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Crime and Courts Bill (HC Bill 137)

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95 In section 26(7)(g) of the Judicial Retirement and Pensions Act 1993 omit “in
the county courts”.

96 In the Juries Act 1974—

(a) in sections 1(1), 2(1) and 12(6) for “county courts” substitute “the
5county court”, and

(b) in section 7 for “any county”, and in sections 17(2) and 23(2) for “a
county”, substitute “the county”.

97 In section 1(6A) of the Land Charges Act 1972 for “county courts” substitute
“county court”.

98 10In section 10 of the Landlord and Tenant (Requisitioned Land) Act 1942, and
in section 2(2) of the Landlord and Tenant (Requisitioned Land) Act 1944,
after “exercised” insert “in England and Wales by the county court and in
Northern Ireland”.

99 In paragraph 4 of Schedule 2 to the Leasehold Reform Act 1967—

(a) 15omit “making the order or another county court”, and

(b) for “county courts” substitute “the county court”.

100 In paragraph 4 of Schedule 14 to the Leasehold Reform, Housing and Urban
Development Act 1993 omit “or another county court”.

101 In section 194(10) of the Legal Services Act 2007 in the definition of “civil
20court” as originally enacted and as substituted by section 61 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2007 for “any county”
substitute “the county”.

102 In section 35(3) of the Limitation Act 1980 for “any county” substitute “the
county”.

103 25In paragraph (a) of the second sentence in section 1(1) of the Litigants in
Person (Costs and Expenses) Act 1975 before “in a county court” insert “in
England and Wales in the county court or in Northern Ireland”.

104 In sections 62(1) and 87(2) of the Local Government Act 1948 omit “for the
county court district in which the property in question is situated”.

105 30In the London Building Acts (Amendment) Act 1939 (c. xcvii)—

(a) in section 103(2) for “such court”, in both places, substitute “that
court”, and

(b) in section 107(1) omit “of the district in which the premises are
situate”.

106 35In Schedule 1 to the London Local Authorities Act 1996 (c. ix)—

(a) in paragraph 9(1) for “if a county” substitute “if the county”,

(b) in paragraph 10(1)(a) for “a county” substitute “the county”, and

(c) in paragraph 10(1)(c) omit “which made the order”.

107 In section 64(2)(b) of the London Local Authorities Act 2007 (c. ii) for “if a
40county” substitute “if the county”.

108 In paragraph 7 of Schedule 1 to the London Local Authorities and Transport
for London Act 2003 (c. iii) until its repeal by the Traffic Management Act
2004 is fully in force—

(a) in sub-paragraph (1)(c) omit “which made the order”,

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(b) in sub-paragraph (5) for “a district judge” substitute “the county
court”,

(c) in sub-paragraphs (6), (7) and (8)(d) for “district judge” substitute
“county court”, and

(d) 5in sub-paragraph (7) for “he” substitute “the court”.

109 In section 25 of the London Overground Wires &c. Act 1933 (c. xliv) for “any
county court having otherwise jurisdiction in the matter” substitute “the
county court”.

110 In paragraph 8(3) of Schedule 3B to the Medical Act 1983 after “made” insert
10“in England and Wales to the county court or, in Northern Ireland,”.

111 In paragraph 28 of Schedule 3 to the Medicines Act 1968 after sub-paragraph
(2) insert—

(2A) For the purposes of this paragraph, England and Wales is to be
treated as the district of the county court in England and Wales.

112 15In section 31 of the Mental Health Act 1983 for “County court rules”
substitute “rules of court”.

113 In section 5(1) of the Mobile Homes Act 1983, in paragraph (a) of the
definition of “the court”, omit “for the district in which the protected site is
situated”.

114 20In section 73 of the Offices, Shops and Railway Premises Act 1963—

(a) in subsections (1) and (2) for “county court within whose jurisdiction
the premises are situate” substitute “court”, and

(b) for subsection (3) substitute—

(3) In subsections (1) and (2) “the court”, in relation to any
25premises, means—

(a) the county court if the premises are in England and
Wales, or

(b) if the premises are in Scotland, the sheriff within
whose jurisdiction the premises are situate.

115 30In section 4(2) of the Open Spaces Act 1906 after “shall” insert “in England
and Wales be either the High Court or the county court and, in Northern
Ireland, shall”.

