (1)
Section 36 (alterations of maintenance agreements after death of one party)
is amended as follows.
      (2)
In subsection (1) (application for alteration may be made to High Court or
county court) omit the words from “High” to “county”.
15
      (3)
In subsection (2) (court’s permission needed to make late application) omit
the words from “High” to “county”.
      (4)
Omit subsections (3) and (7) (powers of county court to deal with
applications for alterations).
      (5)
In subsections (4) and (5) for “a court” substitute “the court”.
20
64    (1)
Section 38 (orders for repayment of periodical payments mistakenly made)
is amended as follows.
      (2)
In subsection (2) (powers of the court when dealing with an application for
repayment) after “On an application under this section the court” insert “to
which the application is made”.
25
      (3)
In subsection (3) (application for repayment may be made in enforcement
proceedings, or to county court) for “a county court”, in each place,
substitute “the family court”.
      (4)
Omit subsection (4) (no limits on jurisdiction of county court under
subsection (3)).
30
      (5)
In subsection (6) (liability of court officers in respect of orders for periodical
payments)—
(a)
in the words before paragraph (a) for “The designated officer for a
magistrates’ court to whom any payments under a payments order
are required to be made,” substitute “An officer of the family court,”,
35
and
(b)
in paragraph (a)—
(i)
for “the designated officer,” substitute “an officer of the
family court,”, and
(ii)
for “in pursuance of the payments order” substitute “, in
40
pursuance of a payments order requiring payments to be
made to the court or an officer of the court,”.
      (6)
In subsection (7) (meaning of “collecting officer”) for “the registrar of a
county court or the designated officer of a magistrates’ court” substitute “or
the officer of the family court,”.
45

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
193

65    (1)
In section 52(1) (interpretation of the Act) for the definition of “the court”
substitute—
““the court” (except where the context otherwise requires)
means the High Court or the family court;”.
      (2)
The amendment made by sub-paragraph (1) does not apply for the purposes
5
of interpreting references to “the court” in paragraph 14 of Schedule 1 to the
Matrimonial Causes Act 1973.
Domicile and Matrimonial Proceedings Act 1973 (c. 45)
66    (1)
Section 5 of the Domicile and Matrimonial Proceedings Act 1973
(jurisdiction of High Court and county court to entertain proceedings for
10
divorce, judicial separation or nullity of marriage) is amended as follows.
      (2)
In subsection (1A) (interpretation) in the definition of “the court” for the
words after “High Court” substitute “and the family court”.
      (3)
In the side-note for “county courts” substitute “family court”.
Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
15
67
The Domestic Proceedings and Magistrates’ Courts Act 1978 is amended as
follows.
68
In section 1 (grounds of application to magistrates’ court for order for
financial provision) for “a magistrates’ court” substitute “the family court”.
69
In section 6(1) (application for order for payments agreed between parties to
20
a marriage) for “a magistrates’ court” substitute “the family court”.
70
In section 7(1) (powers of court where parties living apart by agreement) for
“a magistrates’ court” substitute “the family court”.
71    (1)
Section 19 (interim maintenance orders) is amended as follows.
      (2)
In subsection (1) (courts’ powers)—
25
(a)
in paragraph (a)—
(i)
for “the magistrates’ court” substitute “the family court”, and
(ii)
omit the words from “or on refusing” to the end; and
(b)
omit paragraphs (b) and (c) (High Court and county court powers).
      (3)
In subsection (3) (date from which payment may be required to be made)
30
omit the words after “section 2, 6 or 7 of this Act”.
      (4)
In subsection (5)(c) (interim order ceases to have effect on final order of
magistrates’ court or dismissal of application) for “a magistrates’ court”
substitute “the family court”.
      (5)
In subsection (6) (interim order may be continued in force by order of court)
35
for the words from “the magistrates’ court which made the order” to
“reheard,” substitute “the family court”.
      (6)
Omit subsection (9) (interim order of High Court or county court on
ordering rehearing by magistrates’ court to be treated, for certain purposes,
as an order of that magistrates’ court).
40