Crime and Courts Bill (HC Bill 137)

(3) Omit subsection (3) (no limits on jurisdiction of county court under
subsection (2)).

166 For section 220(b) (in sections 221 to 224 “the court” includes certain county
courts) substitute—

“(b) 5the family court.”

167 (1) Part 2 of Schedule 1 (special provisions about civil partnerships which are
prohibited unless paragraph 2(1) conditions are met) is amended as follows.

(2) In paragraph 6(2) (civil partnership schedule not to be issued if alleged that
paragraph 2(1) conditions not met, unless High Court declaration obtained
10under paragraph 7) omit “High Court”.

(3) In paragraph 7 (application to High Court for declaration) after “High
Court” insert “or the family court”.

168 (1) Paragraph 15 of Schedule 2 (civil partnership of persons aged 16 or 17:
meaning of “the court” and provision about rules of court) is amended as
15follows.

(2) In sub-paragraph (1) (“the court” includes certain county courts and
magistrates’ courts)—

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

(b) for paragraphs (b) and (c) substitute—

“(c) 20the family court.”

(3) In sub-paragraph (2) (rules of court)—

(a) omit paragraph (b), and

(b) in paragraph (c) for “a magistrates’ court” substitute “the family
court”.

169 25Schedule 5 (financial relief in the High Court or a county court etc) is
amended as follows.

170 In paragraph 63(2) (payment of certain arrears under certain orders
unenforceable without leave of the court) for “any county court” substitute
“the family court”.

171 (1) 30Paragraph 64 (orders for repayment in certain cases of sums paid under
certain orders) is amended as follows.

(2) In sub-paragraph (7) (application may be made in certain proceedings, or to
county court) for “a county court”, in each place, substitute “the family
court”.

(3) 35Omit sub-paragraph (8) (no limits on jurisdiction of county court under sub-
paragraph (7)).

172 (1) Paragraph 65 (orders for repayment in certain cases of sums paid after
cessation of order by reason of formation of subsequent civil partnership or
marriage) is amended as follows.

(2) 40In sub-paragraph (6) (application may be made in certain proceedings, or to
county court) for “a county court”, in each place, substitute “the family
court”.

(3) Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-
paragraph (6)).

(4) In sub-paragraph (8)(a) (liability of court officers in respect of orders for
periodical payments)—

(a) for “the designated officer for a magistrates’ court to whom any
payments under a payments order are required to be made”
5substitute “an officer of the family court”, and

(b) 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,”.

(5) In sub-paragraph (10) (interpretation) for paragraphs (b) and (c) substitute
10“or

“(aa) the officer of the family court,”.

173 In paragraph 69 (alteration of maintenance agreements where both parties
are living)—

(a) in sub-paragraph (1) (courts to which application for alteration may
15be made) omit “or, subject to sub-paragraph (6), to a magistrates
court”, and

(b) in sub-paragraph (6) (power to make order for alteration is subject to
paragraphs 70 and 71) for “paragraphs 70 and” substitute
“paragraph”.

174 20Omit paragraph 70 (limits on powers of magistrates’ court to deal with
applications for alterations).

175 In paragraph 73 (alterations of maintenance agreements after death of one
party)—

(a) in sub-paragraph (2) (application for alteration may be made to High
25Court or county court) omit the words from “High” to “county”, and

(b) in sub-paragraph (4) (court’s permission needed to make late
application) omit the words from “High” to “county”.

176 For paragraph 80(3)(b) (in Schedule 5 “the court” includes certain county
courts) substitute—

“(b) 30the family court.”

177 For the Schedule title substitute “Financial relief: provision corresponding to
provision made by Part 2 of the Matrimonial Causes Act 1973”.

178 Schedule 6 (financial relief in magistrates’ courts etc) is amended as follows.

179 In paragraph 1(1) (grounds of application to magistrates’ court for order for
35financial provision) for “a magistrates’ court” substitute “the family court”.

180 Omit paragraph 8 (refusal of order in case more suitable for High Court).

181 In paragraph 9(1) (application for order for payments agreed between
parties to a civil partnership) for “a magistrates’ court” substitute “the family
court”.

182 40In paragraph 15(1) (powers of court where parties living apart by
agreement) for “a magistrates’ court” substitute “the family court”.

183 (1) Paragraph 20 (circumstances in which interim orders may be made) is
amended as follows.

(2) In sub-paragraph (2) (circumstances in which magistrates’ court may make
45order)—

(a) for “A magistrates’ court” substitute “The family court”, and

(b) omit paragraph (b) (interim order may be made on refusal of order
on grounds that case more suitable for High Court) and the “or”
preceding it.