116 In sections 10(7), 29(4) and 29A(1) of the Osteopaths Act 1993—

(a) after “may appeal” insert “in England and Wales to the county court
35or in Northern Ireland”, and

(b) before “the sheriff” insert “to”.

117 In paragraphs 4(4) and 12(4) of Schedule 4 to the Parliamentary Standards
Act 2009 for “a county court” substitute “the county court in England and
Wales or a county court in Northern Ireland”.

118 40In section 23(2) of the Partnership Act 1890 for “or a county court,” substitute
“or the county court in England and Wales or a county court in Northern
Ireland,”.

119 In section 152 of the Pension Schemes Act 1993—

(a) in subsection (1)(a) for “county courts” substitute “the county court”,
45and

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(b) in subsection (2) for “the county court rules” substitute “rules of
court”.

120 In paragraph 11(2) of Schedule 3 to the Plant Varieties Act 1997 for “the
county court rules” substitute “rules of court”.

121 5In the Political Parties, Elections and Referendums Act 2000—

(a) in section 48(12)(a) for “or” substitute “means the county court and,
in”,

(b) in sections 77(4), 92(4) and 115(4) after “may apply” insert “in
England and Wales to the High Court or the county court or, in
10Northern Ireland,”,

(c) in sections 77(12) and 92(8) for the words after “In” substitute “its
application to Gibraltar, subsection (4) has effect as if for the words
between “apply” and “leave” there were substituted “to the Gibraltar
court for”.”, and

(d) 15in paragraphs 2(7), 6(7), 9(4) and 13(3) of Schedule 19C after “is to”
insert “(in England and Wales) the county court or (in Northern
Ireland)”.

122 Omit section 9(2) of the Protection from Eviction Act 1977 (exercise of
jurisdiction by district judges).

123 20In section 9(5) of the Protection of Children Act 1999 after “imposed” insert
“in England and Wales by the county court or in Northern Ireland”.

124 In section 32(10) of the Public Audit (Wales) Act 2004 for “courts” substitute
“court”.

125 In paragraph 6(2)(a) of Schedule A1 to the Regulation of Investigatory
25Powers Act 2000 for “a county court” substitute “the county court in England
and Wales or a county court in Northern Ireland”.

126 In section 104(1) of the Road Traffic Act 1988 (conduct of proceedings)—

(a) for “before the registrar of a” substitute “the”, and

(b) after “may” insert “, except in the county court if rules of court
30provide otherwise,”.

127 In section 113(3) of the Settled Land Act 1925 for “any county” substitute “the
county”.

128 In paragraph 9(3)(a) of Schedule 5 to the Social Security Act 1989 for “such
a” substitute “that”.

129 35In paragraph 3(1) of Schedule 4 to the Social Security Contributions
(Transfer of Functions, etc.) Act 1999 after “proceedings” insert “in England
and Wales in the county court or in Northern Ireland”.

130 In the Solicitors Act 1974—

(a) in section 61(6) for “any county” substitute “the county”,

(b) 40in section 68(2) for “that county” substitute “the county”, and

(c) in section 69(3) for “any county court in which any part of the
business was done” substitute “the county court”.

131 In section 61(3)(a) of the Taxation of Chargeable Gains Act 1992 for “county
courts” substitute “the county court”.

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132 In section 66(1) of the Taxes Management Act 1970 after “proceedings” insert
“in England and Wales in the county court or in Northern Ireland”.

133 In the Torts (Interference with Goods) Act 1977—

(a) in section 4(4)—

(i) 5for “under section”, in the first place, substitute “for the High
Court in England and Wales”,

(ii) omit “84 of the Senior Courts Act 1981”, and

(iii) omit “99 of the Supreme Court of Judicature (Consolidation)
Act 1925”,

(b) 10in section 4(5)—

(i) after “in relation to county courts” insert “in Northern
Ireland”,

(ii) after “High Court” insert “in Northern Ireland”, and

(iii) omit “84”, “99”, “of the said Act of”, “1981”, “1925”, “section
15or” and “section 75 of the County Courts Act 1984 or”,

(c) in section 4 after subsection (5) insert—

(6) Subsections (1) to (4) have effect in relation to the county
court in England and Wales as they have effect in relation to
the High Court in England and Wales.,

(d) 20in section 9(3) and (4) after “brought” insert “in England and Wales
in the county court or in Northern Ireland”,

(e) in section 9(3)—

(i) before “county court rules” insert “rules of court or”, and

(ii) for “same county” substitute “same”, and

(f) 25in section 13(3) for the words from the beginning to “if” substitute “In
this section “the court”, in relation to England and Wales, means the
High Court or the county court and, in relation to Northern Ireland,
means the High Court or a county court, save that a county court in
Northern Ireland has jurisdiction in the proceedings only if”.

