|
| |
|
(c) | in paragraph (c) (allocating proceedings) after “High Court” insert |
| |
“or to the family court”, |
| |
(d) | after paragraph (d) insert— |
| |
“(da) | specifying proceedings which may be commenced |
| |
only in the family court,”, and |
| 5 |
(e) | after paragraph (f) insert— |
| |
“(fa) | specifying proceedings which may be taken only in |
| |
| |
(3) | In section 1(3) (criteria for distinguishing categories of proceedings) after |
| |
| 10 |
“(ca) | any relationship between the proceedings and any other |
| |
| |
(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 |
| 15 |
| |
(5) | In section 1(10) (no power to confer judicial review jurisdiction on county |
| |
court) 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 |
| 20 |
rules about family proceedings in magistrates’ courts). |
| |
(8) | In section 11 (representation in certain county court cases)— |
| |
(a) | after subsection (9) insert— |
| |
“(9A) | This section applies in relation to the family court as it applies |
| |
in relation to the county court.”, and |
| 25 |
(b) | in the title after “county court” insert “and family court”. |
| |
Maintenance Enforcement Act 1991 (c. 17) |
| |
65 (1) | Section 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”. |
| 30 |
(3) | After subsection (1) insert— |
| |
“(1A) | Where the family court makes a qualifying periodical maintenance |
| |
order, 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 |
| 35 |
| |
(4) | After subsection (3) insert— |
| |
“(3A) | Where 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 |
| 40 |
| |
(b) | of its own motion, in the course of any proceedings |
| |
| |
|
| |
|
| |
|
| exercise any of its powers under subsection (4A) below in relation to |
| |
| |
(5) | After subsection (4) insert— |
| |
“(4A) | The powers mentioned in subsections (1A) and (3A) above are— |
| |
(a) | the power to order that payments under the qualifying |
| 5 |
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 |
| |
the court, or an officer of the court, are to be so made by such |
| 10 |
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 |
| 15 |
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) | any method of payment specified in regulations made by the |
| |
| 20 |
(7) | In subsection (6)(a) after “(4) above” insert “or under paragraph (b) of |
| |
| |
(8) | In subsection (7) (powers where order made under subsection (4)(a))— |
| |
(a) | for “or (3)” substitute “, (1A), (3) or (3A)”, and |
| |
(b) | after “(4)(a)” insert “or (4A)”. |
| 25 |
(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 |
| |
section 30 of the Child Support Act 1991 and regulations made under |
| |
that section, arranging for the collection of payments under the |
| 30 |
qualifying periodical maintenance order in question.” |
| |
(10) | After subsection (10) insert— |
| |
“(11) | The power of the Lord Chancellor to make regulations under |
| |
subsection (5)(c) above is exercisable by statutory instrument, and a |
| |
statutory instrument containing regulations under subsection (5)(c) |
| 35 |
is subject to annulment in pursuance of a resolution of either House |
| |
| |
(11) | In the title, and in the preceding italic heading, for “county courts” substitute |
| |
| |
Access to Justice Act 1999 (c. 22) |
| 40 |
66 | The Access to Justice Act 1999 is amended as follows. |
| |
67 | In section 54(1) (rules may require permission to appeal) after paragraph (a) |
| |
| |
“(aa) | the family court,”. |
| |
|
| |
|
| |
|
68 | 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 |
| |
| |
69 | In section 56(1) (power to prescribe alternative appellate court) after |
| |
| 5 |
“(aa) | the family court,”. |
| |
70 | In section 57(1) (appeals otherwise than to Court of Appeal may be |
| |
| |
(a) | before “or the High Court” insert “, the family court”, and |
| |
(b) | after paragraph (b) insert “or |
| 10 |
(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 |
| |
| |
| 15 |
