Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
129

      (2)
After subsection (2) insert—
“(2A)
Paragraphs (a) to (c) of subsection (2) of this section do not apply in
relation to appeals under this section from an order or decision of the
family court, but (subject to any provision made under section 56 of
the Access of Justice Act 1999 or by or under any other enactment)
5
such an appeal shall lie to the Court of Appeal.”
      (3)
In subsection (5)(a) (orders and decisions of High Court etc to which section
applies) after “High Court,” insert “the family court,”.
Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
11
In section 1(4) of the Domestic and Appellate Proceedings (Restriction of
10
Publicity) Act 1968 (courts to which section applies) after “the Crown Court”
insert “, the family court”.
Courts Act 1971 (c. 23)
12
Omit section 52(3A) of the Courts Act 1971 (subsection (3) does not apply to
family proceedings in a magistrates’ court).
15
Attachment of Earnings Act 1971 (c. 32)
13
The Attachment of Earnings Act 1971 is amended as follows.
14    (1)
Section 1 (courts with power to attach earnings) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
The family court may make an attachment of earnings order to
20
secure payments under a High Court or family court maintenance
order.”
      (3)
In subsection (2) (county court) omit paragraph (a) (maintenance orders).
      (4)
In subsection (3) (magistrates’ courts) omit paragraph (a) (maintenance
orders).
25
15
In section 2(b) (meaning of “High Court maintenance order” etc)—
(a)
for “, “county court maintenance order” and “magistrates’ court”
substitute “and “family court”, and
(b)
for “, a county court and a magistrates’ court;” substitute “and the
family court;”.
30
16    (1)
Section 3 (application for order and conditions of court’s power to make it)
is amended as follows.
      (2)
In subsection (1)(a) (payee may apply) after “through” insert “any court or”.
      (3)
In subsection (1) (applicants) for paragraph (c) substitute—
“(c)
without prejudice to paragraph (a) above, an officer of the
35
family court if the application is to the family court for an
order to secure maintenance payments and there is in force
an order that those payments be made to the court or an
officer of the court;”.
      (4)
In subsections (1)(d)(ii) and (4)(a) (maintenance payments) for the words
40
between “or” and “for” substitute “the family court”.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
130

      (5)
In subsection (4)—
(a)
omit paragraph (b) and the “or” preceding it, and
(b)
in the words after paragraph (b), omit the words after “1869”.
17
In section 6(7) (meaning of “collecting officer”)—
(a)
in paragraph (a) after “of” insert “the family court or”, and
5
(b)
after paragraph (a) insert—
“(aa)
in the case of an order made by the family court, the
appropriate officer of that court;”.
18
In section 8(3) (order ceases to have effect when warrant issued) omit the
words after “related maintenance order”.
10
19
In section 10 (reduction of normal deduction rate)—
(a)
in subsection (2) for “a county” substitute “the family”, and
(b)
omit subsection (3) (magistrates’ courts).
20
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
15
maintenance order);”.
21
In section 15D (interpretation of sections 15A to 15C) after subsection (2)
insert—
“(2A)
If the lapsed order was made by the family court, the proper
authority is the family court.”
20
22
In section 16(2)(d) (power of collecting officer) for “magistrates’ court”
substitute “family court”.
23    (1)
Section 18 (collecting officers of magistrates’ courts) is amended as follows.
      (2)
In subsection (1)—
(a)
for the words before paragraph (a) substitute “Where payments
25
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
the family court is to—”, and
(b)
in the words after paragraph (c) for “him” substitute “the family
court or an officer of that court”.
30
      (3)
In subsection (2) for “the designated officer for a magistrates’ court”
substitute “an officer of the family court”.
      (4)
Omit subsection (3).
24    (1)
Section 20 (persons residing outside England and Wales) is amended as
follows.
35
      (2)
In subsection (1)—
(a)
for “a magistrates’ court”, in both places, substitute “the family
court”, and
(b)
for “a complaint”, in both places, substitute “an application”.
      (3)
In subsections (2) to (4) for “complaint”, in each place, substitute
40
“application”.
      (4)
In subsection (4) for “complainant” substitute “applicant”.
25
In section 21 (costs on application under section 16)—

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
131

(a)
in subsection (1) omit “(but subject to section 18(2)(b) of this Act)”,
and
(b)
in subsection (2) for the words from “deemed—” to “otherwise,”
substitute “deemed”.
26
In section 23 (enforcement) after subsection (10) insert—
5
“(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)
to 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)
10
27
In section 48(2) (nullity proceedings to be in private unless judge otherwise
directs) for “judge” substitute “court”.
Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)
28    (1)
The Inheritance (Provision for Family and Dependants) Act 1975 is amended
as follows.
15
      (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
court”.
      (3)
In section 15ZA(2) (restriction imposed in proceedings for the dissolution etc
20
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)
In section 15A(1) (restriction imposed in proceedings under Matrimonial
and Family Proceedings Act 1984 on application under the 1975 Act:
25
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
Civil Partnership Act 2004 on application under the 1975 Act: meaning of
“the court”) for the words from “, where a county court has jurisdiction” to
30
the end substitute “the family court”.
Torts (Interference with Goods) Act 1977 (c. 32)
29
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
35
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
(including references to rules of court under any particular
enactment) were references to Family Procedure Rules.”
Charging Orders Act 1979 (c. 53)
40
30    (1)
The Charging Orders Act 1979 is amended as follows.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
132