134 30In section 75(1) of the Trade Marks Act 1994 for “or a county court having”
substitute “, or the county court where it has”.

135 In section 82(2)(b) of the Traffic Management Act 2004 for “if a county”
substitute “if the county”.

136 In the Tribunals, Courts and Enforcement Act 2007—

(a) 35in section 121(8) for paragraphs (a) and (b) substitute—

(aa) in relation to an administration order or an
enforcement restriction order: the county court;, and

(b) omit sections 123(6) and 131(2), and paragraph 79(2)(b) of Schedule
13.

137 40In section 67(2) of the Trustee Act 1925 for “county courts” substitute “the
county court”.

138 In section 11(1)(a) of the UK Borders Act 2007 for “a county court, in England
and Wales or” substitute “the county court in England and Wales or a county
court in”.

139 45In section 5CE(5)(a) of the Veterinary Surgeons Act 1966 for “a county court”
substitute “the county court in England and Wales or a county court in
Northern Ireland”.

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140 In paragraph 11(1) of Schedule 15 to the Water Resources Act 1991 omit “for
the area in which the land or any part of it is situated”.

Part 4 Consequential repeals

141 5The provisions specified in the Table are repealed to the extent shown.

Reference Extent of repeal
Literary and Scientific
Institutions Act 1854 (c. 112)
In section 30, “the judge of” and “aforesaid”.
Hovercraft Act 1968 (c. 59) In section 2(1), “27 to 29,”.
Senior Courts Act 1981 (c. 54) In Schedule 5, the entry for the Torts
10(Interference with Goods) Act 1977.
County Courts Act 1984 (c. 28) In Schedule 2, paragraph 64.
Administration of Justice Act
1985 (c. 61)
Section 51(1).
In Schedule 7, paragraph 7(b).
Courts and Legal Services Act
1990 (c. 41)
Section 74(4) and (5).
15In Schedule 18, in paragraph 49(3), “27(6),”.
Merchant Shipping (Salvage
and Pollution) Act 1994
(c. 28)
In Schedule 2, paragraph 7.
Merchant Shipping Act 1995
(c. 21)
In Schedule 13, paragraph 7(2) and (4).
Civil Procedure Act 1997 (c. 12) In Schedule 2, paragraph 2(4).
Constitutional Reform Act 2005
(c. 4)
In Schedule 4, paragraphs 161, 162(2), 163, 166,
20200 and 201.
Tribunals, Courts and
Enforcement Act 2007 (c. 15)
In Schedule 11, paragraph 6.
Legal Services Act 2007 (c. 29) In Schedule 16, paragraph 69(a).
Access to Justice Act 1999
(Destination of Appeals)
(Family Proceedings) Order
2009 (S.I. 2009/871)
Article 9(1) and (2).

25

Section 16

SCHEDULE 10 The family court

Part 1 30Establishment of the family court

1 In the Matrimonial and Family Proceedings Act 1984 after section 31A

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(which is inserted by section 16) insert—

31B Sittings

(1) Sittings of the family court may be held, and any other business of
the family court may be conducted, at any place in England and
5Wales.

(2) Sittings of the family court at any place may be continuous or
intermittent or occasional.

(3) Sittings of the family court may be held simultaneously to take any
number of different cases in the same place or different places, and
10the court may adjourn cases from place to place at any time.

(4) The places at which the family court sits, and the days and times at
which it sits in any place, are to be determined in accordance with
directions given by the Lord Chancellor after consulting the Lord
Chief Justice.

(5) 15The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise functions of the Lord Chief Justice under this section.