71 | The Courts Act 2003 is amended as follows. |
| |
72 | In section 1(1) (Lord Chancellor’s general duty to ensure that support |
| |
systems and services, including staff and accommodation, are provided for |
| |
certain courts) for the “and” at the end of paragraph (b) substitute— |
| |
“(ba) | the family court, and”. |
| 20 |
73 | In section 18(5)(a) (presiding at sittings of justices) omit “or family |
| |
| |
74 | In section 19(2)(e) (committees may be established under rules to advise on |
| |
authorisation of justices for specific purposes) for “members of family |
| |
proceedings courts or” substitute “judges of the family court or as members |
| 25 |
| |
75 | Omit section 30(6) (exclusion of family proceedings). |
| |
76 | In section 66 (judges having powers of District Judges (Magistrates’ Courts)) |
| |
| |
(a) | in subsection (1), paragraph (b) and the “and” preceding it, and |
| 30 |
| |
77 (1) | Section 75 (Family Procedure Rules) is amended as follows. |
| |
(2) | In 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— |
| 35 |
“(3) | “Family proceedings” means— |
| |
(a) | proceedings in the family court, and |
| |
(a) | proceedings 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 |
| 40 |
the High Court and no other.” |
| |
(4) | In subsection (4) (differential provision) before “different areas” insert |
| |
| |
|
| |
|
| |
|
78 (1) | Section 76 (further provision about scope of Family Procedure Rules) is |
| |
| |
(2) | In 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 |
| 5 |
rules under section 31O(4) of the Matrimonial and |
| |
Family Proceedings Act 1984, for any functions of a |
| |
court in family proceedings to be carried out by |
| |
officers or other staff of the court.” and |
| |
| 10 |
(3) | In subsection (3) (rules may modify rules of evidence) omit the words after |
| |
| |
79 (1) | Section 77(2) (membership of Family Rule Procedure Committee) is |
| |
| |
(2) | Omit paragraphs (i) and (l). |
| 15 |
(3) | In paragraphs (j) and (m) for “magistrates’ courts” substitute “the family |
| |
| |
80 (1) | Section 81 (practice directions relating to family proceedings) is amended as |
| |
| |
| 20 |
(a) | in paragraph (za) after “Court of Appeal” insert “in proceedings on |
| |
appeal from the Family Division of the High Court or from the |
| |
| |
(b) | for the words after paragraph (za) substitute— |
| |
“(zb) | the Family Division of the High Court in proceedings |
| 25 |
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, and |
| |
| |
(3) | In subsection (2) for the words “of those courts in family proceedings” |
| 30 |
substitute “mentioned in subsection (1) which are”. |
| |
(4) | In subsection (2A) for “of any relevant court in family proceedings” |
| |
substitute “mentioned in subsection (1)”. |
| |
(5) | In subsection (3)(a) for “of any relevant court in family proceedings,” |
| |
substitute “mentioned in subsection (1),”. |
| 35 |
(6) | In subsection (5) omit the definition of “relevant court”. |
| |
81 | In section 92(1) (power to prescribe fees for things dealt with by certain |
| |
courts) after paragraph (a) insert— |
| |
“(aa) | the family court,”. |
| |
Constitutional Reform Act 2005 (c. 4) |
| 40 |
82 | The Constitutional Reform Act 2005 is amended as follows. |
| |
83 | In section 7(4) (courts of which Lord Chief Justice is president) after the entry |
| |
|
| |
|
| |
|
for the Crown Court insert— |
| |
| |
| |
Repeals and revocations in consequence of Parts 1 and 2 of this Schedule |
| |
84 | The provisions specified in the Table are repealed or revoked to the extent |
| 5 |
| |
| | Extent of repeal or revocation |
| | | | Administration of Justice Act |
| | | | | | | | | | Administration of Justice Act |
| In Schedule 3, paragraphs 3 and 4(a). |
| | 10 | | | | | | | Magistrates’ Courts Act 1980 |
| | | | | | | | | | | | | | | | In section 56 the words from the beginning to |
| | 15 | | | “any magistrates’ court,”. |
| | | | | In section 57 the words from the beginning to |
