Crime and Courts Bill (HC Bill 137)
SCHEDULE 10 continued PART 2 continued
Contents page 80-95 96-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-279 280-289 Last page
Crime and Courts BillPage 180
(4)
In subsection (4) (differential provision) before “different areas” insert
“different cases or”.
92
(1)
Section 76 (further provision about scope of Family Procedure Rules) is
amended as follows.
(2) 5In subsection (2) (provision that may be made by rules)—
(a) after the “and” at the end of paragraph (a) insert—
“(aa)
provide, subject to any provision that may be made in
rules under section 31O(1) of the Matrimonial and
Family Proceedings Act 1984, for any functions of a
10court in family proceedings to be carried out by
officers or other staff of the court.” and
(b) omit paragraph (b).
(3)
In subsection (3) (rules may modify rules of evidence) omit the words after
“proceedings”.
93
(1)
15Section 77(2) (membership of Family Rule Procedure Committee) is
amended as follows.
(2) Omit paragraphs (i) and (l).
(3)
In paragraphs (j) and (m) for “magistrates’ courts” substitute “the family
court”.
94
(1)
20Section 81 (practice directions relating to family proceedings) is amended as
follows.
(2) In subsection (1)—
(a)
in paragraph (za) after “Court of Appeal” insert “in proceedings on
appeal from the Family Division of the High Court or from the
25family court”, and
(b) for the words after paragraph (za) substitute—
“(zb)
the Family Division of the High Court in proceedings
which are business assigned, by or under section 61 of
(and Schedule 1 to) the Senior Courts Act 1981, to that
30Division of the High Court and no other, and
(aa) the family court.””
(3)
In subsection (2) for the words “of those courts in family proceedings”
substitute “mentioned in subsection (1) which are”.
(4)
In subsection (2A) for “of any relevant court in family proceedings”
35substitute “mentioned in subsection (1)”.
(5)
In subsection (3)(a) for “of any relevant court in family proceedings,”
substitute “mentioned in subsection (1),”.
(6) In subsection (5) omit the definition of “relevant court”.
95
In section 92(1) (power to prescribe fees for things dealt with by certain
40courts) after paragraph (a) insert—
“(aa) the family court,”.
Constitutional Reform Act 2005 (c. 4)Constitutional Reform Act 2005 (c. 4)
96 The Constitutional Reform Act 2005 is amended as follows.
Crime and Courts BillPage 181
97
In section 7(4) (courts of which Lord Chief Justice is president) after the entry
for the Crown Court insert—
-
“the family court”.
Legal Services Act 2007 (c. 29)Legal Services Act 2007 (c. 29)
98
(1)
5For paragraph 1(7)(c) of Schedule 3 to the Legal Services Act 2007 (rights of
audience in chambers of exempt persons) substitute—
“(c)
the proceedings are not reserved family proceedings and
are being heard in chambers—
(i) in the High Court or county court, or
(ii)
10in the family court by a judge who is not, or by two
or more judges at least one of whom is not, within
section 31C(1)(y) of the Matrimonial and Family
Proceedings Act 1984 (lay justices).”
(2)
In paragraph 1(10) of that Schedule in the definition of “family proceedings”
15after “also includes” insert “any proceedings in the family court and”.
Part 3 Repeals and revocations in consequence of Parts 1 and 2 of this Schedule
99
The provisions specified in the Table are repealed or revoked to the extent
shown.
