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
208

(ii)
for the words from “which” to the 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.”
194
In paragraph 39 (who may make application) for “, 31 or 36” substitute “or
5
31”.
195
In paragraph 40(1) (application by child for revival of periodical payments
order) in the words before paragraph (a), for “a magistrates’ court”
substitute “the family court”.
196
Omit paragraphs 41 and 42 (variation by, and other powers of, a
10
magistrates’ court).
197   (1)
Paragraph 44 (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 (4) (court’s power to order repayment or partial
15
repayment, or to dismiss application) for “the court” substitute “the family
court”.
      (3)
In sub-paragraph (6) (application may be made in enforcement proceedings,
or to county court)—
(a)
after “may” insert “(but need not)”,
20
(b)
omit “in the High Court or a county court”, and
(c)
omit the words after paragraph (a) (including the “but” at the end of
that paragraph).
      (4)
Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-
paragraph (6)).
25
      (5)
In sub-paragraph (8) (liability of court officers)—
(a)
in paragraph (a)—
(i)
for “the designated officer for a magistrates’ court to whom
any payments under an order made under paragraph 2(1)(a),
or Part 2 or 3, are required to be made” substitute “an officer
30
of the family court”, and
(ii)
for “in pursuance of the order” substitute “, in pursuance of
an order under paragraph 2(1)(a), or Part 2 or 3, requiring
payments to be made to the court or an officer of the court,”,
and
35
(b)
in paragraph (b)—
(i)
for “the order” substitute “an order”, and
(ii)
for “after that date” substitute “, after the date on which that
order ceased to have effect because of the formation of a
subsequent civil partnership or marriage by the person
40
entitled to payments under it,”.
198
In paragraph 46 (application of certain provisions of the Domestic
Proceedings and Magistrates’ Court Act 1978)—
(a)
in paragraph (a) (powers of the High Court and a county court in
relation to certain orders) for “a county court” substitute “the family
45
court”, and
(b)
omit paragraphs (b) and (c) (appeals and constitution of courts).

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
209

199   (1)
Paragraph 47 (jurisdiction and procedure) is amended as follows.
      (2)
Omit sub-paragraph (1) (limits on powers of magistrates’ courts to deal with
applications for orders under Schedule 6).
      (3)
In sub-paragraph (1A) (jurisdiction of magistrates’ courts where jurisdiction
to be determined by reference to the Maintenance Regulation etc) for “a
5
magistrates’ court” substitute “the family court”.
      (4)
In sub-paragraph (2) (jurisdiction of magistrates’ court exercisable
notwithstanding that a party is not domiciled in England and Wales) for “a
magistrates’ court” substitute “the family court”.
200
For the Schedule title substitute “Financial relief: provision corresponding to
10
provision made by the Domestic Proceedings and Magistrates’ Courts Act
1978”.
201
In Schedule 7, in the definition of “the court” in paragraph 19 (in Schedule 7
“the court” includes certain county courts) for the words after “High Court”
substitute “or the family court”.
15
Childcare Act 2006 (c. 21)
202
The Childcare Act 2006 is amended as follows.
203
In section 72 (protection of children in an emergency)—
(a)
in subsection (1) (application to justice of the peace for emergency
order) for “a justice of the peace” substitute “the family court”, and
20
(b)
in subsection (2) (grounds for granting application for emergency
order) for “the justice”, in both places, substitute “the court”.
204
In section 79 (power of constable to assist in exercise of powers of entry)—
(a)
omit subsection (4) (which applies Schedule 11 to the Children Act
1989 to proceedings under section 79), and
25
(b)
in subsection (5) (meaning of “the court”) for the words after “High
Court” substitute “or the family court”.
205
In section 98F (power of constable to assist in exercise of powers of entry)—
(a)
omit subsection (5) (which applies Schedule 11 to the Children Act
1989 to proceedings under section 98F), and
30
(b)
for subsection (6) (meaning of “the court”) substitute—
“(6)
In this section “court” means the High Court or the family
court.”
Human Fertilisation and Embryology Act 2008 (c. 22)
206
In section 54(9)(a) of the Human Fertilisation and Embryology Act 2008
35
(parental orders: application of the Children Act 1989) for the words after
“England and Wales” substitute “—
(i)
“the court” means the High Court or the family court,
and
(ii)
proceedings on the application are to be “family
40
proceedings” for the purposes of the Children Act
1989,”

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 2 — Repeals and revocations in consequence of Part 1 of this Schedule
210