(3) 5Omit sub-paragraph (3) (circumstances in which High Court may make
interim order).

184 Omit paragraph 23 (interim orders: payments which can be treated as
having been paid on account).

185 (1) Paragraph 24 (when interim order ceases to have effect) is amended as
10follows.

(2) In sub-paragraph (1)(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”.

(3) In sub-paragraph (2) (interim order may be continued in force by order of
15court)—

(a) in paragraph (a) for “the magistrates’ court which made the order,
or” substitute “the family court,”, and

(b) omit paragraph (b).

186 Omit paragraph 25(1) (interim order of High Court on ordering rehearing by
20magistrates’ court to be treated, for certain purposes, as an order of that
magistrates’ court).

187 In paragraph 29(6) (magistrates’ court’s power to determine date on which
order ceased to have effect because the parties were living together) for “a
magistrates’ court” substitute “the family court”.

188 25In paragraph 30 (variation, revocation, suspension and revival of orders for
periodical payments) in each of sub-paragraphs (1) and (2) for “a
magistrates’ court” substitute “the family court”.

189 In paragraph 31 (power to order lump sum on variation) in each of sub-
paragraphs (1) and (2) for “a magistrates’ court” substitute “the family
30court”.

190 In paragraph 35(1) (powers exercisable on varying an order) for “59(3)(a) to
(d) of the Magistrates’ Courts Act 1980 (c. 43)1980 (c. 43)” substitute “1(4) and (4A) of
the Maintenance Enforcement Act 1991”.

191 Omit paragraph 36 (variation by justices’ clerk).

192 35In paragraph 37 (exercise of powers)—

(a) in sub-paragraph (1) for “59(3)(a) to (d) of the 1980” substitute “1(4)
and (4A) of the 1991”, and

(b) omit sub-paragraph (2).

193 In paragraph 38 (further provision about exercise of powers)—

(a) 40in sub-paragraph (1)—

(i) for “59(4) of the 1980” substitute “1(6) of the 1991”,

(ii) for “paragraphs 35 and 36(4)” substitute “paragraph 35”, and

(iii) for “59” substitute “1 of the 1991 Act”, and

(b) in sub-paragraph (2)—

(i) 45omit “, or of a justices’ clerk,”, and

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

194 5In paragraph 39 (who may make application) for “, 31 or 36” substitute “or
31”.

195 In paragraph 40(1) (application by child for revival of periodical payments
order) in the words before paragraph (a), for “a magistrates’ court”
substitute “the family court”.

196 10Omit paragraphs 41 and 42 (variation by, and other powers of, a
magistrates’ court).

197 (1) Paragraph 44 (orders for repayment in certain cases of sums paid after
cessation of order by reason of formation of subsequent civil partnership or
marriage) is amended as follows.

(2) 15In sub-paragraph (4) (court’s power to order repayment or partial
repayment, or to dismiss application) for “the court” substitute “the family
court”.

(3) In sub-paragraph (6) (application may be made in enforcement proceedings,
or to county court)—

(a) 20after “may” insert “(but need not)”,

(b) omit “in the High Court or a county court”, and

(c) omit the words after paragraph (a) (including the “but” at the end of
that paragraph).

(4) Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-
25paragraph (6)).

(5) In sub-paragraph (8) (liability of court officers)—

(a) in paragraph (a)—

(i) for “the designated officer for a magistrates’ court to whom
any payments under an order made under paragraph 2(1)(a),
30or Part 2 or 3, are required to be made” substitute “an officer
of the family court”, and

(ii) for “in pursuance of the order” substitute “, in pursuance of
an order under paragraph 2(1)(a), or Part 2 or 3, requiring
payments to be made to the court or an officer of the court,”,
35and

(b) in paragraph (b)—

(i) for “the order” substitute “an order”, and

(ii) for “after that date” substitute “, after the date on which that
order ceased to have effect because of the formation of a
40subsequent civil partnership or marriage by the person
entitled to payments under it,”.

198 In paragraph 46 (application of certain provisions of the Domestic
Proceedings and Magistrates’ Court Act 1978)—

(a) in paragraph (a) (powers of the High Court and a county court in
45relation to certain orders) for “a county court” substitute “the family
court”, and

(b) omit paragraphs (b) and (c) (appeals and constitution of courts).

199 (1) Paragraph 47 (jurisdiction and procedure) is amended as follows.

(2) Omit sub-paragraph (1) (limits on powers of magistrates’ courts to deal with
applications for orders under Schedule 6).

