Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
143

Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)
4     (1)
The Maintenance Orders (Facilities for Enforcement) Act 1920 is amended in
accordance with paragraphs 5 to 11.
      (2)
The amendments made by paragraphs 5 to 11 cease to have effect on the
coming into force of the repeal of the Maintenance Orders (Facilities for
5
Enforcement) Act 1920 by section 22(2)(a) of the Maintenance Orders
(Reciprocal Enforcement) Act 1972.
5
In section 1(2) (courts in which maintenance orders from Her Majesty’s
dominions outside the United Kingdom are to be registered) after “and, if
the court was not a court of superior jurisdiction, be” insert “the family court,
10
or, in Northern Ireland,”.
6     (1)
Section 3 (power of courts in England and Wales, or Northern Ireland, to
make provisional orders of maintenance against certain persons resident
outside the United Kingdom) is amended as follows.
      (2)
In subsection (1) (circumstances in which provisional orders may be made)
15
for “a court of summary jurisdiction in England or Ireland” substitute “the
family court, or in Northern Ireland to a court of summary jurisdiction,”.
      (3)
In subsection (4) (taking of evidence by court of summary jurisdiction at
request of court in a part of Her Majesty’s dominions outside the United
Kingdom)—
20
(a)
omit “of summary jurisdiction” in the first place, and
(b)
after “that court or” insert “, in Northern Ireland,”.
      (4)
In subsection (5) (confirmation of order does not affect any power of court of
summary jurisdiction to vary or revoke order, provided certain
requirements are met)—
25
(a)
after “any power of” insert “the family court, or”, and
(b)
after “summary jurisdiction” insert “in Northern Ireland,”.
      (5)
Omit subsection (7) (variation etc in a magistrates’ court in England and
Wales).
7     (1)
Section 4 (power of court of summary jurisdiction to confirm maintenance
30
order made outside the United Kingdom) is amended as follows.
      (2)
In subsection (1) (procedure for determining whether order should be
confirmed by court of summary jurisdiction)—
(a)
after “confirmed by” insert “the family court or by”,
(b)
omit “England or” in the first place,
35
(c)
after “send the said documents” insert “to the family court if it
appears to the Lord Chancellor that the person is resident in England
and Wales or”, and
(d)
after “court of summary jurisdiction”, in the second place, insert “in
Northern Ireland if it appears to the Lord Chancellor that the person
40
is resident in Northern Ireland”.
      (3)
In subsection (5A) (exercise of powers where a magistrates’ court in England
and Wales confirms a provisional order)—
(a)
for “a magistrates’” substitute “the family”, and
(b)
for “shall” substitute “may”.
45

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
144

      (4)
In subsection (5B) (available powers)—
(a)
in each of paragraphs (a) and (b) for “the designated officer for the
court or for any other magistrates’ court” substitute “the family
court”, and
(b)
in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
5
substitute “1(5) of the Maintenance Enforcement Act 1991”.
      (5)
In subsection (5C) (deciding on exercise of powers)—
(a)
for “which of” substitute “whether to exercise any of its”, and
(b)
omit “it is to exercise”.
      (6)
In subsection (5D) (power to require account to be opened) for “Subsection
10
(4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection
(6) of section 1 of the Maintenance Enforcement Act 1991”.
      (7)
In subsection (6) omit “Subject to subsection (6A),”.
      (8)
Omit subsection (6A) (modifications of section 60 of the Magistrates’ Courts
Act 1980).
15
8     (1)
Section 4A (variation and revocation of maintenance orders) is amended as
follows.
      (2)
In subsection (2) (jurisdiction of magistrates’ court where respondent
resides in a part of Her Majesty’s dominions outside the United Kingdom to
which the Act extends) for “a magistrates’ court in England and Wales”
20
substitute “the family court”.
      (3)
In subsection (4) (magistrates’ court hearings in absence of respondent), in
paragraph (a) for “a magistrates’ court in England and Wales” substitute
“the family court”.
      (4)
In subsection (5) (application of subsection (4) to Northern Ireland with
25
modifications) in paragraph (c) for “a magistrates’ court in England and
Wales” substitute “the family court”.
9     (1)
Section 6 (mode of enforcing orders) is amended as follows.
      (2)
In subsection (1) (enforcement steps to be taken by court of summary
jurisdiction) omit “of summary jurisdiction”.
30
      (3)
For subsection (2) substitute—
“(2)
Every such order registered in or confirmed by the family court is
enforceable as if it were an order made by the family court and as if
that court had had jurisdiction to make it.”
      (4)
In subsection (3) (execution of a warrant in a part of the United Kingdom in
35
which the issuing court does not have jurisdiction) after “issued by” insert
“the family court or”.
10
In section 9 (use of depositions taken outside United Kingdom) after “courts
of summary jurisdiction” insert “, or the family court,”.
11
In section 11(za) (application of section 3 to Northern Ireland) for “for
40
subsection (7) of that section there shall be substituted” substitute “after
subsection (6) of that section there shall be inserted”.

