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
194

72
In section 20 (variation, revival and revocation of orders for periodical
payments) in each of subsections (1) to (3) and (5) for “a magistrates’ court”
substitute “the family court”.
73    (1)
Section 20ZA (variation of orders for periodical payments: further
provision) is amended as follows.
5
      (2)
In subsections (1) and (7) (making provision as to payment when exercising
power to vary) for “paragraphs (a) to (d) of section 59(3) of the Magistrates’
Courts Act 1980” substitute “section 1(4) and (4A) of the Maintenance
Enforcement Act 1991”.
      (3)
Omit subsections (2) to (5) and (9) (power of justices’ clerk to vary order).
10
      (4)
In subsection (6) (power to require account to be opened)—
(a)
for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”, and
(b)
for “subsections (1) and (5)” substitute “subsection (1)”.
15
      (5)
Omit subsection (8) (duty to exercise powers in particular way).
      (6)
In subsection (10) (powers under section only exercisable if payer resident in
England and Wales)—
(a)
omit “, or of a justices’ clerk,”, and
(b)
for the words from “which” to the end substitute “unless, at the time
20
when the order was made, the person required to make the
payments was ordinarily resident in England and Wales.”
74
In section 20A(1) (application by child for revival of periodical payments
order)—
(a)
in the words before paragraph (a), for “a magistrates’ court”
25
substitute “the family court”, and
(b)
in the words after paragraph (b) omit “which made the order”.
75
Omit section 22 (variation of instalments of lump sum).
76
Omit section 23(2) (certain powers of a magistrates’ court do not apply to
orders under Part 1).
30
77
In section 25(4) (magistrates’ court’s power to determine date on which
order ceased to have effect because the parties were living together) for “a
magistrates’ court” substitute “the family court”.
78
Section 27 (refusal of order in case more suitable for High Court) is repealed.
79    (1)
Section 28 (powers of High Court and county court relation to certain orders
35
under Part 1) is amended as follows.
      (2)
In subsection (1) (power of High Court or county court in matrimonial
proceedings to direct that order of magistrates’ court is to cease to have
effect)—
(a)
for “making by a magistrates’ court” substitute “making by the
40
family court”,
(b)
for “a county court” substitute “the family court”, and
(c)
for “made by a magistrates’ court” substitute “under this Part”.
      (3)
In subsection (3)—

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
195

(a)
for “a county court” substitute “the family court”,
(b)
for “a magistrates’ court” substitute “the family court”.
80
Section 29 (appeals) is repealed.
81    (1)
Section 30 (provisions as to jurisdiction and procedure) is amended as
follows.
5
      (2)
Omit subsections (1) and (1A) (limits on jurisdiction of magistrates’ courts to
deal with applications under Part 1).
      (3)
In subsection (5) (jurisdiction of magistrates’ court under Part 1 exercisable
notwithstanding that a party to proceedings is not domiciled in England and
Wales) for “a magistrates’ court” substitute “the family court”.
10
      (4)
Omit subsection (6) (interpretation of subsections (1) and (1A)).
82
Section 31 (constitution of courts) is repealed.
83    (1)
Section 32 (enforcement etc of orders for payment of money) is amended as
follows.
      (2)
Omit subsection (1) (order under Part 1 to be enforced as a magistrates’ court
15
maintenance order).
      (3)
In subsection (2) (power to order payment to a person on another’s behalf)—
(a)
for the words from the beginning to “a magistrates’ court making”
substitute “The family court when making”, and
(b)
omit the words after “to that other person”.
20
      (4)
In subsection (4) (arrears more than 12 months old not to be enforced
without court’s permission) for “High Court or any county” substitute
“family”.
84    (1)
Section 35 (orders for repayment in certain cases of sums paid after cessation
of order by reason of remarriage or formation of civil partnership) is
25
amended as follows.
      (2)
In subsection (1) (circumstances in which court may exercise powers under
subsection (2)) for “the court” substitute “the family court”.
      (3)
In subsection (2) (power to order repayment or partial repayment, or to
dismiss application) for “The court” substitute “The family court”.
30
      (4)
In subsection (4) (application to be made in enforcement proceedings, or to
county court)—
(a)
for “shall be made to a county court, except that such an application
may” substitute “may (but need not)”,
(b)
omit “in the High Court or a county court”, and
35
(c)
omit the words after “of this Act”.
      (5)
Omit subsection (6) (no limits on jurisdiction of county court under
subsection (4)).
      (6)
In subsection (7) (liability of court officers)—
(a)
in the words before paragraph (a)—
40
(i)
for “The designated officer for a magistrates’ court to whom
any payments under an order made under section 2(1)(a), 6