| Reference | 20Extent of repeal or revocation |
|---|---|
| Administration of Justice Act 1970 (c. 31) |
Section 48(3). |
| Administration of Justice Act 1977 (c. 38) |
In Schedule 3, paragraphs 3 and 4(a). |
| Magistrates’ Courts Act 1980 (c. 43) |
Section 53(4). |
| Section 54(3) and (4). | |
| 25Section 55(9). | |
| In section 56 the words from the beginning to “any magistrates’ court,”. |
|
| In section 57 the words from the beginning to “any magistrates’ court,”. |
|
| 30Section 57A(3). | |
In section 64— (a)
subsection (1A), (b)
in subsection (2) the words “or (4A)”, (c)
35in subsection (3) the words “Subject to (d)
subsections (4) and (4A). |
|
| In section 97(1)(a) and (2) the words “or of an 40application in family proceedings”. |
|
| Section 111(7). | |
| Section 121(8). | |
| Section 144(1)(b). | |
| Section 145(1)(ga). |
Crime and Courts BillPage 182
| Reference | Extent of repeal or revocation |
|---|---|
| Magistrates’ Courts Act 1980 (c. 43)—cont. |
In section 150(1), the definitions of “Family Procedure Rules”, “family proceedings”, “magistrates’ court maintenance order” and 5“maintenance order”. |
| In Schedule 7, paragraphs 23 and 24. | |
| Civil Jurisdiction and Judgments Act 1982 (c. 27) |
In Schedule 11, paragraph 2. |
| In Schedule 12, paragraphs 3 and 7. | |
| Matrimonial and Family Proceedings Act 1984 (c. 42) |
Section 44. |
| 10In Schedule 1, paragraphs 4 and 5. | |
| Family Law Reform Act 1987 (c. 42) |
In Schedule 2, paragraphs 18, 81, 83 to 85 and 87. |
| Children Act 1989 (c. 41) | In Schedule 11, paragraph 8(a) to (c). |
| Broadcasting Act 1990 (c. 42) | In Schedule 20, paragraph 29(2). |
| Maintenance Enforcement Act 1991 (c. 17) |
15Sections 7 and 8. |
| In Schedule 1, paragraphs 8 and 9. | |
| In Schedule 2, paragraphs 6 to 8 and 11(1). | |
| Social Security (Consequential Provisions) Act 1992 (c. 6) |
In Schedule 2, paragraph 60. |
| Transfer of Functions (Magistrates’ Courts and Family Law) Order 1992 (S.I. 1992/709) |
In Schedule 2, the entries for sections 59 and 2094A of the Magistrates’ Courts Act 1980. |
| Maintenance Orders (Backdating) Order 1993 (S.I. 1993/623) |
Article 3 and Schedule 2. 25 |
| Child Support Act 1991 (Consequential Amendments) Order 1994 (S.I. 1994/731) |
Article 3. |
| Family Law Act 1996 (c. 27) | 30In Schedule 8, paragraph 49. |
| Family Law Act 1996 (Modifications of Enactments) Order 1997 (S.I. 1997/1898) |
Article 2. |
| Crime and Disorder Act 1998 (c. 37) |
35In Schedule 8, paragraph 42. |
| Access to Justice Act 1999 (c. 22) | In Schedule 10, paragraphs 22, 33 and 34. |
| In Schedule 11, paragraphs 26 and 27. | |
| Child Support, Pensions and Social Security Act 2000 (c. 19) |
In Schedule 8, paragraph 2. |
| Civil Jurisdiction and Judgments Order 2001 (S.I. 2001/3929) |
In Schedule 3, paragraphs 5, 11 and 12(b) and 40(c). |
| Adoption and Children Act 2002 (c. 38) |
In Schedule 3, paragraphs 37, 38 and 39(b)(i). |
Crime and Courts BillPage 183
| Reference | Extent of repeal or revocation |
|---|---|
| Courts Act 2003 (c. 39) | Section 26(4). |
| Section 49(1). | |
| In Schedule 8, paragraphs 98 to 103, 143, 208(3), 5210, 211(3) and (4), 214 to 217, 228, 229 and 349. |
|
| Civil Partnership Act 2004 (c. 33) |
In Schedule 27, paragraphs 22, 64 and 65. |
| Constitutional Reform Act 2005 (c. 4) |
In Schedule 4, paragraphs 101, 213 and 344(4). |
| European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/ 265) |
Regulation 4. 10 |
| Childcare Act 2006 (c. 21) | 15In Schedule 2, paragraph 2. |
| Legal Services Act 2007 (c. 29) | In Schedule 21, paragraph 144(2)(b). |
| Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655) |
In the Schedule, paragraph 9. |
| Human Fertilisation and Embryology Act 2008 (c. 22) |
20In Schedule 6, paragraph 20. |
