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
201

(a)
in sub-paragraph (1) (person obliged to make maintenance
payments to give notice of change of address to person specified in
magistrates’ court order) for “a magistrates’ court” substitute “the
family court”, and
(b)
omit sub-paragraph (3) (enforcement of orders made by magistrates’
5
courts).
119
In paragraph 13 (High Court or county court may order settlement of
instrument by conveyancing counsel) for “a county court” substitute “the
family court”.
120
Omit paragraph 24(1) of Schedule 2 (enforcement of contribution orders
10
made by magistrates’ courts).
121
Omit Part 1 of Schedule 11 (jurisdiction).
Child Support Act 1991 (c. 48)
122
The Child Support Act 1991 is amended as follows.
123
In section 10(5) (magistrates’ court rules: statements as to maintenance
15
assessments)—
(a)
for “may be made under section 144 of the Magistrates’ Courts Act
1980 (rules of procedure) requiring” substitute “of court may
require”, and
(b)
for “a magistrates’ court” substitute “the family court”.
20
124
In section 32L(10) (orders preventing avoidance: interpretation), in
paragraph (a) of the definition of “the court”, after “High Court” insert “or
the family court”.
125
In section 45(2)(a) (power of Lord Chancellor to provide for certain appeals
to be made to a court: meaning of “court”) for the words after “England and
25
Wales” substitute “, the High Court or the family court; and”.
126
In section 48(1) (rights of audience for authorised officer of Commission)
after “before” insert “the family court or”.
Criminal Justice Act 1991 (c. 53)
127
In section 60(3) of the Criminal Justice Act 1991 (applications under section
30
25 of Children Act 1989 in certain cases) for “92(2) of that Act or section 65 of
the 1980” substitute “92(7) of that”.
Social Security Administration Act 1992 (c. 5)
128   (1)
In section 106 of the Social Security Administration Act 1992 (recovery of
expenditure on benefit from person liable for maintenance)—
35
(a)
in subsections (1) and (2) for “a complaint” substitute “an
application”,
(b)
in subsection (1) (complaint by Secretary of State to magistrates’
court) for “a magistrates’ court” substitute “the family court”,
(c)
in subsection (3) for “complaint” substitute “application”,
40
(d)
omit subsection (5) (enforcement of orders made by magistrates’
courts), and

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
202

(e)
in subsection (6) (application to Scotland) for the words after
“Scotland,” substitute “for the references to the family court there
shall be substituted references to the sheriff.”
      (2)
The amendments made by sub-paragraph (1) cease to have effect on the
coming into force of the repeal of section 106 of the Social Security
5
Administration Act 1992 by Schedule 7 to the Welfare Reform Act 2009.
Family Law Act 1996 (c. 27)
129
The Family Law Act 1996 is amended as follows.
130
In section 45(2)(c) (ex parte orders: prejudice resulting from delay in
effecting service) for the words from “involved—” to “case,” substitute
10
“involved”.
131
In section 46(5) (power to accept undertaking instead of making occupation
or non-molestation order does not affect other powers of High Court and
county court) for “the county court” substitute “the family court”.
132
In section 47 (arrest for breach of order)—
15
(a)
in subsection (11) (which introduces Schedule 5) for “a county court”
substitute “the family court”, and
(b)
in subsection (12) (requirements to prevent person granted bail,
following alleged breach of order, from interfering with witnesses
etc) omit “(whether in the High Court or a county court under
20
Schedule 5 or in a magistrates’ court under section 128 or 129 of the
Magistrates’ Courts Act 1980)”.
133
Section 50 (power of magistrates’ court to suspend execution of a committal
order) is repealed.
134
Section 51 (power of magistrates’ court to order hospital admission or
25
guardianship) is repealed.
135   (1)
Section 57 (jurisdiction of courts under Part 4) is amended as follows.
      (2)
In subsection (1) (default meaning of “the court”) for “the High Court, a
county court or a magistrates’ court” substitute “the High Court or the
family court”.
30
      (3)
Omit subsections (2) to (12) (jurisdiction: Lord Chancellor’s powers).
136
Section 59 (jurisdiction of magistrates’ courts under Part 4) is repealed.
137
Section 61 (appeals) is repealed.
138
In section 63(1) (interpretation of Part 4), in the definition of “the relevant
judicial authority”, for paragraphs (b) and (c) substitute—
35
“(aa)
where the order was made by the family court, a judge of that
court.”
139   (1)
Section 63M (jurisdiction of courts under Part 4A) is amended as follows.
      (2)
In subsection (1) (default meaning of “the court”) for “a county court”
substitute “the family court”.
40
      (3)
Omit subsections (2) to (4) (application of section 57(3) to (12) with
modification).

