(4) In subsections (1)(d)(ii) and (4)(a) (maintenance payments) for the words
between “or” and “for” substitute “the family court”.

(5) In subsection (4)—

(a) omit paragraph (b) and the “or” preceding it, and

(b) 5in the words after paragraph (b), omit the words after “1869”.

24 In section 6(7) (meaning of “collecting officer”)—

(a) in paragraph (a)(ii) after “of” insert “the family court or”, and

(b) after paragraph (a) insert—

“(aa) in the case of an order made by the family court, the
10appropriate officer of that court;”.

25 In section 8(3) (order ceases to have effect when warrant issued) omit the
words after “related maintenance order”.

26 In section 10 (reduction of normal deduction rate)—

(a) in subsection (2) for “a county” substitute “the family”, and

(b) 15omit subsection (3) (magistrates’ courts).

27 In section 11(1)(a) (registered maintenance orders) for the words after
“provides” substitute “for the registration in the family court of a High Court
maintenance order);”.

28 In section 15D (interpretation of sections 15A to 15C) after subsection (2)
20insert—

“(2A) If the lapsed order was made by the family court, the proper
authority is the family court.”

29 In section 16(2)(d) (power of collecting officer) for “magistrates’ court”
substitute “family court”.

30 (1) 25Section 18 (collecting officers of magistrates’ courts) is amended as follows.

(2) In subsection (1)—

(a) for the words before paragraph (a) substitute “Where payments
under a maintenance order are payable to the family court or an
officer of the family court for transmission to a person, no officer of
30the family court is to—”, and

(b) in the words after paragraph (c) for “him” substitute “the family
court or an officer of that court”.

(3) In subsection (2) for “the designated officer for a magistrates’ court”
substitute “an officer of the family court”.

(4) 35Omit subsection (3).

31 (1) Section 20 (persons residing outside England and Wales) is amended as
follows.

(2) In subsection (1)—

(a) for “a magistrates’ court”, in both places, substitute “the family
40court”, and

(b) for “a complaint”, in both places, substitute “an application”.

(3) In subsections (2) to (4) for “complaint”, in each place, substitute
“application”.

(4) In subsection (4) for “complainant” substitute “applicant”.

32 In section 21 (costs on application under section 16)—

(a) in subsection (1) omit “(but subject to section 18(2)(b) of this Act)”,
and

(b) 5in subsection (2) for the words from “deemed—” to “otherwise,”
substitute “deemed”.

33 In section 23 (enforcement) after subsection (10) insert—

“(10A) This section applies in relation to the family court as it applies in
relation to the county court, but as if the reference in subsection (8)
10to section 129 of the County Courts Act 1984 were a reference to
section 31L(1) of the Matrimonial and Family Proceedings Act 1984.”

Matrimonial Causes Act 1973 (c. 18)Matrimonial Causes Act 1973 (c. 18)

34 In section 48(2) (nullity proceedings to be in private unless judge otherwise
directs) for “judge” substitute “court”.

15Litigants in Person (Costs and Expenses) Act 1975 (c. 47)Litigants in Person (Costs and Expenses) Act 1975 (c. 47)

35 In paragraph (a) of the second sentence in section 1(1) of the Litigants in
Person (Costs and Expenses) Act 1975 before “in the Senior” insert “in the
family court,”.

Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)

36 (1) 20The Inheritance (Provision for Family and Dependants) Act 1975 is amended
as follows.

(2) In section 15(1) (restriction imposed in divorce proceedings etc on
application under the 1975 Act: meaning of “the court”) for the words from
“, where a county court has jurisdiction” to the end substitute “the family
25court”.

(3) In section 15ZA(2) (restriction imposed in proceedings for the dissolution etc
of a civil partnership on application under the 1975 Act: meaning of “the
court”) for the words from “, where a county court has jurisdiction” to the
end substitute “the family court”.

(4) 30In section 15A(1) (restriction imposed in proceedings under Matrimonial
and Family Proceedings Act 1984 on application under the 1975 Act:
meaning of “the court”) for the words from “, where a county court has
jurisdiction” to the end substitute “the family court”.

(5) In section 15B(2) (restriction imposed in proceedings under Schedule 7 to the
35Civil Partnership Act 2004 on application under the 1975 Act: meaning of
“the court”) for the words from “, where a county court has jurisdiction” to
the end substitute “the family court”.