Children and Families (Wales) Measure 2010 (nawm 1)
207
The Children and Families (Wales) Measure 2010 is amended as follows.
208
In section 34 (protection of children in an emergency)—
(a)
in subsection (1) (application to justice of the peace for emergency
order) for “a justice of the peace” substitute “the family court”, and
5
(b)
In subsection (2) (grounds for granting application for emergency
order) for “the justice”, in both places, substitute “the court”.
209
In section 43 (power of constable to assist in exercise of powers of entry)—
(a)
omit subsection (4) (which applies Schedule 11 to the Children Act
1989 to proceedings under section 43), and
10
(b)
in subsection (5) (meaning of “the court”) for the words after “High
Court” substitute “or the family court”.
Part 2
Repeals and revocations in consequence of Part 1 of this Schedule
210
The provisions specified in the table are repealed or revoked to the extent
15
shown.

Reference
Extent of repeal or revocation

Family Law Reform Act 1969
Section 2(2).

(c. 46)

Inheritance (Provision for
Section 26(1).

20

Family and Dependants) Act

1975 (c. 63)

Domestic Proceedings and
In Schedule 2, paragraph 9.

Magistrates’ Courts Act 1978

(c. 22)

25

Magistrates’ Courts Act 1980
In Schedule 7, paragraphs 105, 109, 163 and 164.

(c. 43)

Magistrates’ Courts (Northern
In Schedule 6, paragraphs 21 and 25.

Ireland) Order 1981

(S.I. 1981/1675 (N.I. 26))

30

Matrimonial and Family
In Schedule 1, paragraphs 16 and 26.

Proceedings Act 1984 (c. 42)

Family Law Act 1986 (c. 55)
In Schedule 1, paragraph 24.

Family Law Reform Act 1987
In Schedule 2, paragraphs 13, 45, 50, 70 and

(c. 42)
89(2).

35

Children Act 1989 (c. 41)
In Schedule 13, paragraph 42.

Courts and Legal Services Act
Section 74(7).

1990 (c. 41)
In Schedule 16, paragraph 23.

Maintenance Enforcement Act
In Schedule 1, paragraphs 3, 13, 14, 18 and 21.

1991 (c. 17)
In Schedule 2, paragraphs 3 and 10.

40

Child Support Act 1991 (c. 48)
Section 45(3) to (5).

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 2 — Repeals and revocations in consequence of Part 1 of this Schedule
211

Reference
Extent of repeal or revocation

Maintenance Orders
In Schedule 1, paragraphs 2(7), 7, 9 and 15.

(Reciprocal Enforcement) Act

1992 (c. 56)

Child Support Act 1991
Article 4.

5

(Consequential

Amendments) Order 1994

(S.I. 1994/731)

Access to Justice Act 1999 (c. 22)
In Schedule 13, paragraphs 73(1) to (3), 79 and

80.

10

Child Support, Pensions and
Section 83(4).

Social Security Act 2000
In Schedule 8, paragraph 10.

Adoption and Children Act
Section 100.

2002 (c. 38)
In Schedule 3, paragraph 75.

Courts Act 2003 (c. 39)
In Schedule 8, paragraphs 69, 85, 88 to 90, 92(2),

15

151 to 153, 154(a), 155(2)(a), 157, 158(a), 159 to

163, 169, 170, 193, 194, 195(2), 196(2), 268, 269,

336, 338 and 412.

Civil Partnership Act 2004
In Schedule 27, paragraphs 91 to 94 and 96.

(c. 33)

20

Constitutional Reform Act 2005
In Schedule 4, paragraphs 171 to 174, 205, 206,

(c. 4)
210, 253 and 254.

Courts Act 2003 (Consequential
In the Schedule, paragraph 57.

Provisions) Order 2005 (S.I.

2005/886)

25

Civil Partnership (Family
Article 3.

Proceedings and Housing

Consequential Amendments)

Order 2005 (S.I. 2005/3336)

Lord Chancellor (Transfer of
In Schedule 1, paragraphs 6 and 7.

30

Functions and

Supplementary Provisions)

(No 2) Order 2006 (S.I. 2006/

1016)

Forced Marriage (Civil
In section 1, the sections 63N and 63P to be

35

Protection) Act 2007 (c. 20)
inserted into the Family Law Act 1996.

Access to Justice Act 1999
Article 3(2)(b) to (e) and (3).

(Destination of Appeals)
Articles 5 to 8.

(Family Proceedings) Order
Article 9(3).

Civil Jurisdiction and
In Schedule 7, paragraph 8.

40

Judgments (Maintenance)

Regulations 2011 (S.I. 2011/

1484)