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
196

or 7 of this Act are required to be made,” substitute “An
officer of the family court,”, and
(ii)
for “the first-mentioned order” substitute “an order made
under section 2(1)(a), 6 or 7 of this Act”,
(b)
in paragraph (a)—
5
(i)
for “the designated officer,” substitute “an officer of the
family court,”, and
(ii)
for “in pursuance of the first mentioned order” substitute
“, in pursuance of an order made under section 2(1)(a), 6 or 7
of this Act requiring payments to be made to the court or an
10
officer of the court,”, and
(c)
in the words after paragraph (b) for “first mentioned order”, in both
places, substitute “order made under section 2(1)(a), 6 or 7 of this
Act”.
85
In section 88 (interpretation)—
15
(a)
in subsection (1) (defined terms), omit the definitions of “family
proceedings” and “magistrates’ court maintenance order”, and
(b)
omit subsection (4) (powers of magistrates’ courts acting in a local
justice area).
Civil Jurisdiction and Judgments Act 1982 (c. 27)
20
86    (1)
The Civil Jurisdiction and Judgments Act is amended as follows.
      (2)
In the second sentence of section 5(1) (enforcement of maintenance orders
under 1968 Convention) after “Article 32” insert “but, if the appropriate
court is a magistrates’ court in England and Wales, the Lord Chancellor is to
transmit the application to the family court”.
25
      (3)
In section 5(2) (determination of transmitted application) for “officer of that
court” substitute “officer—
(a)
of the family court if the application is transmitted to that
court, or
(b)
in any other case, of the court having jurisdiction in the
30
matter”.
      (4)
Omit section 5(5A) to (5C) (enforcement in magistrates’ courts in England
and Wales).
      (5)
In section 5(7) omit “England and Wales or”.
      (6)
In section 5(8) omit paragraph (a) (including the “and” at the end).
35
      (7)
In the second sentence of section 5A(1) (enforcement of maintenance orders
under the Lugano Convention of 2007) after “Article 39” insert “but, if the
appropriate court is a magistrates’ court in England and Wales, the Lord
Chancellor is to transmit the application to the family court”.
      (8)
In section 5A(2) (determination of transmitted application) for “officer of”
40
substitute “officer—
(a)
of the family court if the application is transmitted to that
court, or
(b)
in any other case, of”.

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
197

      (9)
Omit section 5A(5) (enforcement in magistrates’ courts in England and
Wales).
     (10)
In section 5A(7) omit “England and Wales or”.
     (11)
In section 5A(9) omit paragraph (a) (including the “and” at the end).
     (12)
Omit sections 6(3)(a) and 6A(3)(a) (appeals in England and Wales).
5
     (13)
In section 7(4) (interest on arrears)—
(a)
omit “England and Wales or”,
(b)
omit “section 2A of the Maintenance Orders Act 1958 or”, and
(c)
for “enable” substitute “enables”.
     (14)
In section 15(3) (jurisdiction of magistrates’ courts)—
10
(a)
after “particular magistrates’ court” insert “in Northern Ireland”,
and
(b)
for “in the same local justice area (or, in Northern Ireland, for the
same petty sessions district)” substitute “for the same petty sessions
district”.
15
     (15)
In section 36(1)(b) (registration of maintenance orders) for “county court
order, a magistrates’” substitute “family”.
     (16)
In section 48(3) (rules of court relating to maintenance orders)—
(a)
in the words before paragraph (a) for “magistrates’ courts,”
substitute “the family court, the power to make rules of court for
20
magistrates’ courts in Northern Ireland,”,
(b)
in paragraphs (a) and (g) after “purposes of” insert “the family court
or”, and
(c)
in paragraphs (f) and (h) after “which” insert “the family court or”.
     (17)
In section 50 (interpretation) in the definition of “court of law”—
25
(a)
after paragraph (a) insert—
“(aa)
in England and Wales, the Court of Appeal, the High
Court, the Crown Court, the family court, the county
court and a magistrates’ court,”, and
(b)
in paragraph (b) omit “England and Wales or”.
30
Matrimonial and Family Proceedings Act 1984 (c. 42)
87
The Matrimonial and Family Proceedings Act 1984 is amended as follows.
88
In section 27 (interpretation of Part 3: financial relief in England and Wales
after overseas divorce etc) in the definition of “the court” for the words after
“High Court or” substitute “the family court”.
35
89
In section 32 (meaning of “family business” etc) omit the definitions of “civil
partnership cause” and “the 1973 Act”.
90
Sections 33 to 36D (jurisdiction of county court in matrimonial causes and
civil partnership causes) are repealed.
91
In section 37 (directions as to distribution and transfer of family business
40
and proceedings between the High Court and county court) for “county
courts” substitute “the family court”.