Torts (Interference with Goods) Act 1977 (c. 32)Torts (Interference with Goods) Act 1977 (c. 32)

37 In section 4 of the Torts (Interference with Goods) Act 1977 (interlocutory

relief where goods are detained) after subsection (5) insert—

“(6) Subsections (1) to (4) apply in relation to the family court in England
and Wales as they apply in relation to the High Court in England and
Wales, but as if references in those subsections to rules of court
5(including references to rules of court under any particular
enactment) were references to Family Procedure Rules.”

Charging Orders Act 1979 (c. 53)Charging Orders Act 1979 (c. 53)

38 (1) The Charging Orders Act 1979 is amended as follows.

(2) In sections 1(1) and (6), 3(4A)(a) and 6(2) (charging orders in respect of
10orders of certain courts) after “High Court”, in each place, insert “or the
family court”.

(3) In section 1(2)(b) (enforcement of High Court maintenance order) for “a
county” substitute “the family”.

(4) In section 1(2) (meaning of “appropriate court”) after paragraph (b) insert—

“(ba) 15in a case where paragraph (a) does not apply and the order to
be enforced is an order of the family court, the family court;”.

(5) In section 1(2)(c) for “neither paragraph (a) nor paragraph (b)” substitute
“none of paragraphs (a), (b) and (ba)”.

Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

39 20The Magistrates’ Courts Act 1980 is amended as follows.

40 In section 58(2) (sums recoverable summarily as a civil debt) omit paragraph
(a) (including the “or” at the end).

41 (1) Section 59 (orders for periodical payment: means of payment) is amended as
follows.

(2) 25In subsection (1) (duty to exercise powers under subsection (3))—

(a) omit the words from “then” preceding paragraph (a) to
“maintenance order,” in paragraph (b), and

(b) for “that subsection” substitute “subsection (3) below”.

(3) Omit subsections (2), (3)(cc), (3A), (5), (7) to (12) (maintenance orders).

(4) 30In subsection (3) omit paragraphs (c) to (d).

42 (1) Section 59A (orders for periodical payment: proceedings by designated
officer) is amended as follows.

(2) In subsections (1) and (2) for “a relevant UK order” substitute “an order
made by a magistrates’ court”.

(3) 35In subsection (7) (interpretation)—

(a) in the definition of “the relevant designated officer”—

(i) after paragraph (a) insert “and”, and

(ii) omit paragraph (c) and the “and” preceding it,

(b) omit the definition of “relevant UK order”, and

(c) 40omit the words after that definition.

43 Omit section 59B (power of magistrates’ court to impose penalty for breach
of certain maintenance orders).

44 In section 60 (variation etc of orders for periodical payments)—

(a) omit subsections (3) to (10B) (which relate to maintenance orders),
5and

(b) in subsection (11) (interpretation) omit paragraph (b) and the “and”
preceding it.

45 In section 61(2) in the definition of “periodical payments order” omit the
words from “, or registered” to “1958,”.

46 (1) 10Section 62 (payments required to be made to a child) is amended as follows.

(2) In subsection (1) omit paragraph (b) and the “or” preceding it.

(3) In subsection (3) omit “or registered in”.

(4) Omit subsection (6) (meaning of “registered”).

47 In section 64 (costs)—

(a) 15omit subsections (1A), (4) and (4A),

(b) in subsection (2) omit “or (4A)”, and

(c) in subsection (3) omit “Subject to subsection (4) below,”.

48 Omit sections 65 to 67, 68A, 69, 70, 71, 73, 74 and 75(2A) to (2C) (family
proceedings in magistrates’ courts).

49 20Omit—

(a) sections 76(4) to (6), 92(1)(a) and 93 to 95 (enforcement of
maintenance orders),

(b) in section 80(1) the words “or has ordered the enforcement of a sum
due from a person under a magistrates’ court maintenance order”,
25and

(c) in section 100 (evidence) paragraph (b) and the “or” preceding it.

50 (1) Section 111A (appeals on ground of error of law etc in family proceedings in
a magistrates’ court) is amended as follows.

(2) In subsection (1) for “family proceedings” substitute “proceedings under the
30Child Support Act 1991”.

(3) In subsection (2) (appeal to a county court) for “a county” substitute “the
family”.

(4) In subsection (3)(a) (other rights to appeal exclude right under subsection
(2)) before “against” insert “or the family court”.

(5) 35Omit subsection (5) (meaning in the section of “family proceedings”).

(6) In the title for “family” substitute “child support”.