31C Judges

(1) A person is a judge of the family court if the person—

(a) 20is the Lord Chief Justice,

(b) is the Master of the Rolls,

(c) is the President of the Queen’s Bench Division,

(d) is the President of the Family Division,

(e) is the Chancellor of the High Court,

(f) 25is an ordinary judge of the Court of Appeal (including the
vice-president, if any, of either division of that court),

(g) is the Senior President of Tribunals,

(h) is a puisne judge of the High Court,

(i) is a deputy judge of the High Court,

(j) 30is a Circuit judge,

(k) is the Judge Advocate General,

(l) is a Recorder,

(m) holds an office listed—

(i) in the first column of the table in section 89(3C) of the
35Senior Courts Act 1981 (senior High Court Masters
etc), or

(ii) in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc),

(n) is a district judge (which, by virtue of section 8(1C) of the
40County Courts Act 1984, here includes a deputy district judge
appointed under section 8 of that Act),

(o) is a deputy district judge appointed under section 102 of the
Senior Courts Act 1981,

(p) is a Chamber President, or a Deputy Chamber President, of a
45chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,

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(q) is a judge of the Upper Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,

(r) is a transferred-in judge of the Upper Tribunal (see section
531(2) of that Act),

(s) is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(t) is a judge of the First-tier Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 2 to that Act,

(u) 10is a transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act),

(v) is a member of a panel of Employment Judges established for
England and Wales or for Scotland,

(w) is a person appointed under section 30(1)(a) or (b) of the
15Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General),

(x) is a District Judge (Magistrates’ Courts), or

(y) is a justice of the peace who is not a District Judge
(Magistrates’ Courts),

20but see also section 9 of the Senior Courts Act 1981 (certain ex-judges
may act as judges of the family court).

(2) A decision of the family court, if made by or by persons who
include—

(a) a judge within subsection (1)(a) to (i),

(b) 25a person who has been a judge of the Court of Appeal, or

(c) a person who has been a puisne judge of the High Court,

is (so far as relevant) to be followed by a judge within subsection
(1)(j) to (y), and by a justices’ clerk or an assistant to a justices’ clerk,
when carrying out functions of the family court unless doing so with
30a person within paragraphs (a) to (c) of this subsection.

(3) A fee-paid, or unsalaried, part-time judge of the family court may not
act as a judge of the court in relation to any proceedings in the court
in which the judge, or a partner or employer of the judge, or a body
of which the judge is a member or officer, or a body of whose
35governing body the judge is a member, is directly or indirectly
engaged as legal representative or agent for any party.

(4) In this section “legal representative” means a person who, for the
purposes of the Legal Services Act 2007, is an authorised person in
relation to an activity which constitutes the exercise of a right of
40audience or the conduct of litigation (within the meaning of that
Act).

31D Composition of the court and distribution of its business

(1) Rules may be made in accordance with Part 1 of Schedule 1 to the
Constitutional Reform Act 2005 (process for making designated
45rules) about—

(a) the composition of the family court, and

(b) the distribution of business of the family court among judges
of the court.

(2) Rules about the composition of the family court may in particular—

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(a) provide for the court to be constituted differently for the
purpose of deciding different matters;

(b) make provision about who is to preside where the court is
composed of more than one judge.

(3) 5Rules about the distribution of business of the family court may in
particular—

(a) prohibit specified judges from conducting specified business;

(b) prohibit judges from conducting specified business unless
authorised to do so by a specified judicial office holder;

(c) 10prohibit specified judges from conducting business, or
specified business, unless authorised to do so by a specified
judicial office holder;

(d) prohibit specified judges from exercising specified powers of
the court.

(4) 15In subsection (3)—

  • “judge” does not include a judge within section 31C(1)(a) to (i);

  • “specified” means specified in, or of a description specified in,
    rules under this section.

(5) Rules under this section—

(a) 20may confer powers on the Lord Chief Justice or on a judicial
office holder;

(b) may be made only after consultation with the Family
Procedure Rule Committee.

(6) Family Procedure Rules are subject to rules under this section.

(7) 25The Lord Chief Justice’s power under paragraph 2(2)(b) of Schedule
1 to the Constitutional Reform Act 2005 to nominate a judicial office
holder to make rules under this section includes power to nominate
different judicial office holders to make rules under this section for
different purposes.

(8) 30Paragraph 5 of that Schedule (duty to make rules to achieve purpose
specified by Lord Chancellor) does not apply in relation to rules
under this section.

(9) In this section “judicial office holder” has the meaning given by
section 109(4) of that Act.

