Crime and Courts Bill [HL]

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
136

(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
the family court;”.
      (3)
In section 1(3) (criteria for distinguishing categories of proceedings) after
paragraph (c) insert—
10
“(ca)
any relationship between the proceedings and any other
proceedings;”.
      (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
court,”.
      (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
interested party.”
      (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
interested party, or
(b)
of its own motion, in the course of any proceedings
concerning the order,

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
137


exercise any of its powers under subsection (4A) below in relation to
the order.”
      (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
Lord Chancellor.”
20
      (7)
In subsection (6)(a) after “(4) above” insert “or under paragraph (b) of
subsection (4A) above”.
      (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
of Parliament.”
     (11)
In the title, and in the preceding italic heading, for “county courts” substitute
“family court”.
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)
insert—
“(aa)
the family court,”.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
138

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
court”.
69
In section 56(1) (power to prescribe alternative appellate court) after
paragraph (a) insert—
5
“(aa)
the family court,”.
70
In section 57(1) (appeals otherwise than to Court of Appeal may be
redirected there)—
(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
sought,”.
Courts Act 2003 (c. 39)
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
proceedings court”.
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
of”.
75
Omit section 30(6) (exclusion of family proceedings).
76
In section 66 (judges having powers of District Judges (Magistrates’ Courts))
omit—
(a)
in subsection (1), paragraph (b) and the “and” preceding it, and
30
(b)
subsection (4).
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
“different cases or”.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 2 — The family court: further amendments
139

78    (1)
Section 76 (further provision about scope of Family Procedure Rules) is
amended as follows.
      (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
(b)
omit paragraph (b).
10
      (3)
In subsection (3) (rules may modify rules of evidence) omit the words after
“proceedings”.
79    (1)
Section 77(2) (membership of Family Rule Procedure Committee) is
amended as follows.
      (2)
Omit paragraphs (i) and (l).
15
      (3)
In paragraphs (j) and (m) for “magistrates’ courts” substitute “the family
court”.
80    (1)
Section 81 (practice directions relating to family proceedings) is amended as
follows.
      (2)
In subsection (1)—
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
family court”, and
(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
(aa)
the family court.”
      (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

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 3 — Repeals and revocations in consequence of Parts 1 and 2 of this Schedule
140

for the Crown Court insert—
“the family court”.
Part 3
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
shown.

Reference
Extent of repeal or revocation

Administration of Justice Act
Section 48(3).

1970 (c. 31)

Administration of Justice Act
In Schedule 3, paragraphs 3 and 4(a).

10

1977 (c. 38)

Magistrates’ Courts Act 1980
Section 53(4).

(c. 43)
Section 54(3) and (4).

Section 55(9).

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,”.

Section 57A(3).

In section 64—

20

(a)
subsection (1A),

(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”.

Section 111(7).

Section 121(8).

Section 144(1)(b).

30

Section 145(1)(ga).

In section 150(1), the definitions of “Family

Procedure Rules”, “family proceedings”,

“magistrates’ court maintenance order” and

“maintenance order”.

35

Civil Jurisdiction and
In Schedule 11, paragraph 2.

Judgments Act 1982 (c. 27)
In Schedule 12, paragraphs 3 and 7.

Matrimonial and Family
Section 44.

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

(c. 42)
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
Sections 7 and 8.

1991 (c. 17)
In Schedule 1, paragraphs 8 and 9.

45

In Schedule 2, paragraphs 6 to 8 and 11(1).

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 3 — Repeals and revocations in consequence of Parts 1 and 2 of this Schedule
141

Reference
Extent of repeal or revocation

Social Security (Consequential
In Schedule 2, paragraph 60.

Provisions) Act 1992 (c. 6)

Transfer of Functions
In Schedule 2, the entries for sections 59 and

(Magistrates’ Courts and
94A of the Magistrates’ Courts Act 1980.

5

Family Law) Order 1992

(S.I. 1992/709)

Maintenance Orders
Article 3 and Schedule 2.

(Backdating) Order 1993

(S.I. 1993/623)

10

Child Support Act 1991
Article 3.

(Consequential

Amendments) Order 1994

(S.I. 1994/731)

Family Law Act 1996
Article 2.

15

(Modifications of

Enactments) Order 1997

(S.I. 1997/1898)

Crime and Disorder Act 1998
In Schedule 8, paragraph 42.

(c. 37)

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.

Social Security Act 2000

(c. 19)

25

Civil Jurisdiction and
In Schedule 3, paragraphs 5, 11 and 12(b) and

Judgments Order 2001
(c).

(S.I. 2001/3929)

Adoption and Children Act
In Schedule 3, paragraphs 37, 38 and 39(b)(i).

2002 (c. 38)

30

Courts Act 2003 (c. 39)
Section 26(4).

Section 49(1).

In Schedule 8, paragraphs 98 to 101, 143, 208(3),

210, 211(3) and (4), 214 to 217, 228, 229 and

349.

35

Civil Partnership Act 2004
In Schedule 27, paragraphs 22, 64 and 65.

(c. 33)

Constitutional Reform Act 2005
In Schedule 4, paragraphs 101, 213 and 344(4).

(c. 4)

European Communities
Regulation 4.

40

(Jurisdiction and Judgments

in Matrimonial and Parental

Responsibility Matters)

Regulations 2005 (S.I. 2005/

265)

45

Childcare Act 2006 (c. 21)
In Schedule 2, paragraph 2.

Legal Services Act 2007 (c. 29)
In Schedule 21, paragraph 144(2)(b).

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
142

Reference
Extent of repeal or revocation

Civil Jurisdiction and
In the Schedule, paragraph 9.

Judgments Regulations 2007

(S.I. 2007/1655)

Human Fertilisation and
In Schedule 6, paragraph 20.

5

Embryology Act 2008 (c. 22)

Children and Families (Wales)
In Schedule 1, paragraphs 1 and 2.

Measure 2010 (nawm 1)

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/

1898)

15

Family Procedure (Modification
Articles 3, 5, 6(b), 7, 10(b) and (d) and 11 to 14.

of Enactments) Order 2011

(S.I. 2011/1045)

Civil Jurisdiction and
Regulation 2.

Judgments (Maintenance)

20

(Rules of Court) Regulations

2011 (S.I. 2011/1215)

Civil Jurisdiction and
In Schedule 7, paragraphs 2(4) and 9(2).

Judgments (Maintenance)

Regulations 2011 (S.I. 2011/

25

1484)

Schedule 11
Section 17

Transfer of jurisdiction to family court
Part 1
Amendments of enactments
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
possession of property)—
(a)
for “such county court as may be prescribed” substitute “the family
court”, and
40
(b)
omit the words after “rules of court”.