SCHEDULE 11 continued PART 1 continued

Crime and Courts BillPage 190

30 (1) Section 3 (magistrates’ court may make provisional maintenance order
against person residing in reciprocating country) is amended as follows.

(2) In subsection (1) for “a magistrates’ court” substitute “the family court”.

(3) In subsection (4) (application not to be transferred etc)—

(a) 5before paragraph (a) insert—

“(za) a court to transfer proceedings from the family court
to the High Court,”, and

(b) in paragraphs (a) and (b) after “magistrates’ court” insert “in
Northern Ireland”, and

(4) In subsection (6) (effect of order being confirmed) omit “magistrates’”.

(5) Omit subsection (7)(b) (Northern Ireland: application of subsection (4)).

(6) In the title omit “magistrates’”.

31 15In section 4(6) (Scotland: application of section 3(5) and (6)) after “for
references to” insert “a court that are references to the family court or”.

32 Omit section 5(3A) (modification of section 60 of Magistrates’ Courts Act
1980 in relation to maintenance orders to which section 5 applies).

33 In section 7 (confirmation of order made in reciprocating country)—

(a) 20in subsection (5A) (court to exercise one of its powers under
subsection (5B) upon confirming order)—

(i) for “a magistrates’ court in England and Wales” substitute
“the family court”, and

(ii) for “shall” substitute “may”,

(b) 25in subsection (5B) (available powers)—

(i) in each of paragraphs (a) and (b) for the words from “the
designated” to “Wales” substitute “the court”,

(ii) in paragraph (b) for “59(6) of the Magistrates’ Courts Act
1980” substitute “1(5) of the Maintenance Enforcement Act
301991”,

(i) for “which of the” substitute “whether to exercise any of its”,
and

(ii) omit “it is to exercise”, and

(d) 35in subsection (5D) (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”.

34 In section 8 (enforcement of registered maintenance orders)—

(a) 40in subsection (3) (offence of not giving notice of change of address to
appropriate officer)—

(i) for “a registered order” substitute “an order registered in a
court in Northern Ireland”, and

(ii) for “appropriate officer of the registering” substitute “clerk of
45that”,

(b) omit subsection (3A) (meaning of “appropriate officer”),

Crime and Courts BillPage 191

(d) in subsection (5) (magistrates’ court to take prescribed steps) for
“The magistrates’ court” substitute “A magistrates’ court in
5Northern Ireland”.

35 Omit section 9(1ZA) (modification of section 60 of Magistrates’ Courts Act
1980 in relation to registered order).

36 In section 10(3) (transfer to other magistrates’ court)—

(a) after “magistrates’ court”, in the first place, insert “in Northern
10Ireland”, and

(b) for the words from “that part” to “court is” substitute “Northern
Ireland”.

37 (1) In section 14(3) (compelling attendance of witnesses etc)—

(a) for the words from “Section” to “1980” substitute “Articles 118(1), (3)
15and (4), 119 and 120 of the Magistrates’ Courts (Northern Ireland)
Order 1981”, and

(b) after “a magistrates’ court” insert “in Northern Ireland”.

(2) Omit section 14(6) (Northern Ireland: modifications).

38 In section 17 (proceedings in magistrates’ courts)—

(a) 20in subsection (4) (courts in same area have same jurisdiction)—

(i) after “magistrates’ court”, in the first place, insert “in
Northern Ireland”,

(ii) omit the words from “acting”, in the first place, to “Northern
Ireland,”, and

(iii) 25for “district)” substitute “district”,

(b) in subsection (5A) (jurisdiction where respondent resides in
reciprocating country) for “a magistrates’ court in England and
Wales”, in both places, and for “such a court”, substitute “the family
court”, and

(c) 30in subsection (7) (proceedings in absence of respondent) for “a
magistrates’ court”, in both places, substitute “the family court in
England and Wales or a magistrates’ court in Northern Ireland”.

39 (1) Section 18 (magistrates’ courts rules) is amended as follows.

(2) Before subsection (1) insert—

“(A1) 35Rules of court may make provision with respect to the matters that
would be mentioned in any of paragraphs (b), (c), (e) and (f) of
subsection (1) if references in those paragraphs to a magistrates’
court, or to magistrates’ courts, were references to the family court.”