(10) 35No proceedings in the family court are to be with a jury.

31E Family court has High Court and county court powers

(1) In any proceedings in the family court, the court may make any
order—

(a) which could be made by the High Court if the proceedings
40were in the High Court, or

(b) which could be made by the county court if the proceedings
were in the county court.

(2) In its application to a power of the High Court to issue a writ directed
to an enforcement officer, subsection (1)(a) gives the family court
45power to issue a warrant, directed to an officer of the family court,

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containing provision corresponding to any that might be contained
in the writ.

(3) Subsection (1) is subject to section 38(3) of the County Courts Act
1984.

(4) 5Subsection (1) is without prejudice to, and not limited by, any other
powers of the family court.

(5) The Lord Chancellor may by regulations make provision, about or in
connection with the effect or execution of warrants issued by the
family court for enforcing any order or judgment enforceable by the
10court, that corresponds to any provision applying in relation to the
effect or execution of writs issued by the High Court, or warrants
issued by the county court, for the purpose of enforcing any order or
judgment enforceable by that court.

31F Proceedings and decisions

(1) 15The family court may adjourn a hearing, and may do so at any time
including a time before the hearing has begun.

(2) Any order made by the family court—

(a) may be absolute or conditional;

(b) may be final or interim;

(c) 20may, subject to rules of court, be made without taking
evidence.

(3) Every judgment and order of the family court is, except as provided
by this or any other Act or by rules of court, final and conclusive
between the parties.

(4) 25Where the family court has power to require the doing of anything
other than the payment of money, or to prohibit the doing of
anything, an order of the court made in exercising the power may
contain provision—

(a) as to the manner in which anything is to be done,

(b) 30as to the time within which anything is to be done,

(c) as to the time during which anything is not to be done, and

(d) generally for giving effect to the order.

(5) Where the family court has power to require the payment of money,
an order of the court made in exercising the power may allow time
35for payment or order payment by instalments; and where the court
has ordered payment by instalments and default is made in the
payment of any one instalment, proceedings may be taken as if the
default had been made in the payment of all the instalments then
unpaid.

(6) 40The family court has power to vary, suspend, rescind or revive any
order made by it, including—

(a) power to rescind an order and re-list the application on
which it was made,

(b) power to replace an order which for any reason appears to be
45invalid by another which the court has power to make, and

(c) power to vary an order with effect from when it was
originally made.

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(7) Subject to rules of court, the family court may proceed in the absence
of one, some or all of the parties.

(8) The family court has the same power to enforce an undertaking
given by a solicitor in relation to any proceedings in that court as the
5High Court has to enforce an undertaking given by a solicitor in
relation to any proceedings in the High Court.

(9) In any case not expressly provided for by or in pursuance of this or
any other Act, the general principles of practice in the High Court
may be adopted and applied to proceedings in the family court.

31G 10Witnesses and evidence

(1) Subsection (2) applies where the family court is satisfied that a
person in England and Wales is likely to be able to give material
evidence, or produce any document or thing likely to be material
evidence, in proceedings in the court.

(2) 15The court may, if it is satisfied that it is in the interests of justice to do
so, issue a summons—

(a) requiring the person to attend before the court, at the time
and place specified in the summons, to give evidence,

(b) requiring the person to attend before the court, at the time
20and place specified in the summons, to produce the
document or thing, or

(c) requiring the person to produce the document or thing to the
court.

(3) Subsection (4) applies where without just excuse—

(a) 25a person fails to attend before the court in answer to a
summons under subsection (2)(a) or (b),

(b) a person fails to produce a document or thing in answer to a
summons under subsection (2)(b) or (c), or

(c) a person attending before the court, whether or not in answer
30to a summons under subsection (2), refuses to be sworn or
give evidence.

(4)
The court may—

(a) commit the person to custody until the expiry of a period not
exceeding one month specified by the court or until the
35person sooner gives evidence or produces the document or
thing, or

(b) impose on the person a fine not exceeding £2,500, or

(c) both.

(5) A fine imposed under subsection (4) is deemed, for the purposes of
40any enactment, to be a sum adjudged to be paid by a conviction of a
magistrates’ court.

(6) Where in any proceedings in the family court it appears to the court
that any party to the proceedings who is not legally represented is
unable to examine or cross-examine a witness effectively, the court is
45to—