| Children and Families (Wales) Measure 2010 (nawm 1) |
In Schedule 1, paragraphs 1 and 2. |
| Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/ 1898) |
In the Schedule, paragraph 1. 25 |
| Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045) |
30Articles 3, 5, 6(b), 7, 10(b) and (d) and 11 to 14. |
| Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215) |
Regulation 2. 35 |
| Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/ 1484) |
In Schedule 7, paragraphs 2(4) and 9(2). 40 |
Crime and Courts BillPage 184
Section 16
SCHEDULE 11 Transfer of jurisdiction to family court
Part 1 Amendments of enactments
5Married Women’s Property Act 1882 (c. 75)Married Women’s Property Act 1882 (c. 75)
1 The Married Women’s Property Act 1882 is amended as follows.
2
In section 10 (court’s power to order transfer investment and dividends to
husband where investment made with his money and without his consent)
for “the Court” substitute “the High Court or the family court”.
3
10In section 17 (power of High Court and prescribed county court to make
orders in relation to disputes between husband and wife about title to or
possession of property)—
(a)
for “such county court as may be prescribed” substitute “the family
court”, and
(b) 15omit the words after “rules of court”.
Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)
4
(1)
The Maintenance Orders (Facilities for Enforcement) Act 1920 is amended in
accordance with paragraphs 5 to 11.
(2)
The amendments made by paragraphs 5 to 11 cease to have effect on the
20coming into force of the repeal of the Maintenance Orders (Facilities for
Enforcement) Act 1920 by section 22(2)(a) of the Maintenance Orders
(Reciprocal Enforcement) Act 1972.
5
In section 1(2) (courts in which maintenance orders from Her Majesty’s
dominions outside the United Kingdom are to be registered) after “and, if
25the court was not a court of superior jurisdiction, be” insert “the family court
or, in Northern Ireland,”.
6
(1)
Section 3 (power of courts in England and Wales, or Northern Ireland, to
make provisional orders of maintenance against certain persons resident
outside the United Kingdom) is amended as follows.
(2)
30In subsection (1) (circumstances in which provisional orders may be made)
for “a court of summary jurisdiction in England or Ireland” substitute “the
family court, or in Northern Ireland to a court of summary jurisdiction,”.
(3)
In subsection (4) (taking of evidence by court of summary jurisdiction at
request of court in a part of Her Majesty’s dominions outside the United
35Kingdom)—
(a) omit “of summary jurisdiction” in the first place, and
(b) after “that court or” insert “, in Northern Ireland,”.
(4)
In subsection (5) (confirmation of order does not affect any power of court of
summary jurisdiction to vary or revoke order, provided certain
40requirements are met)—
(a) after “any power of” insert “the family court, or”, and
(b) after “summary jurisdiction” insert “in Northern Ireland,”.
Crime and Courts BillPage 185
(5)
Omit subsection (7) (variation etc in a magistrates’ court in England and
Wales).
7
(1)
Section 4 (power of court of summary jurisdiction to confirm maintenance
order made outside the United Kingdom) is amended as follows.
(2)
5In subsection (1) (procedure for determining whether order should be
confirmed by court of summary jurisdiction)—
(a) after “confirmed by” insert “the family court or by”,
(b) omit “England or” in the first place,
(c)
after “send the said documents” insert “to the family court if it
10appears to the Lord Chancellor that the person is resident in England
and Wales or”, and
(d)
after “court of summary jurisdiction”, in the second place, insert “in
Northern Ireland if it appears to the Lord Chancellor that the person
is resident in Northern Ireland”.