(3) In subsection (1) (provision which may be made in rules of court)—

(a) 40for the words before paragraph (a) substitute “The matters referred
to in subsections (A1) and (2) are—”, and

(b) in paragraph (a) for “local justice area”, in both places, substitute
“petty sessions district”.

(4) In subsection (1A) (further provision about rules of court in relation to
45England and Wales) for “(1)” substitute “(A1)”.

(5) For the title substitute “Rules of court”.

Crime and Courts BillPage 192

40 In section 21(1) in the definition of “the appropriate court”—

(a) after ““the appropriate court”” insert “—”, and

(b) for “Wales or” substitute “Wales means the family court; and

(b) 5in relation to a person residing or having assets”.

41 (1) Section 23 (orders registered in High Court under Maintenance Orders
(Facilities for Enforcement) Act 1920) is amended as follows.

(2) In subsection (1) (orders registered at time when 1920 Act ceases to apply)—

(a) after “High Court”, in the first place, insert “or the High Court of
10Justice in Northern Ireland”,

(b) for “the High Court”, in the second place, substitute “subsection (1A)
applies in relation to the order.

“(1A) Where the order was at that time registered in the High
Court, that court may, on an application by the payer or the
15payee under the order or of its own motion, transfer the order
to the family court, with a view to the order being registered
in the family court under this Part of this Act; and where the
order was at that time registered in the High Court of Justice
in Northern Ireland, that court”,

(d) after “registered in that” insert “magistrates’”.

(3) Before subsection (2) insert—

“(1B) Where the High Court transfers an order to the family court under
this section it shall—

(a) 25cause a certified copy of the order to be sent to an officer of
the family court, and

(b) cancel the registration of the order in the High Court.”

(4) In subsection (2) (certified copy to be sent to court which is to register order)
after “High Court”, in the first place, insert “of Justice in Northern Ireland”.

(5) 30In subsection (3) (officer to register order) omit “appropriate”.

(6) In subsection (4)—

(a) for “the magistrates’” substitute “a”, and

(b) for “appropriate officer of the court” substitute “officer registering
it”.

(7) 35Omit subsection (5) (Northern Ireland: modification).

(8) In subsection (6) (meaning of “appropriate officer”) for the words from
“means—” to the end substitute “, in relation to a magistrates’ court in
Northern Ireland, means the clerk of the court.”

42 In section 26(6)(a) (appropriate officer) for the words from “the designated”
40to the end substitute “an officer of the family court”.

43 In section 27B (sending application to which section 27A applies to
appropriate magistrates’ court)—

(a) in subsection (1) for the words from “designated” to the end
substitute “family court”,

(b) 45in subsection (2) (attempted service of respondent)—

Crime and Courts BillPage 193

(i) for “Subject to subsection (4) below, if” substitute “If”,

(ii) for “a magistrates’ court having jurisdiction to hear it”
substitute “the family court”,

(iii) for “designated officer for the” substitute “family”, and

(iv) 5for “he” substitute “the family court”,

(d) in the title for “appropriate magistrates’” substitute “family”.

44 In section 27C (applications to which section 27A applies: general)—

(a) 10in subsection (1) for “a magistrates’” substitute “the family”,

(b) omit subsection (2) (disapplication of section 59 of Magistrates’
Courts Act 1980),

(c) in subsection (3) (court to exercise one of its powers under subsection
(4) upon making order) for “shall” substitute “may”,

(d) 15in subsection (4) (available powers)—

(i) in each of paragraphs (a) and (b) for the words from “the
designated” to “Wales” substitute “the court”, and

(ii) in paragraph (b) for “59(6) of the Magistrates’ Courts Act
1980” substitute “1(5) of the Maintenance Enforcement Act
201991”,

(e) in subsection (5) (deciding on exercise of powers)—

(i) for “which of the” substitute “whether to exercise any of its”,
and

(ii) omit “it is to exercise”,

(f) 25in subsection (6) (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”, and

(g) in subsection (7) (registration)—

(i) 30omit “designated officer for the”, and

(ii) omit “in the court”.

45 In section 28 (applications by spouses under the Domestic Proceedings and
Magistrates’ Courts Act 1978)—

(a) in subsection (1) (orders court may make)—

(i) 35for “The magistrates’ court” substitute “On”, and

(ii) after “1978” insert”, the family court”, and

(b) in subsection (2) (modifications of 1978 Act)—

(i) in paragraph (a) for “to 27” substitute “, 26”, and

(ii) omit paragraph (b), but not the “and” following it.