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
203

140
Section 63N (power to extend jurisdiction to magistrates’ courts) is repealed.
141
Section 63P (appeals: Part 4A) is repealed.
142
In section 63S (interpretation of Part 4A) in the definition of “the relevant
judge”, in paragraph (b) for the words after “where the order was made by”
substitute “the family court, a judge of that court”.
5
143
In section 65 (rules, regulations and orders)—
(a)
in subsection (3) omit “, 63N”, and
(b)
in subsection (4) omit “or 63N”.
144   (1)
Paragraph 1 of Schedule 5 (powers to remand: meaning of “the court”) is
amended as follows.
10
      (2)
In the words before paragraph (a) for “a county court” substitute “the family
court”.
      (3)
In paragraph (b) for the words after “in relation to” substitute “the family
court, a judge of that court”.
145
In paragraph 1 of Schedule 7 (transfer of certain tenancies on divorce etc or
15
on separation of cohabitants: interpretation) for the definition of “the court”
substitute—
““the court” means the High Court or the family court,”.
Crime and Disorder Act 1998 (c. 37)
146
The Crime and Disorder Act 1998 is amended as follows.
20
147   (1)
Section 11 (child safety orders) is amended as follows.
      (2)
In subsection (1) (application to magistrates’ court for child safety order) for
“a magistrates’ court” substitute “the family court”.
      (3)
In subsection (6) (proceedings for child safety order to be family proceedings
for the purposes of certain enactments) omit “or section 65 of the
25
Magistrates’ Courts Act 1980 (“the 1980 Act”)”.
148   (1)
Section 12 (child safety orders: supplemental) is amended as follows.
      (2)
In subsection (1) (information to be obtained by magistrates’ court before
making child safety order) for “a magistrates’ court” substitute “the family
court”.
30
      (3)
In subsection (2) (explanation to be given by magistrates’ court to parent or
guardian) for “a magistrates’ court” substitute “the family court”.
      (4)
In subsection (6) (powers of magistrates’ court where child has failed to
comply with child safety order) omit “or another magistrates’ court acting in
the same local justice area”.
35
149
Omit section 13 (appeals to county court against child safety orders).
150
In section 13B(7) (parental compensation orders: offence) for “the 1980 Act”
substitute “the Magistrates’ Courts Act 1980 (“the 1980 Act”)”.
Adoption and Children Act 2002
151
The Adoption and Children Act 2002 is amended as follows.
40