(3)
15In subsection (5A) (exercise of powers where a magistrates’ court in England
and Wales confirms a provisional order)—
(a) for “a magistrates’” substitute “the family”, and
(b) for “shall” substitute “may”.
(4) In subsection (5B) (available powers)—
(a)
20in each of paragraphs (a) and (b) for “the designated officer for the
court or for any other magistrates’ court” substitute “the family
court”, and
(b)
in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
substitute “1(5) of the Maintenance Enforcement Act 1991”.
(5) 25In subsection (5C) (deciding on exercise of powers)—
(a) for “which of the” substitute “whether to exercise any of its”, and
(b) omit “it is to exercise”.
(6)
In subsection (5D) (power to require account to be opened) for “Subsection
(4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection
30(6) of section 1 of the Maintenance Enforcement Act 1991”.
(7) In subsection (6) omit “Subject to subsection (6A),”.
(8)
Omit subsection (6A) (modifications of section 60 of the Magistrates’ Courts
Act 1980).
8
(1)
Section 4A (variation and revocation of maintenance orders) is amended as
35follows.
(2)
In subsection (2) (jurisdiction of magistrates’ court where respondent
resides in a part of Her Majesty’s dominions outside the United Kingdom to
which the Act extends) for “a magistrates’ court in England and Wales”
substitute “the family court”.
(3)
40In subsection (4) (magistrates’ court hearings in absence of respondent), in
paragraph (a) for “a magistrates’ court in England and Wales” substitute
“the family court”.
(4)
In subsection (5) (application of subsection (4) to Northern Ireland with
modifications) in paragraph (c) for ““a magistrates’ court in England and
45Wales”” substitute ““the family court””.
Crime and Courts BillPage 186
9 (1) Section 6 (mode of enforcing orders) is amended as follows.
(2)
In subsection (1) (enforcement steps to be taken by court of summary
jurisdiction) omit “of summary jurisdiction”.
(3) For subsection (2) substitute—
“(2)
5Every such order registered in or confirmed by the family court is
enforceable as if it were an order made by the family court and as if
that court had had jurisdiction to make it.”
(4)
In subsection (3) (execution of a warrant in a part of the United Kingdom in
which the issuing court does not have jurisdiction) after “issued by” insert
10“the family court or”.
10
In section 9 (use of depositions taken outside United Kingdom) after “courts
of summary jurisdiction” insert “, or the family court,”.
11
In section 11(za) (application of section 3 to Northern Ireland) for “for
subsection (7) of that section there shall be substituted” substitute “after
15subsection (6) of that section there shall be inserted”.
Marriage Act 1949 (c. 76)Marriage Act 1949 (c. 76)
12 The Marriage Act 1949 is amended as follows.
13
In section 3(5) (marriage of persons aged 16 or 17: meaning of “the court”
and provision about rules of court)—
(a)
20for the words from “, the county court of the district” to the second
“in which any applicant or respondent resides” substitute “or the
family court”,
(b) omit paragraph (b), and
(c)
in paragraph (c) for “a court of summary jurisdiction” substitute “the
25family court”.
14
(1)
Section 27B (provisions relating to section 1(3) marriages) is amended as
follows.
(2)
In subsection (4) (certificate not to be issued if alleged that section 1(3)
criteria not met, unless declaration obtained from High Court under
30subsection (5)) omit “from the High Court”.
(3)
In subsection (5) (application to High Court for declaration) after “High
Court” insert “or the family court”.
Maintenance Orders Act 1950 (c. 37)Maintenance Orders Act 1950 (c. 37)
15 The Maintenance Orders Act 1950 is amended as follows.
16
35In section 4(1) (court of summary jurisdiction in England has jurisdiction in
proceedings for the recovery of sums under certain provisions against
person residing in Scotland or Northern Ireland) for “A court of summary
jurisdiction in England” substitute “The family court”.