46 40In section 28A (applications by former spouses under the Domestic
Proceedings and Magistrates’ Courts Act 1978)—

(a) in subsection (2) (jurisdiction of magistrates’ court) for the words
from the beginning to “it” substitute “The family court shall have
jurisdiction to hear the application”,

(b) 45in subsection (3) (court’s powers) for “magistrates’ court hearing the
application” substitute “family court”, and

Crime and Courts BillPage 194

(i) in paragraph (e) for “and 25 to 28” substitute “25, 26 and 28”,
and

(ii) omit paragraph (f), but not the “and” following it.

47 Section 28B (certain orders under Schedule 11 to the Children Act 1989 do
5not apply) is repealed.

48 (1) Section 32 (transfer of orders) is amended as follows.

(2) In subsection (2) (transfer to other magistrates’ court)—

(a) for “the appropriate officer”, in the first and second places, substitute
“the clerk”,

(b) 10after “magistrates’ court”, in the first place, insert “in Northern
Ireland”,

(d) for “the appropriate officer”, in the third place, substitute “that
15clerk”.

(3) Omit subsection (2A) (meaning of “appropriate officer”).

(4) In subsection (8) in the definition of “the appropriate court”—

(a) after ““the appropriate court”” insert “—

(a)”, and

(b) 20for “Wales or” substitute “Wales, means the family court; and

(b) in relation to a person residing”.

49 In section 33 (enforcement of orders)—

(a) omit subsections (3) and (3A) (enforcement by magistrates’ courts in
England and Wales),

(b) 25in subsection (3B) (enforcement by courts of summary jurisdiction in
Northern Ireland) after “jurisdiction”, in the first place, insert “in
Northern Ireland”, and

50 30In section 34 (variation and revocation of orders)—

(a) in subsection (1) (powers of registering court etc) omit “subsection
(3A) below and”,

(b) in subsection (3) (officer to whom application to be sent) for the
words from “shall” to the end substitute “shall—

(a) 35if the registering court is the family court, send the
application together with any documents
accompanying it to that court;

(b) if the registering court is a magistrates’ court in
Northern Ireland, send the application together with
40any documents accompanying it to the clerk of that
court.”, and

51 (1) Section 34A (variation of orders by magistrates’ courts in England and
45Wales) is amended as follows.

(2) In subsection (1) (application of certain provisions)—

Crime and Courts BillPage 195

(a) for “a magistrates’ court in England and Wales” substitute “the
family court”, and

(b) for paragraph (a) substitute—

“(a) section 1(3A) of the Maintenance Enforcement Act
51991;”.

(3) In subsection (2) (court may exercise one of powers under subsection (3)
upon varying order) for “a magistrates’ court in England and Wales”
substitute “the family court”.

(4) In subsection (3) (available powers)—

(a) 10in each of paragraphs (a) and (b) for the words from “the designated”
to “Wales” substitute “the 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) Omit subsections (4) to (8) (variation by justices’ clerk).

(6) 15In subsection (9) (deciding on exercise of powers)—

(a) for “subsections (2) and (8)” substitute “subsection (2)”,

(b) for “which of the” substitute “whether to exercise any of its”,

(d) after “debtor” insert “or the creditor”.

(7) 20In subsection (10) (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”.

(8) In subsection (11) (meaning of “creditor” and “debtor”) for “section 59 of the
Magistrates’ Courts Act 1980” substitute “section 1 of the Maintenance
25Enforcement Act 1991”.

(9) In the title for “magistrates’ courts” substitute “the family court”.

52 In section 35 (further provision relating to variation etc of orders by
magistrates’ courts in England and Wales)—

(a) in subsection (1) (powers exercisable notwithstanding that applicant
30resides outside England and Wales) for “a magistrates’ court in
England and Wales” substitute “the family court”,

(b) in subsection (2) (powers under section 34A not exercisable) omit
“, or of the clerk of the court,”,

(c) in subsection (3) (proceedings in absence of respondent) for “a
35magistrates’ court in England and Wales” substitute “the family
court”, and

(d) in the title for “magistrates’ courts” substitute “the family court”.

53 (1) Section 36 (admissibility of evidence given in convention country) is
amended as follows.