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
145

Marriage Act 1949 (c. 76)
12
The Marriage Act 1949 is amended as follows.
13
In section 3(5) (marriage of persons aged 16 or 17: meaning of “the court”
and provision about rules of court)—
(a)
for the words from “, the county court of the district” to the second
5
“in which any applicant or respondent resides” substitute “or the
family court”,
(b)
omit paragraph (b), and
(c)
in paragraph (c) for “a court of summary jurisdiction” substitute “the
family court”.
10
14    (1)
Section 27B (provisions relating to section 1(3) marriages) is amended as
follows.
      (2)
In subsection (4) (certificate not to be issued if alleged that section 1(3)
criteria not met, unless declaration obtained from High Court under
subsection (5)) omit “from the High Court”.
15
      (3)
In subsection (5) (application to High Court for declaration) after “High
Court” insert “or the family court”.
Maintenance Orders Act 1950 (c. 37)
15
The Maintenance Orders Act 1950 is amended as follows.
16
In section 4(1) (court of summary jurisdiction in England has jurisdiction in
20
proceedings for the recovery of sums under certain provisions against
person residing in Scotland or Northern Ireland) for “A court of summary
jurisdiction in England” substitute “The family court”.
17    (1)
Section 17 (procedure for registration of maintenance orders) is amended as
follows.
25
      (2)
Omit subsection (1)(a) (authority to whom application is to be made for
registration of maintenance order made by court of summary jurisdiction in
England).
      (3)
In subsection (3)(b) (court to whose officer certified copy of maintenance
order is to be sent) for the words after “in any other case” substitute “—
30
(i)
where the defendant appears to be in England and
Wales, the family court;
(ii)
where the defendant appears to be in Northern
Ireland, a court of summary jurisdiction acting for the
place in which the defendant appears to be;
35
(iii)
where the defendant appears to be in Scotland, the
sheriff court within the jurisdiction of which the
defendant appears to be.”
      (4)
In subsection (6) (court officer may apply, on behalf of person entitled to
maintenance payments made to or through the officer, for registration of
40
order under which they are made) for “made by a court of summary
jurisdiction in England or Northern Ireland” substitute “made by the family
court or a court of summary jurisdiction in Northern Ireland”.
18    (1)
Section 18 (enforcement of registered orders) is amended as follows.

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
146

      (2)
In subsection (1A) (interest)—
(a)
after “under this Part of this Act in” insert “the family court or”,
(b)
omit “England or”,
(c)
omit “Part I of the Maintenance Orders Act 1958 or”, and
(d)
omit “section 2A of the said Act of 1958 or”.
5
      (3)
Omit subsections (2) to (2ZB) (enforcement of registered orders in
magistrates’ courts).
      (4)
In subsection (2A) (offence of not giving notice of change of address to
proper officer) omit “England or”.
      (5)
In subsection (2B) (meaning of “proper officer”) omit paragraph (a)
10
(including the “and” at the end).
19    (1)
Section 19 (functions of collecting officer etc) is amended as follows.
      (2)
In subsection (1) (provisions in maintenance order about payment to court
have no effect if order is registered)—
(a)
for “or”, in the first place, substitute “by the family court or in”, and
15
(b)
after “through or to any” insert “court or”.
      (3)
In subsection (2) (court in which maintenance order registered to order
payment to be made through collecting officer) omit—
(a)
“England or” in both places, and
(b)
“, as the case may be”.
20
      (4)
Omit subsection (3)(a) (variation etc of orders made in England and Wales
under subsection (2)).
      (5)
In subsection (4) after “through or to any” insert “court or”.
20
In section 20(1)(a) (certificates as to arrears under registered maintenance
orders)—
25
(a)
after “to or through” insert “a court or”, and
(b)
after “signed by” insert “an officer of that court or (as the case may
be)”.
21    (1)
Section 22 (discharge and variation of maintenance orders registered in
summary or sheriff courts) is amended as follows.
30
      (2)
In subsection (1) (variation of maintenance order) for “a court of summary
jurisdiction or” substitute “the family court, a court of summary jurisdiction
in Northern Ireland or a”.
      (3)
In subsection (1A) (power of magistrates’ court to vary payments under
registered maintenance order) for “a magistrates’ court in England and
35
Wales” substitute “the family court”.
      (4)
In subsection (1B) (available powers)—
(a)
in each of paragraphs (a) and (b) for “the designated officer for the
court or for any other magistrates’ court in England and Wales”
substitute “the family court”, and
40
(b)
in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
substitute “1(5) of the Maintenance Enforcement Act 1991”.
      (5)
In subsection (1C) (deciding on exercise of powers)—
(a)
for “which of” substitute “whether to exercise any of its”, and