17
(1)
In section 15(2) and (3) (service of process: endorsement by, and declarations
40before, justices of the peace etc) for “justice of the peace” substitute “judge of
the family court”.
(2) In Schedule 2 (forms)—
Crime and Courts BillPage 187
(a)
in the form numbered 1 (endorsement of summons) for “justice of the
peace” substitute “judge of the family court”, and
(b)
in the form numbered 2 (declaration as to service) for “Justice of the
Peace” substitute “judge of the family court”.
18
(1)
5Section 17 (procedure for registration of maintenance orders) is amended as
follows.
(2)
Omit subsection (1)(a) (authority to whom application is to be made for
registration of maintenance order made by court of summary jurisdiction in
England).
(3)
10In subsection (3)(b) (court to whose officer certified copy of maintenance
order is to be sent) for the words after “in any other case” substitute “—
(i)
where the defendant appears to be in England and
Wales, the family court;
(ii)
where the defendant appears to be in Northern
15Ireland, a court of summary jurisdiction acting for the
place in which the defendant appears to be;
(iii)
where the defendant appears to be in Scotland, the
sheriff court within the jurisdiction of which the
defendant appears to be.”
(4)
20In subsection (6) (court officer may apply, on behalf of person entitled to
maintenance payments made to or through the officer, for registration of
order under which they are made) for “made by a court of summary
jurisdiction in England or Northern Ireland” substitute “made by the family
court or a court of summary jurisdiction in Northern Ireland”.
19 (1) 25Section 18 (enforcement of registered orders) is amended as follows.
(2) In subsection (1A) (interest)—
(a) after “under this Part of this Act in” insert “the family court or”,
(b) omit “England or”,
(c) omit “Part I of the Maintenance Orders Act 1958 or”, and
(d) 30omit “section 2A of the said Act of 1958 or”.
(3)
Omit subsections (2) to (2ZB) (enforcement of registered orders in
magistrates’ courts).
(4)
In subsection (2A) (offence of not giving notice of change of address to
proper officer) omit “England or”.
(5)
35In subsection (2B) (meaning of “proper officer”) omit paragraph (a)
(including the “and” at the end).
20 (1) Section 19 (functions of collecting officer etc) is amended as follows.
(2)
In subsection (1) (provisions in maintenance order about payment to court
have no effect if order is registered)—
(a) 40for “or”, in the first place, substitute “by the family court or in”, and
(b) after “through or to any” insert “court or”.
(3)
In subsection (2) (court in which maintenance order registered to order
payment to be made through collecting officer) omit—
(a) “England or” in both places, and
(b) 45“, as the case may be”.
Crime and Courts BillPage 188
(4)
Omit subsection (3)(a) (variation etc of orders made in England and Wales
under subsection (2)).
(5) In subsection (4) after “through or to any” insert “court or”.
21
In section 20(1)(a) (certificates as to arrears under registered maintenance
5orders)—
(a) after “to or through” insert “a court or”, and
(b)
after “signed by” insert “an officer of that court or (as the case may
be)”.
22
(1)
Section 22 (discharge and variation of maintenance orders registered in
10summary or sheriff courts) is amended as follows.
(2)
In subsection (1) (variation of maintenance order) for “a court of summary
jurisdiction or” substitute “the family court, a court of summary jurisdiction
in Northern Ireland or a”.
(3)
In subsection (1A) (power of magistrates’ court to vary payments under
15registered maintenance order) for “a magistrates’ court in England and
Wales” substitute “the family court”.
(4) In subsection (1B) (available powers)—
(a)
in each of paragraphs (a) and (b) for “the designated officer for the
court or for any other magistrates’ court in England and Wales”
20substitute “the family court”, and
(b)
in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
substitute “1(5) of the Maintenance Enforcement Act 1991”.