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
204

152
In section 13 (information concerning adoption)—
(a)
in subsection (2) (court officers who are to provide information) for
paragraphs (a) and (b) substitute—
“(aa)
the relevant officer of the family court, and”
(b)
in subsection (3) (meaning of “relevant officer” in relation to county
5
court and High Court) for “a county” substitute “the family”.
153
Omit section 55(2) (revocation of adoptions on legitimation: interpretation in
relation to magistrates’ courts).
154
In section 60 (disclosure of information to adopted adult)—
(a)
in subsection (2)(a) (High Court power by order to prohibit
10
disclosure) after “High Court” insert “or family court”,
(b)
in subsection (3) (supplementary provision about orders under
subsection (2)(a)) after “High Court” insert “or family court”.
155
In section 92(1) (steps which may not be taken except by an adoption agency
or in pursuance of High Court order) after “High Court” insert “or the family
15
court”.
156
In section 95(1)(d) (offences relating to payment for steps taken in
contravention of section 92(1)) after “High Court” insert “or family court”.
157
In section 101(1) (proceedings in High Court or county court may be heard
in private) for “a County Court” substitute “the family court”.
20
158
Omit section 141(5) (rules of procedure: magistrates’ courts).
159
In section 144(1) (interpretation), for the definition of “court” substitute—
““court” means the High Court or the family court,”
Gender Recognition Act 2004 (c. 7)
160
In section 8 of the Gender Recognition Act 2004 (appeals against decision of
25
Gender Recognition Panel etc) in subsections (1) and (5) after “High Court”
insert “, family court”.
Civil Partnership Act 2004 (c. 33)
161
The Civil Partnership Act 2004 is amended as follows.
162
For section 37(4)(b) (in Chapter 2 of Part 2 “the court” includes certain county
30
courts) substitute—
“(b)
the family court.”
163
In section 46(5)(a) (periods which may be treated for the purposes of section
44(5)(d) as periods during which respondent has deserted applicant) for “or
a county court” substitute “, the family court or the county court”.
35
164
In section 58 (application for declaration may be made to High Court or
county court) for “a county court” substitute “the family court”.
165   (1)
Section 66 (disputes between civil partners about property) is amended as
follows.
      (2)
For subsection (1)(b) (application may be made to county court prescribed
40
by rules of court) substitute—
“(b)
the family court.”

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
205

      (3)
Omit subsection (3) (no limits on jurisdiction of county court under
subsection (2)).
166
For section 220(b) (in sections 221 to 224 “the court” includes certain county
courts) substitute—
“(b)
the family court.”
5
167   (1)
Part 2 of Schedule 1 (special provisions about civil partnerships which are
prohibited unless paragraph 2(1) conditions are met) is amended as follows.
      (2)
In paragraph 6(2) (civil partnership schedule not to be issued if alleged that
paragraph 2(1) conditions not met, unless High Court declaration obtained
under paragraph 7) omit “High Court”.
10
      (3)
In paragraph 7 (application to High Court for declaration) after “High
Court” insert “or the family court”.
168   (1)
Paragraph 15 of Schedule 2 (civil partnership of persons aged 16 or 17:
meaning of “the court” and provision about rules of court) is amended as
follows.
15
      (2)
In sub-paragraph (1) (“the court” includes certain county courts and
magistrates’ courts)—
(a)
after paragraph (a) insert “or”, and
(b)
for paragraphs (b) and (c) substitute—
“(c)
the family court.”
20
      (3)
In sub-paragraph (2) (rules of court)—
(a)
omit paragraph (b), and
(b)
in paragraph (c) for “a magistrates’ court” substitute “the family
court”.
169
Schedule 5 (financial relief in the High Court or a county court etc) is
25
amended as follows.
170
In paragraph 63(2) (payment of certain arrears under certain orders
unenforceable without leave of the court) for “any county court” substitute
“the family court”.
171   (1)
Paragraph 64 (orders for repayment in certain cases of sums paid under
30
certain orders) is amended as follows.
      (2)
In sub-paragraph (7) (application may be made in certain proceedings, or to
county court) for “a county court”, in each place, substitute “the family
court”.
      (3)
Omit sub-paragraph (8) (no limits on jurisdiction of county court under sub-
35
paragraph (7)).
172   (1)
Paragraph 65 (orders for repayment in certain cases of sums paid after
cessation of order by reason of formation of subsequent civil partnership or
marriage) is amended as follows.
      (2)
In sub-paragraph (6) (application may be made in certain proceedings, or to
40
county court) for “a county court”, in each place, substitute “the family
court”.
      (3)
Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-
paragraph (6)).