51 In section 112(2) (decisions on appeals under section 111A) for “a county”
substitute “the family” in both places.

52 In section 144 (procedure rules for civil proceedings in magistrates’ courts
40and before justices’ clerks) after subsection (1) insert—

“(1ZA) Subsection (1) does not apply in relation to functions of justices’
clerks given under section 31O(1)(a), or specified in section 31O(2),

of the Matrimonial and Family Proceedings Act 1984 (functions in
the family court).”

Contempt of Court Act 1981 (c. 49)Contempt of Court Act 1981 (c. 49)

53 In section 14 of the Contempt of Court Act 1981 (penalties for contempt of
5court) but not in that section in its application to Northern Ireland (which in
its application to Northern Ireland has effect as set out in Schedule 4 to that
Act) before subsection (5) insert—

“(4B) The preceding provisions of this section do not apply to the family
court, but—

(a) 10this is without prejudice to the operation of section 31E(1)(a)
of the Matrimonial and Family Proceedings Act 1984 (family
court has High Court’s powers) in relation to the powers of
the High Court that are limited or conferred by those
provisions of this section, and

(b) 15section 31E(1)(b) of that Act (family court has county court’s
powers) does not apply in relation to the powers of the
county court that are limited or conferred by those provisions
of this section.”

Senior Courts Act 1981 (c. 54)1981 (c. 54)

54 20The Senior Courts Act 1981 is amended as follows.

55 In section 33 (powers of High Court exercisable before commencement of
action) after subsection (2) insert—

“(3) This section applies in relation to the family court as it applies in
relation to the High Court.”

56 25In section 34 (powers of High Court to order disclosure or inspection of
documents or property of non-party) after subsection (4) insert—

“(5) Subsections (2) and (3) apply in relation to the family court as they
apply in relation to the High Court.”

57 In section 35(1) (limits on High Court’s power to make orders under sections
3033 and 34) for “The High Court” substitute “A court”.

58 In section 37 (powers of High Court to grant injunctions or appoint
receivers) after subsection (5) insert—

“(6) This section applies in relation to the family court as it applies in
relation to the High Court.”

59 35In section 39(1) (powers of High Court to order documents to be executed or
indorsed by nominated person)—

(a) in the words before paragraph (a) after “High Court” insert “or
family court”, and

(b) in paragraph (b) for “the High Court” substitute “that court”.

60 40In section 42(1)(a) and (b) (engaging in vexatious civil proceedings is ground
for High Court making order under the section) after “High Court” insert “or
the family court”.

61 (1) Section 51 (costs) is amended as follows.

(2) In subsection (1) (section applies to civil division of Court of Appeal, High
Court and county court) before the “and” at the end of paragraph (b) insert—

“(ba) the family court;”.

(3) In subsection (8)(b) (proceedings commenced in High Court that should
5have been commenced in county court) before “in accordance” insert “or
family court”.

62 In section 70 (assessors) after subsection (4) insert—

“(5) Subsections (1) and (2) apply in relation to the family court as they
apply in relation to the High Court.”

63 10In Schedule 1 (distribution of business in High Court) omit paragraph 3(d)
(appeals from enforcement decisions of magistrates’ courts in relation to
certain family matters).

County Courts Act 1984 (c. 28)County Courts Act 1984 (c. 28)

64 The County Courts Act 1984 is amended as follows.

65 15In section 4(1) (certain public buildings may be used for county court sittings
free of charges other than charges for light, heat and cleaning) before “, there
is a building” insert “or a sitting of the family court is held”.

66 (1) In section 38(3) (county court does not have power to make certain orders)
for “A county court shall not have” substitute “Neither the county court nor
20the family court has”.

(2) In section 38(4) (regulations about orders which court may not make) after
paragraph (d) insert “; and

(e) may make different provision for different purposes.”

67 Omit sections 40(9) and 42(8) and, in section 41(2), the words after
25“prerogative orders)” (references to family jurisdiction of county court).

68 In section 57 (evidence of prisoners) after subsection (4) insert—

“(5) This section applies in relation to the family court as it applies in
relation to the county court.”

69 In section 61 (rights of audience by direction) after subsection (3) insert—

“(3A) 30Subsections (1) to (3) apply in relation to the family court as they
apply in relation to the county court.”

70 In section 71 (satisfaction of orders for payment of costs etc) after subsection
(2) insert—

“(3) Subsections (1) and (2), so far as relating to costs, apply in relation to
35the family court as they apply in relation to the county court.”