(5) In subsection (1C) (deciding on exercise of powers)—
(a) for “which of the” substitute “whether to exercise any of its”, and
(b) 25omit “it is to exercise”.
(6)
In subsection (1D) (power to require account to be opened) for “Subsection
(4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection
(6) of section 1 of the Maintenance Enforcement Act 1991”.
(7)
Omit subsection (1E) (modifications of section 60 of the Magistrates’ Courts
30Act 1980).
(8)
In subsection (4) (court in which order registered may vary it only under
subsection (1)) for “a court of summary jurisdiction or” substitute “the
family court, a court of summary jurisdiction in Northern Ireland or a”.
(9)
In subsection (5) (evidence) for “a court of summary jurisdiction or”
35substitute “the family court, a court of summary jurisdiction in Northern
Ireland or a”.
23 (1) Section 24 (cancellation of registration) is amended as follows.
(2)
In subsection (2) (notice by appropriate authority where defendant ceases to
reside in England and Wales, Northern Ireland or Scotland) for “a court of
40summary jurisdiction in England or Northern Ireland” substitute “the
family court, a court of summary jurisdiction in Northern Ireland”.
(3)
In subsection (5A) (effect of cancellation of registration in a magistrates’
court in England and Wales)—
(a)
in the words before paragraph (a) for “a magistrates’” substitute “the
45family”,
Crime and Courts BillPage 189
(b) in paragraph (a) omit “section 18(2ZA) or” and “or (1E)”, and
(c) in paragraph (b)—
(i)
for “the designated officer for a magistrates’ court in England
and Wales” substitute “the family court”, and
(ii)
5for “59(6) of the Magistrates’ Courts Act 1980” substitute
“1(5) of the Maintenance Enforcement Act 1991”.
(4) In subsection (6) (orders under section 19(2)) omit “England or”.
24
In section 25(3) (rules as to procedure of courts of summary jurisdiction) for
“a court of summary jurisdiction in England or Northern Ireland” substitute
10“the family court or a court of summary jurisdiction in Northern Ireland”.
25
In section 28(1) (interpretation) in the definition of “collecting officer” omit
“in relation to a court of summary jurisdiction in England, means the
designated officer for the court, and”.
Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)
26
(1)
15Section 7 of the Matrimonial Causes (Property and Maintenance) Act 1958
(which extends section 17 of the Married Women’s Property Act 1882 to
certain disputes relating to property in which a wife claims a beneficial
interest) is amended as follows.
(2)
In subsection (1) (which refers to any right of a wife under section 17 of the
201882 Act to apply to a judge of the High Court or of a county court) for “a
county court” substitute “the family court”.
(3)
In subsection (2) (extension of the judge’s power to make orders under
section 17 of the 1882 Act as extended by subsection (1)) for “a county court”
substitute “the family court”.
25Law Reform (Miscellaneous Provisions) Act 1970 (c. 33)Law Reform (Miscellaneous Provisions) Act 1970 (c. 33)
27
In section 2(2) of the Law Reform (Miscellaneous Provisions) Act 1970
(section 17 of the Married Women’s Property Act 1882 and section 7 of the
Matrimonial Causes (Property and Maintenance) Act 1958 apply to certain
disputes between parties to a broken engagement) for “a county court”
30substitute “the family court”.
Matrimonial Proceedings and Property Act 1970 (c. 45)Matrimonial Proceedings and Property Act 1970 (c. 45)
28 (1) The Matrimonial Proceedings and Property Act 1970 is amended as follows.
(2)
In section 30(2) (order for maintenance of party to marriage made by
magistrates’ court to cease to have effect on remarriage of that party) for “a
35magistrates’ court”, in both places, substitute “the family court”.
(3)
In section 39 (extension of section 17 of the Married Women’s Property Act
1882 to certain cases where marriage dissolved or annulled) for “a county
court” substitute “the family court”.
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
29
40The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as
follows.