| | | | | “any magistrates’ court,”. |
| | | | | | | | | | | | 20 | | | | | | | | (b) | in subsection (2) the words “or (4A)”, |
| | | | | (c) | in subsection (3) the words “Subject to |
| | | | | subsection (4) below,”, and |
| | | | | (d) | subsections (4) and (4A). |
| | 25 | | | In section 97(1)(a) and (2) the words “or of an |
| | | | | application in family proceedings”. |
| | | | | | | | | | | | | | | | | 30 | | | | | | | | In section 150(1), the definitions of “Family |
| | | | | Procedure Rules”, “family proceedings”, |
| | | | | “magistrates’ court maintenance order” and |
| | | | | | | 35 | | | In Schedule 11, paragraph 2. |
| | | | Judgments Act 1982 (c. 27) |
| In Schedule 12, paragraphs 3 and 7. |
| | | | | | | | | Proceedings Act 1984 (c. 42) |
| In Schedule 1, paragraphs 4 and 5. |
| | | | Family Law Reform Act 1987 |
| In Schedule 2, paragraphs 18, 81, 83 to 85 and |
| | 40 | | | | | | | 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 |
| | | | | | In Schedule 1, paragraphs 8 and 9. |
| | 45 | | | In Schedule 2, paragraphs 6 to 8 and 11(1). |
| | |
|
|
| |
|
| |
|
| | Extent of repeal or revocation |
| | | | Social Security (Consequential |
| In Schedule 2, paragraph 60. |
| | | | Provisions) Act 1992 (c. 6) |
| | | | | | In Schedule 2, the entries for sections 59 and |
| | | | | 94A of the Magistrates’ Courts Act 1980. |
| | 5 | | | | | | | | | | | | | Article 3 and Schedule 2. |
| | | | | | | | | | | | 10 | | | | | | | | | | | | | | | | | | | | | | | | | 15 | | | | | | | | | | | | | | | | | Crime and Disorder Act 1998 |
| In Schedule 8, paragraph 42. |
| | | | | | | 20 | | Access to Justice Act 1999 (c. 22) |
| In Schedule 10, paragraphs 33 and 34. |
| | | | | In Schedule 11, paragraphs 26 and 27. |
| | | | Child Support, Pensions and |
| In Schedule 8, paragraph 2. |
| | | | | | | | | | | | 25 | | | In Schedule 3, paragraphs 5, 11 and 12(b) and |
| | | | | | | | | | | | | | Adoption and Children Act |
| In Schedule 3, paragraphs 37, 38 and 39(b)(i). |
| | | | | | | 30 | | | | | | | | | | | | | In Schedule 8, paragraphs 98 to 101, 143, 208(3), |
| | | | | 210, 211(3) and (4), 214 to 217, 228, 229 and |
| | | | | | | 35 | | Civil Partnership Act 2004 |
| In Schedule 27, paragraphs 22, 64 and 65. |
| | | | | | | | | Constitutional Reform Act 2005 |
| In Schedule 4, paragraphs 101, 213 and 344(4). |
| | | | | | | | | | | | 40 | | (Jurisdiction and Judgments |
| | | | | in Matrimonial and Parental |
| | | | | | | | | | Regulations 2005 (S.I. 2005/ |
| | | | | | | | 45 | | Childcare Act 2006 (c. 21) |
| In Schedule 2, paragraph 2. |
| | | | Legal Services Act 2007 (c. 29) |
| In Schedule 21, paragraph 144(2)(b). |
| | |
|
|
| |
|
| |
|
| | Extent of repeal or revocation |
| | | | | In the Schedule, paragraph 9. |
| | | | Judgments Regulations 2007 |
| | | | | | | | | | | In Schedule 6, paragraph 20. |
| | 5 | | Embryology Act 2008 (c. 22) |
| | | | | Children and Families (Wales) |
| In Schedule 1, paragraphs 1 and 2. |
| | | | | | | | | Parental Responsibility and |
| In the Schedule, paragraph 1. |
| | | | Measures for the Protection |
| | | 10 | | of Children (International |
| | | | | Obligations) (England and |
| | | | | Wales and Northern Ireland) |
| | | | | Regulations 2010 (S.I. 2010/ |
| | | | | | | | 15 | | Family Procedure (Modification |
| Articles 3, 5, 6(b), 7, 10(b) and (d) and 11 to 14. |
| | | | of Enactments) Order 2011 |
| | | | | | | | | | | | | | | | | | 20 | | (Rules of Court) Regulations |
| | | | | | | | | | | In Schedule 7, paragraphs 2(4) and 9(2). |
| | | | | | | | | Regulations 2011 (S.I. 2011/ |
| | | 25 | | | | | |
|
|
| |
| |
Transfer of jurisdiction to family court |
| |
| |
| 30 |
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”. |
| 35 |
3 | In 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 |
| |
| |
(a) | for “such county court as may be prescribed” substitute “the family |
| |
| 40 |
(b) | omit the words after “rules of court”. |
| |
|
| |
|