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
198

92    (1)
Section 38 (transfer of family proceedings from High Court to county court)
is amended as follows.
      (2)
In subsection (1) (High Court’s power to transfer proceedings) for “a county
court” substitute “the family court.”
      (3)
In subsection (2) (proceedings which are transferable under the section)—
5
(a)
in the words before paragraph (a), for “to a county court” substitute
“to the family court”,
(b)
in paragraph (a) (proceedings commenced in High Court that are
within jurisdiction of county court) for the words after “jurisdiction
of” substitute “the family court”, and
10
(c)
in paragraph (c) (certain proceedings transferred to the High Court)
omit the words from “from” to “county court”.
      (4)
Omit subsections (3) to (3B) (identifying county court to which transfer to be
made).
      (5)
In subsection (5) (transferee court has jurisdiction), in the words before
15
paragraph (a), for the words after “to” substitute “the family court under this
section, the family court—”.
      (6)
In the heading omit “to county court”.
93    (1)
Section 39 (transfer of family proceedings to High Court from county court)
is amended as follows.
20
      (2)
In subsection (1) (power to transfer) for “a county court, the county court
may,” substitute “the family court, the family court may,”.
      (3)
In subsection (2) (proceedings which are transferable under the section) for
paragraphs (a) and (b) substitute—
“(a)
all family proceedings commenced in the family court which
25
are within the jurisdiction of the High Court, and
(b)
all family proceedings transferred from the High Court
under section 38 above.”
      (4)
In the heading omit “to county court”.
94
Section 42 (county court proceedings in principal registry of Family
30
Division) is repealed.
Family Law Act 1986 (c. 55)
95
The Family Law Act 1986 is amended as follows.
96
In section 55(1) (application for declaration as to marital status may be made
to High Court or county court) for “a county court” substitute “the family
35
court”.
97
In section 55A(1) (application for declaration of parentage may be made to
High Court, county court or magistrates’ court) for “, a county court or a
magistrates’ court” substitute “or the family court”.
98    (1)
Section 56 (declarations of legitimacy or legitimation) is amended as follows.
40
      (2)
In subsection (1) (application for declaration of legitimacy may be made to
High Court or county court) for “a county court” substitute “the family
court”.