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
206

      (4)
In sub-paragraph (8)(a) (liability of court officers in respect of orders for
periodical payments)—
(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”, and
5
(b)
for “in pursuance of the payments order” substitute “, in pursuance
of a payments order requiring payments to be made to the court or
an officer of the court,”.
      (5)
In sub-paragraph (10) (interpretation) for paragraphs (b) and (c) substitute
“or
10
(aa)
the officer of the family court,”.
173
In paragraph 69 (alteration of maintenance agreements where both parties
are living)—
(a)
in sub-paragraph (1) (courts to which application for alteration may
be made) omit “or, subject to sub-paragraph (6), to a magistrates
15
court”,
(b)
in sub-paragraph (6) (power to make order for alteration is subject to
paragraphs 70 and 71) for “paragraphs 70 and” substitute
“paragraph”.
174
Omit paragraph 70 (limits on powers of magistrates’ court to deal with
20
applications for alterations).
175
In paragraph 73 (alterations of maintenance agreements after death of one
party)—
(a)
in sub-paragraph (2) (application for alteration may be made to High
Court or county court) omit the words from “High” to “county”, and
25
(b)
in sub-paragraph (4) (court’s permission needed to make late
application) omit the words from “High” to “county”.
176
For paragraph 80(3)(b) (in Schedule 5 “the court” includes certain county
courts) substitute—
“(b)
the family court.”
30
177
For the Schedule title substitute “Financial relief: provision corresponding to
provision made by Part 2 of the Matrimonial Causes Act 1973”.
178
Schedule 6 (financial relief in magistrates’ courts etc) is amended as follows.
179
In paragraph 1(1) (grounds of application to magistrates’ court for order for
financial provision) for “a magistrates’ court” substitute “the family court”.
35
180
Omit paragraph 8 (refusal of order in case more suitable for High Court).
181
In paragraph 9(1) (application for order for payments agreed between
parties to a civil partnership) for “a magistrates’ court” substitute “the family
court”.
182
In paragraph 15(1) (powers of court where parties living apart by
40
agreement) for “a magistrates’ court” substitute “the family court”.
183   (1)
Paragraph 20 (circumstances in which interim orders may be made) is
amended as follows.
      (2)
In sub-paragraph (2) (circumstances in which magistrates’ court may make
order)—
45

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
207

(a)
for “A magistrates’ court” substitute “The family court”, and
(b)
omit paragraph (b) (interim order may be made on refusal of order
on grounds that case more suitable for High Court) and the “or”
preceding it.
      (3)
Omit sub-paragraph (3) (circumstances in which High Court may make
5
interim order).
184
Omit paragraph 23 (interim orders: payments which can be treated as
having been paid on account).
185   (1)
Paragraph 24 (when interim order ceases to have effect) is amended as
follows.
10
      (2)
In sub-paragraph (1)(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”.
      (3)
In sub-paragraph (2) (interim order may be continued in force by order of
court)—
15
(a)
in paragraph (a) for “the magistrates’ court which made the order,
or” substitute “the family court,”, and
(b)
omit paragraph (b).
186
Omit paragraph 25(1) (interim order of High Court on ordering rehearing by
magistrates’ court to be treated, for certain purposes, as an order of that
20
magistrates’ court).
187
In paragraph 29(6) (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”.
188
In paragraph 30 (variation, revocation, suspension and revival of orders for
25
periodical payments) in each of sub-paragraphs (1) and (2) for “a
magistrates’ court” substitute “the family court”.
189
In paragraph 31 (power to order lump sum on variation) in each of sub-
paragraphs (1) and (2) for “a magistrates’ court” substitute “the family
court”.
30
190
In paragraph 35(1) (powers exercisable on varying an order) for “59(3)(a) to
(d) of the Magistrates’ Courts Act 1980 (c. 43)” substitute “1(4) and (4A) of
the Maintenance Enforcement Act 1991”.
191
Omit paragraph 36 (variation by justices’ clerk).
192
In paragraph 37 (exercise of powers)—
35
(a)
in sub-paragraph (1) for “59(3)(a) to (d) of the 1980” substitute “1(4)
and (4A) of the 1991”, and
(b)
omit sub-paragraph (2).
193
In paragraph 38 (further provision about exercise of powers)—
(a)
in sub-paragraph (1)—
40
(i)
for “59(4) of the 1980” substitute “1(6) of the 1991”,
(ii)
for “paragraphs 35 and 36(4)” substitute “paragraph 35”, and
(iii)
for “59” substitute “1 of the 1991 Act”, and
(b)
in sub-paragraph (2)—
(i)
omit “, or of a justices’ clerk,”, and
45