(2) 40Before subsection (1) insert—

“(A1) A statement contained in a document mentioned in subsection (1)
shall—

(a) in any proceedings in the family court arising out of an
application to which section 27A(1) of this Act applies or an
45application made by any person for the variation or
revocation of a registered order, or

Crime and Courts BillPage 196

(b) in proceedings on appeal from proceedings within
paragraph (a),

be admissible as evidence of any fact stated to the same extent as oral
evidence of that fact is admissible in those proceedings.”

(3) 5In subsection (1) (statements made in convention country to be
admissible)—

(a) for “A statement contained in—” substitute “The documents referred
to in subsections (A1) and (1A) are—”,

(b) omit the “or” following paragraph (a) and the “or” following
10paragraph (b),

“(1A) A statement contained in a document mentioned in
subsection (1)”,

(d) after “magistrates’ court” insert “in Northern Ireland”, and

(e) 15omit “an application to which section 27A(1) of this Act applies,”.

54 In section 38 (obtaining evidence at request of court in convention
country)—

(a) in subsection (4) (application of provisions of Magistrates’ Courts
Act 1980) for the words from “Section” to “1980” substitute “Articles
20118(1), (3) and (4), 119 and 120 of the Magistrates’ Courts (Northern
Ireland) Order 1981”,

(b) in subsection (4) after “a magistrates’ court” insert “in Northern
Ireland”, and

55 25In section 38A(1) (rules of court) after “done by” insert “the family court or”.

56 In section 42 (provisional order to cease to have effect on remarriage) in
subsection (1) and in the title omit “magistrates’”.

57 In section 47(3) (interpretation: jurisdiction of magistrates’ courts) for the
words from “construed—” to “in relation to”, in the second place, substitute
30“construed in relation to”.

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

58 The Matrimonial Causes Act 1973 is amended as follows.

59 In section 4(4)(a) (periods which may be treated for the purposes of section
1(2)(c) as periods during which the respondent has deserted the petitioner)
35for “or a county court” substitute “, the family court or the county court”.

60 In section 32(1) (arrears more than 12 months old not to be enforced without
court’s permission) for “any county court” substitute “the family court”.

61 (1) Section 33 (orders for repayment of sums paid under certain orders) is
amended as follows.

(2) 40In subsection (4) (application for repayment may be made in proceedings for
variation, discharge or enforcement of order, or to county court) for “a
county court”, in each place, substitute “the family court”.

(3) Omit subsection (5) (no limits on jurisdiction of county court under
subsection (4)).

Crime and Courts BillPage 197

62 (1) Section 35 (alterations of maintenance agreements where both parties are
living) is amended as follows.

(2) In subsection (1) (application for alteration may be made to the court or a
magistrates’ court) omit “or to a magistrates’ court”.

(3) 5In subsection (2) (which refers to the court to which an application for an
alteration is made)—

(a) in the words before paragraph (a) omit “to which the application is
made”,

(b) for “subsections (3),” substitute “subsections “, and

(4) Omit subsection (3) (limits on powers of magistrates’ court to deal with
applications for alterations).

(5) In subsections (4) and (5) for “a court” substitute “the court”.

63 (1) Section 36 (alterations of maintenance agreements after death of one party)
15is amended as follows.

(2) In subsection (1) (application for alteration may be made to High Court or
county court) omit the words from “High” to “county”.

(3) In subsection (2) (court’s permission needed to make late application) omit
the words from “High” to “county”.

(4) 20Omit subsections (3) and (7) (powers of county court to deal with
applications for alterations).

(5) In subsections (4) and (5) for “a court” substitute “the court”.

64 (1) Section 38 (orders for repayment of periodical payments mistakenly made)
is amended as follows.

(2) 25In subsection (2) (powers of the court when dealing with an application for
repayment) after “On an application under this section the court” insert “to
which the application is made”.

(3) In subsection (3) (application for repayment may be made in enforcement
proceedings, or to county court) for “a county court”, in each place,
30substitute “the family court”.

(4)
Omit subsection (4) (no limits on jurisdiction of county court under
subsection (3)).

(5) In subsection (6) (liability of court officers in respect of orders for periodical
payments)—

(a) 35in the words before paragraph (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

(b) in paragraph (a)—

(i) 40for “the designated officer,” substitute “an officer of the
family court,”, and

(ii) 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,”.

Crime and Courts BillPage 198

(6) In subsection (7) (meaning of “collecting officer”) for “the registrar of a
county court or the designated officer of a magistrates’ court” substitute “or
the officer of the family court,”.