71 In section 131 (appointment of auditors etc) after “controlling the accounts
of” insert “the family court or”.

72 In section 132 (payments of expenses etc)—

(a) in paragraph (b) (costs of books etc) after “offices” insert “, and the
40family court and its offices,”,

(b) in paragraph (c) (costs of transport to prison) after “committed by”
insert “the family court or”, and

(c) in paragraph (d) (all other expenses arising out of any jurisdiction
conferred) after “conferred” insert “on the family court or any officer
of the family court or”.

Administration of Justice Act 1985 (c. 61)Administration of Justice Act 1985 (c. 61)

73 5In section 53(2) of the Administration of Justice Act 1985 (costs where judge
unable to act) before the “and” at the end of paragraph (b) insert—

“(ba) proceedings in the family court;”.

Insolvency Act 1986 (c. 45)Insolvency Act 1986 (c. 45)

74 In section 281(8) of the Insolvency Act 1986 (discharge does not release
10bankrupt from bankruptcy debt arising under order made in family
proceedings), in the definition of “family proceedings”, for paragraph (a)
(but not the “and” following it) substitute—

“(a) proceedings in the family court;”.

Children Act 1989 (c. 41)Children Act 1989 (c. 41)

75 15In section 97 of the Children Act 1989 (privacy for children involved in
certain proceedings)—

(a) omit subsections (1), (7) and (8) (which relate to certain family
proceedings in magistrates’ courts), and

(b) in subsection (2) (restrictions on publication) for “, a county court or
20a magistrates’ court” substitute “or the family court”.

Courts and Legal Services Act 1990 (c. 41)Courts and Legal Services Act 1990 (c. 41)

76 (1) The Courts and Legal Services Act 1990 is amended as follows.

(2) In section 1(1) (allocation of business between High Court and county
court)—

(a) 25in paragraph (a) (conferring jurisdiction on High Court) after
“which” insert “the family court or”,

(b) in paragraph (b) (conferring jurisdiction on county court) after “on”
insert “the family court or”,

(c) in paragraph (c) (allocating proceedings) after “High Court” insert
30“or to the family court”,

(d) after paragraph (d) insert—

“(da) specifying proceedings which may be commenced
only in the family court,”, and

(e) after paragraph (f) insert—

“(fa) 35specifying proceedings which may be taken only in
the family court;”.

(3) In section 1(3) (criteria for distinguishing categories of proceedings) after
paragraph (c) insert—

“(ca) any relationship between the proceedings and any other
40proceedings;”.

(4) In section 1(7)(a) (power to make consequential amendments) after sub-

paragraph (ii) insert “or

(iii) the jurisdiction, practice or procedure of the family
court,”.

(5) In section 1(10) (no power to confer judicial review jurisdiction on county
5court) after “on” insert “the family court or”.

(6) In the title of section 1 after “High Court” insert “family court”.

(7) Omit sections 9 and 10 (allocation of family proceedings in county court and
rules about family proceedings in magistrates’ courts).

(8) In section 11 (representation in certain county court cases)—

(a) 10 after subsection (9) insert—

“(9A) This section applies in relation to the family court as it applies
in relation to the county court.”, and

(b) in the title after “county court” insert “and family court”.

Maintenance Enforcement Act 1991 (c. 17)Maintenance Enforcement Act 1991 (c. 17)

77 (1) 15Section 1 of the Maintenance Enforcement Act 1991 (High Court and county
court maintenance orders) is amended as follows.

(2) For “a county court”, in each place, substitute “the family court”.

(3) After subsection (1) insert—

“(1A) Where the family court makes a qualifying periodical maintenance
20order, it may at the same time exercise any of its powers under
subsection (4A) below in relation to the order, whether of its own
motion or on an application made under this subsection by an
interested party.”

(4) After subsection (3) insert—

“(3A) 25Where the family court has made a qualifying periodical
maintenance order, it may at any later time—

(a) on an application made under this subsection by an
interested party, or

(b) of its own motion, in the course of any proceedings
30concerning the order,

exercise any of its powers under subsection (4A) below in relation to
the order.”

(5) After subsection (4) insert—

“(4A) The powers mentioned in subsections (1A) and (3A) above are—

(a) 35the power to order that payments under the qualifying
periodical maintenance order in question be made to the
court or an officer of the court;

(b) the power to order that payments under the qualifying
periodical maintenance order in question required to be to
40the court, or an officer of the court, are to be so made by such
method of payment falling within subsection (5) below as the
court may specify in the particular case; or

(c) the power to order that payments under the qualifying
periodical maintenance order in question be made in

accordance with arrangements for their collection made by
the Secretary of State under section 30 of the Child Support
Act 1991 and regulations made under that section.”