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
199

      (3)
In subsection (2) (application for declaration of legitimation may be made to
High Court or county court) for “a county court” substitute “the family
court”.
99
In section 57(1) (application for declaration as to adoption effected overseas
may be made to High Court or county court) for “a county court” substitute
5
“the family court”.
100
Omit section 60(5) (appeals in relation to magistrates’ courts declarations
under section 55A).
Matrimonial Proceedings (Transfers) Act 1988 (c. 18)
101
In section 1(1) of the Matrimonial Proceedings (Transfers) Act 1988 (which
10
modifies section 38 of the Matrimonial and Family Proceedings Act 1984
(“the 1984 Act”)), in the paragraph (d) to have effect as if inserted into section
38(2) of the 1984 Act, after “from” insert “the family court or”.
Children Act 1989 (c. 41)
102
The Children Act 1989 is amended as follows.
15
103
Omit section 11J(13) (section 11J is without prejudice to section 63(3) of the
Magistrates’ Courts Act 1980 as it applies in relation to contact orders).
104
In section 14(1) (enforcement of residence orders in magistrates’ courts) omit
“under section 63(3) of the Magistrates’ Courts Act 1980”.
105
Omit section 15(2) (disapplication of powers of magistrates’ courts in
20
relation to maintenance orders).
106
In section 38B(4) (court’s power to accept undertaking relating to interim
care order is without prejudice to other powers of High Court and county
court) for “county court” substitute “family court”.
107
In section 44B(4) (court’s power to accept undertaking relating to emergency
25
protection order is without prejudice to other powers of High Court and
county court) for “county court” substitute “family court”.
108
In section 83(5) (direction to obtain information for research purposes) for
“the designated officer for each magistrates’ court to which the direction is
expressed to relate” substitute “an officer of the family court”.
30
109   (1)
Section 92 (jurisdiction of courts) is amended as follows.
      (2)
Omit subsections (1) to (5) (which relate to family proceedings in
magistrates’ courts).
      (3)
Omit subsection (6) (which introduces Part 1 of Schedule 11).
      (4)
In subsection (7) (meaning of “the court”) for “the High Court, a county court
35
or a magistrates’ court” substitute “the High Court or the family court”.
      (5)
In subsection (8) (which qualifies subsection (7)) omit the words from “the
provision” to “Schedule 11 and to”.
      (6)
Omit subsections (9) to (10A) (Lord Chancellor’s power by order to provide
for principal registry of Family Division of High Court to be treated as a
40
county court for specified purposes).

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
200

110
In section 93(2) omit paragraphs (d), (f), (g), (i) and (j) (rules of court:
magistrates’ courts).
111
Section 94 (appeals) is repealed.
112
Schedule 1 (financial provision for children) is amended as follows.
113
In paragraph 1(1) (financial provision for children: orders against parents)—
5
(a)
for “may—” substitute “may make one or more of the orders
mentioned in sub-paragraph (2)”, and
(b)
omit paragraphs (a) and (b).
114
In paragraph 5 (provisions relating to lump sums), omit sub-paragraphs (2)
and (4) (limits on amounts which may be ordered by magistrates’ courts).
10
115   (1)
Paragraph 6A (variation etc of orders for periodical payments) is amended
as follows.
      (2)
In sub-paragraph (1)—
(a)
for “a magistrates’” substitute “the family”, and
(b)
for “sub-paragraphs (7) and (8)” substitute “sub-paragraph (7)”.
15
      (3)
In sub-paragraphs (1) and (7) (making provision as to payment when
exercising power to vary) for “paragraphs (a) to (d) of section 59(3) of the
Magistrates’ Courts Act 1980” substitute “section 1(4) and (4A) of the
Maintenance Enforcement Act 1991”.
      (4)
Omit sub-paragraphs (2) to (5) and (10) (power of justices’ clerk to vary
20
order).
      (5)
In sub-paragraph (6) (power to require account to be opened)—
(a)
for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”, and
25
(b)
for “sub-paragraphs (1) and (5)” substitute “sub-paragraph (1)”.
      (6)
Omit sub-paragraph (8) (duty to exercise powers in particular way).
      (7)
In sub-paragraph (9) (powers under paragraph only exercisable if payer
resident in England and Wales)—
(a)
omit “, or of a justices’ clerk,”, and
30
(b)
for the words from “which” to end substitute “unless at the time
when the order was made the person required to make the payments
was ordinarily resident in England and Wales.”
116
Omit paragraph 10(6) (limits on powers of magistrates’ courts to deal with
applications for alteration of maintenance agreements).
35
117
In paragraph 11 (alteration of maintenance agreement after death of one of
the parties)—
(a)
in sub-paragraph (1) (application to be made to High Court or
county court) for “a county court” substitute “the family court”,
(b)
in sub-paragraph (3) (power of High Court and county court to
40
extend time limit for application) for “a county court” substitute “the
family court”, and
(c)
omit sub-paragraph (5) (limits on jurisdiction of county court).
118
In paragraph 12 (enforcement of orders for maintenance)—