(3) In sub-paragraph (1A) (jurisdiction of magistrates’ courts where jurisdiction
5to be determined by reference to the Maintenance Regulation etc) for “a
magistrates’ court” substitute “the family court”.

(4) In sub-paragraph (2) (jurisdiction of magistrates’ court exercisable
notwithstanding that a party is not domiciled in England and Wales) for “a
magistrates’ court” substitute “the family court”.

200 10For the Schedule title substitute “Financial relief: provision corresponding to
provision made by the Domestic Proceedings and Magistrates’ Courts Act
1978”.

201 In Schedule 7, in the definition of “the court” in paragraph 19 (in Schedule 7
“the court” includes certain county courts) for the words after “High Court”
15substitute “or the family court”.

Childcare Act 2006 (c. 21)Childcare Act 2006 (c. 21)

202 The Childcare Act 2006 is amended as follows.

203 In section 72 (protection of children in an emergency)—

(a) in subsection (1) (application to justice of the peace for emergency
20order) for “a justice of the peace” substitute “the family court”, and

(b) in subsection (2) (grounds for granting application for emergency
order) for “the justice”, in both places, substitute “the court”.

204 In section 79 (power of constable to assist in exercise of powers of entry)—

(a) omit subsection (4) (which applies Schedule 11 to the Children Act
251989 to proceedings under section 79), and

(b) in subsection (5) (meaning of “the court”) for the words after “High
Court” substitute “or the family court”.

205 In section 98F (power of constable to assist in exercise of powers of entry)—

(a) omit subsection (5) (which applies Schedule 11 to the Children Act
301989 to proceedings under section 98F), and

(b) for subsection (6) (meaning of “the court”) substitute—

“(6) In this section “court” means the High Court or the family
court.”

Human Fertilisation and Embryology Act 2008 (c. 22)Human Fertilisation and Embryology Act 2008 (c. 22)

206 35In section 54(9)(a) of the Human Fertilisation and Embryology Act 2008
(parental orders: application of the Children Act 1989) for the words after
“England and Wales” substitute “—

(i) the court” means the High Court or the family court,
and

(ii) 40proceedings on the application are to be “family
proceedings” for the purposes of the Children Act
1989,”.

Children and Families (Wales) Measure 2010 (nawm 1)

207 The Children and Families (Wales) Measure 2010 is amended as follows.

208 In section 34 (protection of children in an emergency)—

(a) in subsection (1) (application to justice of the peace for emergency
5order) for “a justice of the peace” substitute “the family court”, and

(b) In subsection (2) (grounds for granting application for emergency
order) for “the justice”, in both places, substitute “the court”.

209 In section 43 (power of constable to assist in exercise of powers of entry)—

(a) omit subsection (4) (which applies Schedule 11 to the Children Act
101989 to proceedings under section 43), and

(b) in subsection (5) (meaning of “the court”) for the words after “High
Court” substitute “or the family court”.

Part 2 Repeals and revocations in consequence of Part 1 of this Schedule

210 15The provisions specified in the table are repealed or revoked to the extent
shown.

Section 17

SCHEDULE 12 Gang-related injunctions: further amendments

1 Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-
related violence) is amended as follows.

2 5After section 46A insert—

“Appeals

46B Appeals against decisions of youth courts

(1) An appeal lies to the Crown Court against a decision of a youth court
made under this Part.

(2) 10On an appeal under this section the Crown Court may make—

(a) whatever orders are necessary to give effect to its
determination of the appeal;

(b) whatever incidental or consequential orders appear to it to be
just.

(3) 15An order of the Crown Court made on an appeal under this section
(other than one directing that an application be re-heard by a youth
court) is to be treated for the purposes of section 42 as an order of a
youth court.”

3 In section 48 (rules of court in relation to injunctions under Part 4)—

(a) 20in subsection (2) (rules of court may provide for appeal without
notice) omit “of the High Court or county court”, and

(b) in subsection (3) (decisions to which subsection (2) applies) for
“applies to a decision” substitute “applies—

(a) to a decision under section 39(4)(a) that an application
25without notice be dismissed, and

(b) to a decision”.

4 In section 49(1) (interpretation of Part 4) after the definition of “court”
insert—

• ““judge”, in relation to a youth court, means a person qualified
  30to sit as a member of that court;”.

5 In paragraph 1(2) of Schedule 5 (courts’ powers to remand person suspected
of breaching injunction: meaning of “the court”)—

(a) for “High Court or” substitute “High Court,”,

(b) before “and includes” insert “or a youth court”,

(c) 35omit the “and” following paragraph (a), and

(d) at the end of paragraph (b) insert “, and

(c) in relation to a youth court, a judge of that court.”