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
147

(b)
omit “it is to exercise”.
      (6)
In subsection (1D) (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”.
      (7)
Omit subsection (1E) (modifications of section 60 of the Magistrates’ Courts
5
Act 1980).
      (8)
In subsection (4) (court in which order registered may vary it only under
subsection (1)) for “a court of summary jurisdiction or” substitute “the
family court, a court of summary jurisdiction in Northern Ireland or a”.
      (9)
In subsection (5) (evidence) for “a court of summary jurisdiction or”
10
substitute “the family court, a court of summary jurisdiction in Northern
Ireland or a”.
22    (1)
Section 24 (cancellation of registration) is amended as follows.
      (2)
In subsection (2) (notice by appropriate authority where defendant ceases to
reside in England and Wales, Northern Ireland or Scotland) for “a court of
15
summary jurisdiction in England or Northern Ireland” substitute “the
family court, a court of summary jurisdiction in Northern Ireland”.
      (3)
In subsection (5A) (effect of cancellation of registration in a magistrates’
court in England and Wales)—
(a)
in the words before paragraph (a) for “a magistrates’” substitute “the
20
family”,
(b)
in paragraph (a) omit “section 18(2ZA) or” and “or (1E)”, and
(c)
in paragraph (b)—
(i)
for “the designated officer for a magistrates’ court in England
and Wales” substitute “the family court”, and
25
(ii)
for “59(6) of the Magistrates’ Courts Act 1980” substitute
“1(5) of the Maintenance Enforcement Act 1991”.
      (4)
In subsection (6) (orders under section 19(2)) omit “England or”.
23
In section 25(3) (rules as to procedure of courts of summary jurisdiction) for
“a court of summary jurisdiction in England or Northern Ireland” substitute
30
“the family court or a court of summary jurisdiction in Northern Ireland”.
24
In section 28(1) (interpretation) in the definition of “collecting officer” omit
“in relation to a court of summary jurisdiction in England, means the
designated officer for the court, and”.
Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)
35
25    (1)
Section 7 of the Matrimonial Causes (Property and Maintenance) Act 1958
(which extends section 17 of the Married Women’s Property Act 1882 to
certain disputes relating to property in which a wife claims a beneficial
interest) is amended as follows.
      (2)
In subsection (1) (which refers to any right of a wife under section 17 of the
40
1882 Act to apply to a judge of the High Court or of a county court) for “a
county court” substitute “the family court”.

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
148

      (3)
In subsection (2) (extension of the judge’s power to make orders under
section 17 of the 1882 Act as extended by subsection (1)) for “a county court”
substitute “the family court”.
Law Reform (Miscellaneous Provisions) Act 1970 (c. 33)
26
In section 2(2) of the Law Reform (Miscellaneous Provisions) Act 1970
5
(section 17 of the Married Women’s Property Act 1882 and section 7 of the
Matrimonial Causes (Property and Maintenance) Act 1958 apply to certain
disputes between parties to a broken engagement) for “a county court”
substitute “the family court”.
Matrimonial Proceedings and Property Act 1970 (c. 45)
10
27    (1)
The Matrimonial Proceedings and Property Act 1970 is amended as follows.
      (2)
In section 30(2) (order for maintenance of party to marriage made by
magistrates’ court to cease to have effect on remarriage of that party) for “a
magistrates’ court”, in both places, substitute “the family court”.
      (3)
In section 39 (extension of section 17 of the Married Women’s Property Act
15
1882 to certain cases where marriage dissolved or annulled) for “a county
court” substitute “the family court”.
Matrimonial Causes Act 1973 (c. 18)
28
The Matrimonial Causes Act 1973 is amended as follows.
29
In section 4(4)(a) (periods which may be treated for the purposes of section
20
1(2)(c) as periods during which the respondent has deserted the petitioner)
for “or a county court” substitute “, the family court or the county court”.
30
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”.
31    (1)
Section 33 (orders for repayment of sums paid under certain orders) is
25
amended as follows.
      (2)
In 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
30
subsection (4)).
32    (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”.
35
      (3)
In 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
40
(c)
for “that court”, in both places, substitute “the court”.

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
149

      (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”.
33    (1)
Section 36 (alterations of maintenance agreements after death of one party)
is amended as follows.
5
      (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)
Omit subsections (3) and (7) (powers of county court to deal with
10
applications for alterations).
      (5)
In subsections (4) and (5) for “a court” substitute “the court”.
34    (1)
Section 38 (orders for repayment of periodical payments mistakenly made)
is amended as follows.
      (2)
In subsection (2) (powers of the court when dealing with an application for
15
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,
substitute “the family court”.
20
      (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)
in the words before paragraph (a) for “The designated officer for a
25
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)
for “the designated officer,” substitute “an officer of the
30
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,”.
      (6)
In subsection (7) (meaning of “collecting officer”) for “the registrar of a
35
county court or the designated officer of a magistrates’ court” substitute “or
the officer of the family court,”.
35    (1)
In section 52(1) (interpretation of the Act) for the definition of “the court”
substitute—
““the court” (except where the context otherwise requires)
40
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
Matrimonial Causes Act 1973.