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
150

Domicile and Matrimonial Proceedings Act 1973 (c. 45)
36    (1)
Section 5 of the Domicile and Matrimonial Proceedings Act 1973
(jurisdiction of High Court and county court to entertain proceedings for
divorce, judicial separation or nullity of marriage) is amended as follows.
      (2)
In subsection (1A) (interpretation) in the definition of “the court” for the
5
words after “High Court” substitute “and the family court”.
      (3)
In the side-note for “county courts” substitute “family court”.
Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
37
The Domestic Proceedings and Magistrates’ Courts Act 1978 is amended as
follows.
10
38
In section 1 (grounds of application to magistrates’ court for order for
financial provision) for “a magistrates’ court” substitute “the family court”.
39
In section 6(1) (application for order for payments agreed between parties to
a marriage) for “a magistrates’ court” substitute “the family court”.
40
In section 7(1) (powers of court where parties living apart by agreement) for
15
“a magistrates’ court” substitute “the family court”.
41    (1)
Section 19 (interim maintenance orders) is amended as follows.
      (2)
In subsection (1) (courts’ powers)—
(a)
in paragraph (a)—
(i)
for “the magistrates’ court” substitute “the family court”, and
20
(ii)
omit the words from “or on refusing” to the end; and
(b)
omit paragraphs (b) and (c) (High Court and county court powers).
      (3)
In subsection (3) (date from which payment may be required to be made)
omit the words after “section 2, 6 or 7 of this Act”.
      (4)
In subsection (5)(c) (interim order ceases to have effect on final order of
25
magistrates’ court or dismissal of application) for “a magistrates’ court”
substitute “the family court”.
      (5)
In subsection (6) (interim order may be continued in force by order of court)
for the words from “the magistrates’ court which made the order” to
“reheard,” substitute “the family court”.
30
      (6)
Omit subsection (9) (interim order of High Court or county court on
ordering rehearing by magistrates’ court to be treated, for certain purposes,
as an order of that magistrates’ court).
42
In section 20 (variation, revival and revocation of orders for periodical
payments) in each of subsections (1) to (3) and (5) for “a magistrates’ court”
35
substitute “the family court”.
43    (1)
Section 20ZA (variation of orders for periodical payments: further
provision) is amended as follows.
      (2)
In subsections (1) and (7) (making provision as to payment when exercising
power to vary) for “paragraphs (a) to (d) of section 59(3) of the Magistrates’
40
Courts Act 1980” substitute “section 1(4) and (4A) of the Maintenance
Enforcement Act 1991”.

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
151

      (3)
Omit subsections (2) to (5) and (9) (power of justices’ clerk to vary order).
      (4)
In subsection (6) (power to require account to be opened)—
(a)
for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”, and
5
(b)
for “subsections (1) and (5)” substitute “subsection (1)”.
      (5)
Omit subsection (8) (duty to exercise powers in particular way).
      (6)
In subsection (10) (powers under section only exercisable if payer resident in
England and Wales)—
(a)
omit “, or of a justices’ clerk,”, and
10
(b)
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.”
44
In section 20A(1) (application by child for revival of periodical payments
order)—
15
(a)
in the words before paragraph (a), for “a magistrates’ court”
substitute “the family court”, and
(b)
in the words after paragraph (b) omit “which made the order”.
45
Omit section 22 (variation of instalments of lump sum).
46
Omit section 23(2) (certain powers of a magistrates’ court do not apply to
20
orders under Part 1).
47
In section 25(4) (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”.
48
Section 27 (refusal of order in case more suitable for High Court) is repealed.
25
49    (1)
Section 28 (powers of High Court and county court relation to certain orders
under Part 1) is amended as follows.
      (2)
In subsection (1) (power of High Court or county court in matrimonial
proceedings to direct that order of magistrates’ court is to cease to have
effect)—
30
(a)
for “making by a magistrates’ court” substitute “making by the
family court”,
(b)
for “a county court” substitute “the family court”, and
(c)
for “made by a magistrates’ court” substitute “under this Part”.
      (3)
In subsection (3)—
35
(a)
for “a county court” substitute “the family court”,
(b)
for “a magistrates’ court” substitute “the family court”.
50
Section 29 (appeals) is repealed.
51    (1)
Section 30 (provisions as to jurisdiction and procedure) is amended as
follows.
40
      (2)
Omit subsections (1) and (1A) (limits on jurisdiction of magistrates’ courts to
deal with applications under Part 1).