6 Schedule 5A (breach of injunction: powers of court in respect of under-18s)
is amended as follows.

7 (1) 40Paragraph 1 (power to make supervision order or detention order) is
amended as follows.

(2) In sub-paragraph (1) (pre-conditions for making of supervision order or
detention order)—

(a) in paragraph (a) for “is” substitute “has been”,

(b) before the “and” after paragraph (a) insert—

“(aa) 5the person is still under the age of 18,”,

(c) in paragraph (b) for “the court” substitute “a youth court”, and

(d) in the words following paragraph (b) for “the court” substitute “that
court”.

(3) Omit sub-paragraph (3) (power to grant supervision order or detention
10order is in addition to any other power of the court in relation to breach of
injunction).

(4) In sub-paragraph (9) (interpretation of Schedule 5A) omit the definition of
“appropriate court”.

8 In paragraph 4(11) (appropriate court may amend activity requirement in
15supervision order) for “the appropriate” substitute “a youth”.

9 In paragraph 5(5) (appropriate court may amend curfew requirement in
supervision order) for “the appropriate” substitute “a youth”.

10 In paragraph 6(7) (appropriate court may amend electronic monitoring
requirement in supervision order) for “the appropriate” substitute “a
20youth”.

11 In paragraph 8 (amendment of operative period of supervision order)—

(a) in sub-paragraph (1) (appropriate court may amend operative
period) for “The appropriate” substitute “A youth”, and

(b) in sub-paragraph (2) (court may make other amendments when
25amending operative period) for “The court may,” substitute “A
youth court may,”.

12 In paragraph 9(1) (change of area of residence of person subject to
supervision order) for “the appropriate” substitute “a youth”.

13 In paragraph 10(1) and (4) (application for revocation of supervision order
30to be made to appropriate court, and any further such application requires
that court’s consent) for “the appropriate” substitute “a youth”.

14 In paragraph 12 (non-compliance with supervision order)—

(a) in sub-paragraph (2) (injunction applicant may apply to appropriate
court on being informed of non-compliance) for “the appropriate”
35substitute “a youth”,

(b) omit sub-paragraph (5) (no power to make further order if defaulter
is aged 18 or over), and

(c) omit sub-paragraph (6) (powers to revoke supervision order etc are
in addition to any other powers of court in relation to breach of
40supervision order).

15 In paragraph 15(1) and (4) (application for revocation of detention order to
be made to appropriate court, and any further such application requires that
court’s consent) for “the appropriate” substitute “a youth”.

Section 18

SCHEDULE 13 Judicial appointments

Part 1 Judges of the Supreme Court: number and selection

5Introductory

1 The Constitutional Reform Act 2005 is amended as follows.

Number of judges to become maximum full-time equivalent number

2 (1) Section 23 (establishment of the Supreme Court) is amended as follows.

(2) In subsection (2) (Supreme Court consists of 12 judges)—

(a) 10for “12 judges appointed” substitute “the persons appointed as its
judges”, and

(b) after “by letters patent” insert “, but no appointment may cause the
full-time equivalent number of judges of the Court at any time to be
more than 12”.

(3) 15In subsection (3) (power to increase number of members of the Court) before
“number” insert “maximum full-time equivalent”.

(4) In subsection (7) (Court is duly constituted despite vacancy in membership
or presiding offices) omit “among the judges of the Court or”.

(5) After that subsection insert—

“(8) 20For the purposes of this section, the full-time equivalent number of
judges of the Court is to be calculated by taking the number of full-
time judges and adding, for each judge who is not a full-time judge,
such fraction as is reasonable.”

3 (1) Section 26 (selection of members of the Supreme Court) is amended as
25follows.

(2) In subsection (5) (Lord Chancellor to convene selection commission to fill
any vacancy among the members, or in the presiding offices, of the Court)
for “one of the offices mentioned in subsection (1),” substitute “the office of
President of the Court or in the office of Deputy President of the Court,”.

(3) 30After subsection (5) insert—

“(5A) If—

(a) the full-time equivalent number of judges of the Court is less
than the maximum specified in section 23(2), or it appears to
the Lord Chancellor that the full-time equivalent number of
35judges of the Court will soon be less than that maximum, and

(b) the Lord Chancellor, or the senior judge of the Court, after
consulting the other considers it desirable that a
recommendation be made for an appointment to the office of
judge of the Court,

40the Lord Chancellor must convene a selection commission for the
selection of a person to be recommended.