(6) In subsection (5) (methods of payment) after paragraph (b) insert “; or

(c) 5any method of payment specified in regulations made by the
Lord Chancellor.”

(7) In subsection (6)(a) after “(4) above” insert “or under paragraph (b) of
subsection (4A) above”.

(8) In subsection (7) (powers where order made under subsection (4)(a))—

(a) 10for “or (3)” substitute “, (1A), (3) or (3A)”, and

(b) after “(4)(a)” insert “or (4A)”.

(9) After subsection (8) insert—

“(8A) No order made by the family court under subsection (4) or (4A)(a) or
(b) above has effect at any time when the Secretary of State is, under
15section 30 of the Child Support Act 1991 and regulations made under
that section, arranging for the collection of payments under the
qualifying periodical maintenance order in question.”

(10) After subsection (10) insert—

“(11) The power of the Lord Chancellor to make regulations under
20subsection (5)(c) above is exercisable by statutory instrument, and a
statutory instrument containing regulations under subsection (5)(c)
is subject to annulment in pursuance of a resolution of either House
of Parliament.”

(11) In the title, and in the preceding italic heading, for “county courts” substitute
25“family court”.

Access to Justice Act 1999 (c. 22)Access to Justice Act 1999 (c. 22)

78 The Access to Justice Act 1999 is amended as follows.

79 In section 54(1) (rules may require permission to appeal) after paragraph (a)
insert—

“(aa) 30the family court,”.

80 In section 55(1) (limitations on right to appeal to Court of Appeal against a
decision made on an appeal) before “or the High Court” insert “, the family
court”.

81 In section 56(1) (power to prescribe alternative appellate court) after
35paragraph (a) insert—

“(aa) the family court,”.

82 In section 57(1) (appeals otherwise than to Court of Appeal may be
redirected there)—

(a) before “or the High Court” insert “, the family court”, and

(b) 40after paragraph (b) insert “or

(c) the President of the Family Division where it is the
family court from which or to which the appeal is
made, or from which permission to appeal is
sought,”.

Courts Act 2003 (c. 39)Courts Act 2003 (c. 39)

83 The Courts Act 2003 is amended as follows.

84 In section 1(1) (Lord Chancellor’s general duty to ensure that support
systems and services, including staff and accommodation, are provided for
5certain courts) for the “and” at the end of paragraph (b) substitute—

“(ba) the family court, and”.

85 In section 18(5)(a) (presiding at sittings of justices) omit “or family
proceedings court”.

86 In section 19(2)(e) (committees may be established under rules to advise on
10authorisation of justices for specific purposes) for “members of family
proceedings courts or” substitute “judges of the family court or as members
of”.

87 (1) Section 28 (functions of justices’ clerks and assistant clerks) is amended as
follows.

(2) 15After subsection (2) insert—

“(2A) Subsection (2) does not apply in relation to functions of a justices’
clerk given under section 31O(1)(a), or specified in section 31O(2), of
the Matrimonial and Family Proceedings Act 1984 (functions in the
family court, but see section 31O(1)(b) of that Act).”

(3) 20After subsection (5) insert—

“(5A) For the purposes of subsections (1) to (5) the functions of justices of
the peace do not include functions as a judge of the family court.”

(4) Omit subsection (9)(b) (requirement to consult Family Procedure Rule
Committee) but not the “and” following it.

88 25Omit section 30(6) (exclusion of family proceedings).

89 In section 34(2) (no order for costs in legal proceedings to be made against
justices’ clerk or assistant in respect of acts or omissions in exercising
functions of a single justice of the peace) after “function of a single justice of
the peace” insert “or a function of the family court or of a judge of that court.”

90 30In section 66 (judges having powers of District Judges (Magistrates’ Courts))
omit—

(a) in subsection (1), paragraph (b) and the “and” preceding it, and

(b) subsection (4).

91 (1) Section 75 (Family Procedure Rules) is amended as follows.

(2) 35In subsection (1) (family proceedings in certain courts to be governed by
Family Procedure Rules) omit the words after “proceedings”.

(3) For subsection (3) (meaning of “family proceedings”) substitute—

“(3) Family proceedings” means—

(a) proceedings in the family court, and

(a) 40proceedings in the Family Division of the High Court which
are business assigned, by or under section 61 of (and
Schedule 1 to) the Senior Courts Act 1981, to that Division of
the High Court and no other.”