      (2)
In sections 1(1) and (6), 3(4A)(a) and 6(2) (charging orders in respect of
orders 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”.
5
      (4)
In section 1(2) (meaning of “appropriate court”) after paragraph (b) insert—
“(ba)
in 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)”.
10
Magistrates’ Courts Act 1980 (c. 43)
31
The Magistrates’ Courts Act 1980 is amended as follows.
32
In section 58(2) (sums recoverable summarily as a civil debt) omit paragraph
(a) (including the “or” at the end).
33    (1)
Section 59 (orders for periodical payment: means of payment) is amended as
15
follows.
      (2)
In 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”.
20
      (3)
Omit subsections (2), (3)(cc), (3A), (5), (7) to (12) (maintenance orders).
      (4)
In subsection (3) omit paragraphs (c) to (d).
34    (1)
Section 59A(7) (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
25
made by a magistrates’ court”.
      (3)
In subsection (7) (interpretation)—
(a)
in the definition of “the relevant designated officer”—
(i)
after paragraph (a) insert “and”, and
(ii)
omit paragraph (c),
30
(b)
omit the definition of “relevant UK order”, and
(c)
omit the words after that definition.
35
Omit section 59B (power of magistrates’ court to impose penalty for breach
of certain maintenance orders).
36
In section 60 (variation etc of orders for periodical payments)—
35
(a)
omit subsections (3) to (10B) (which relate to maintenance orders),
and
(b)
in subsection (11) (interpretation) omit paragraph (b) and the “and”
preceding it.
37
In section 61(2) in the definition of “periodical payments order” omit the
40
words from “, or registered” to “1958,”.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
133

38    (1)
Section 62 (payments required to be made to a child) is amended as follows.
      (2)
In subsection (1) omit paragraph (b) and the “and” preceding it.
      (3)
In subsection (3) omit “or registered in”.
      (4)
Omit subsection (6) (meaning of “registered”).
39
In section 64 (costs)—
5
(a)
omit subsections (1A), (4) and (4A),
(b)
in subsection (2) omit “or (4A)”, and
(c)
in subsection (3) omit “Subject to subsection (4) below,”.
40
Omit sections 65 to 67, 68A, 69, 70, 71, 73, 74 and 75(2A) to (2C) (family
proceedings in magistrates’ courts).
10
41
Omit—
(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”,
15
and
(c)
in section 100 (evidence) paragraph (b) and the “or” preceding it.
42    (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
20
Child 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”.
25
      (5)
Omit subsection (5) (meaning in the section of “family proceedings”).
      (6)
In the title for “family” substitute “child support”.
43
In section 112(2) (decisions on appeals under section 111A) for “a county”
substitute “the family” in both places.
Contempt of Court Act 1981 (c. 49)
30
44
In section 14 of the Contempt of Court Act 1981 (penalties for contempt of
court) 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
35
court, but—
(a)
this 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
40
provisions of this section, and

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
134

(b)
section 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)
5
45
The Senior Courts Act 1981 is amended as follows.
46
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.”
10
47
In 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.”
48
In section 35(1) (limits on High Court’s power to make orders under sections
15
33 and 34) for “The High Court” substitute “A court”.
49
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.”
20
50
In 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”.
25
51    (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
30
have been commenced in county court) before “in accordance” insert “or
family court”.
52
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.”
35
53
In 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)
54
The County Courts Act 1984 is amended as follows.
40

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
135

55
In 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”.
56
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
5
the family court has”.
57
Omit sections 40(9) and 42(8) and, in section 41(2), the words after
“prerogative orders)” (references to family jurisdiction of county court).
58
In section 57 (evidence of prisoners) after subsection (4) insert—
“(5)
This section applies in relation to the family court as it applies in
10
relation to the county court.”
59
In section 61 (rights of audience by direction) after subsection (3) insert—
“(3A)
Subsections (1) to (3) apply in relation to the family court as they
apply in relation to the county court.”
60
In section 71 (satisfaction of orders for payment of costs etc) after subsection
15
(2) insert—
“(3)
Subsections (1) and (2), so far as relating to costs, apply in relation to
the family court as they apply in relation to the county court.”
61
In section 131 (appointment of auditors etc) after “controlling the accounts
of” insert “the family court or”.
20
62
In section 132 (payments of expenses etc)—
(a)
in paragraph (b) (costs of books etc) after “offices” insert “, and the
family court and its offices,”,
(b)
in paragraph (c) (costs of transport to prison) after “committed by”
insert “the family court or”, and
25
(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”.
Children Act 1989 (c. 41)
63
In section 97 of the Children Act 1989 (privacy for children involved in
30
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
a magistrates’ court” substitute “or the family court”.
35
Courts and Legal Services Act 1990 (c. 41)
64    (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)
in paragraph (a) (conferring jurisdiction on High Court) after
40
“which” insert “the family court or”,
(b)
in paragraph (b) (conferring jurisdiction on county court) after “on”
insert “the family court or”,