65 (1) In section 52(1) (interpretation of the Act) for the definition of “the court”
5substitute—

““the court” (except where the context otherwise requires)
means the High Court or the family court;”.

(2) The amendment made by sub-paragraph (1) does not apply for the purposes
of interpreting references to “the court” in paragraph 14 of Schedule 1 to the
10Matrimonial Causes Act 1973.

Domicile and Matrimonial Proceedings Act 1973 (c. 45)Domicile and Matrimonial Proceedings Act 1973 (c. 45)

66 (1) Section 5 of the Domicile and Matrimonial Proceedings Act 1973
(jurisdiction of High Court and county court to entertain proceedings for
divorce, judicial separation or nullity of marriage) is amended as follows.

(2) 15In subsection (1A) (interpretation) in the definition of “the court” for the
words after “High Court” substitute “and the family court”.

(3) In the side-note for “county courts” substitute “family court”.

Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

67 The Domestic Proceedings and Magistrates’ Courts Act 1978 is amended as
20follows.

68 In section 1 (grounds of application to magistrates’ court for order for
financial provision) for “a magistrates’ court” substitute “the family court”.

69 In section 6(1) (application for order for payments agreed between parties to
a marriage) for “a magistrates’ court” substitute “the family court”.

70 25In section 7(1) (powers of court where parties living apart by agreement) for
“a magistrates’ court” substitute “the family court”.

71 (1) Section 19 (interim maintenance orders) is amended as follows.

(2) In subsection (1) (courts’ powers)—

(a) in paragraph (a)—

(i) 30for “the magistrates’ court” substitute “the family court”, and

(ii) omit the words from “or on refusing” to the end; and

(b) omit paragraphs (b) and (c) (High Court and county court powers).

(3) In subsection (3) (date from which payment may be required to be made)
omit the words after “section 2, 6 or 7 of this Act”.

(4) 35In subsection (5)(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”.

(5) In subsection (6) (interim order may be continued in force by order of court)
for the words from “the magistrates’ court which made the order” to
40“reheard,” substitute “the family court”.

Crime and Courts BillPage 199

(6) Omit subsection (9) (interim order of High Court or county court on
ordering rehearing by magistrates’ court to be treated, for certain purposes,
as an order of that magistrates’ court).

72 In section 20 (variation, revival and revocation of orders for periodical
5payments) in each of subsections (1) to (3) and (5) for “a magistrates’ court”
substitute “the family court”.

73 (1) Section 20ZA (variation of orders for periodical payments: further
provision) is amended as follows.

(2) In subsections (1) and (7) (making provision as to payment when exercising
10power to vary) for “paragraphs (a) to (d) of section 59(3) of the Magistrates’
Courts Act 1980” substitute “section 1(4) and (4A) of the Maintenance
Enforcement Act 1991”.

(3) Omit subsections (2) to (5) and (9) (power of justices’ clerk to vary order).

(4) In subsection (6) (power to require account to be opened)—

(a) 15for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”, and

(b) for “subsections (1) and (5)” substitute “subsection (1)”.

(5) Omit subsection (8) (duty to exercise powers in particular way).

(6) 20In subsection (10) (powers under section only exercisable if payer resident in
England and Wales)—

(a) omit “, or of a justices’ clerk,”, and

(b) for the words from “which” to the end substitute “unless, at the time
when the order was made, the person required to make the
25payments was ordinarily resident in England and Wales.”

74 In section 20A(1) (application by child for revival of periodical payments
order)—

(a) in the words before paragraph (a), for “a magistrates’ court”
substitute “the family court”, and

(b) 30in the words after paragraph (b) omit “which made the order”.

75 Omit section 22 (variation of instalments of lump sum).

76 Omit section 23(2) (certain powers of a magistrates’ court do not apply to
orders under Part 1).

77 In section 25(4) (magistrates’ court’s power to determine date on which
35order ceased to have effect because the parties were living together) for “a
magistrates’ court” substitute “the family court”.

78 Section 27 (refusal of order in case more suitable for High Court) is repealed.

79 (1) Section 28 (powers of High Court and county court relation to certain orders
under Part 1) is amended as follows.

(2) 40In subsection (1) (power of High Court or county court in matrimonial
proceedings to direct that order of magistrates’ court is to cease to have
effect)—

(a) for “making by a magistrates’ court” substitute “making by the
family court”,