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
152

      (3)
In subsection (5) (jurisdiction of magistrates’ court under Part 1 exercisable
notwithstanding that a party to proceedings is not domiciled in England and
Wales) for “a magistrates’ court” substitute “the family court”.
      (4)
Omit subsection (6) (interpretation of subsections (1) and (1A)).
52
Section 31 (constitution of courts) is repealed.
5
53    (1)
Section 32 (enforcement etc of orders for payment of money) is amended as
follows.
      (2)
Omit subsection (1) (order under Part 1 to be enforced as a magistrates’ court
maintenance order).
      (3)
In subsection (2) (power to order payment to a person on another’s behalf)—
10
(a)
for the words from the beginning to “a magistrates’ court making”
substitute “The family court when making”, and
(b)
omit the words after “to that other person”.
      (4)
In subsection (4) (arrears more than 12 months old not to be enforced
without court’s permission) for “High Court or any county” substitute
15
“family”.
54    (1)
Section 35 (orders for repayment in certain cases of sums paid after cessation
of order by reason of remarriage or formation of civil partnership) is
amended as follows.
      (2)
In subsection (1) (circumstances in which court may exercise powers under
20
subsection (2)) for “the court” substitute “the family court”.
      (3)
In subsection (2) (power to order repayment or partial repayment, or to
dismiss application) for “The court” substitute “The family court”.
      (4)
In subsection (4) (application to be made in enforcement proceedings, or to
county court)—
25
(a)
for “shall be made to a county court, except that such an application
may” substitute “may (but need not)”,
(b)
omit “in the High Court or a county court”, and
(c)
omit the words after “of this Act”.
      (5)
Omit subsection (6) (no limits on jurisdiction of county court under
30
subsection (4)).
      (6)
In subsection (7) (liability of court officers)—
(a)
in the words before paragraph (a)—
(i)
for “The designated officer for a magistrates’ court to whom
any payments under an order made under section 2(1)(a), 6
35
or 7 of this Act are required to be made,” substitute “An
officer of the family court,”, and
(ii)
for “the first-mentioned order” substitute “an order made
under section 2(1)(a), 6 or 7 of this Act”,
(b)
in paragraph (a)—
40
(i)
for “the designated officer,” substitute “an officer of the
family court,”, and
(ii)
for “in pursuance of the first mentioned order” substitute
“, in pursuance of an order made under section 2(1)(a), 6 or 7

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
153

of this Act requiring payments to be made to the court or an
officer of the court,”, and
(c)
in the words after paragraph (b) for “first mentioned order”, in both
places, substitute “order made under section 2(1)(a), 6 or 7 of this
Act”.
5
55
In section 88 (interpretation)—
(a)
in subsection (1) (defined terms), omit the definitions of “family
proceedings” and “magistrates’ court maintenance order”, and
(b)
omit subsection (4) (powers of magistrates’ courts acting in a local
justice area).
10
Matrimonial and Family Proceedings Act 1984 (c. 42)
56
In section 27 (interpretation of Part 3: financial relief in England and Wales
after overseas divorce etc) in the definition of “the court” for the words after
“High Court or” substitute “the family court”.
57
In section 32 (meaning of “family business” etc) omit the definitions of “civil
15
partnership cause” and “the 1973 Act”.
58
Sections 33 to 36D (jurisdiction of county court in matrimonial causes and
civil partnership causes) are repealed.
59
In section 37 (directions as to distribution and transfer of family business
and proceedings between the High Court and county court) for “county
20
courts” substitute “the family court”.
60    (1)
Section 38 (transfer of family proceedings from High Court to county court)
is amended as follows.
      (2)
In subsection (1) (High Court’s power to transfer proceedings) for “a county
court” substitute “the family court.”
25
      (3)
In subsection (2) (proceedings which are transferable under the section)—
(a)
in the words before paragraph (a), for “to a county court” substitute
“to the family court”,
(b)
in paragraph (a) (proceedings commenced in High Court that are
within jurisdiction of county court) for the words after “jurisdiction
30
of” substitute “the family court”, and
(c)
in paragraph (c) (certain proceedings transferred to the High Court)
omit the words from “from” to “county court”.
      (4)
Omit subsections (3) to (3B) (identifying county court to which transfer to be
made).
35
      (5)
In subsection (5) (transferee court has jurisdiction), in the words before
paragraph (a), for the words after “to” substitute “the family court under this
section, the family court—”.
      (6)
In the heading omit “to county court”.
61    (1)
Section 39 (transfer of family proceedings to High Court from county court)
40
is amended as follows.
      (2)
In subsection (1) (power to transfer) for “a county court, the county court
may,” substitute “the family court, the family court may,”.

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
154

      (3)
In subsection (2) (proceedings which are transferable under the section) for
paragraphs (a) and (b) substitute—
“(a)
all family proceedings commenced in the family court which
are within the jurisdiction of the High Court, and
(b)
all family proceedings transferred from the High Court
5
under section 38 above.”
      (4)
In the heading omit “to county court”.
62
Section 42 (county court proceedings in principal registry of Family
Division) is repealed.
Family Law Act 1986 (c. 55)
10
63
The Family Law Act 1986 is amended as follows.
64
In section 55(1) (application for declaration as to marital status may be made
to High Court or county court) for “a county court” substitute “the family
court”.
65
In section 55A(1) (application for declaration of parentage may be made to
15
High Court, county court or magistrates’ court) for “, a county court or a
magistrates’ court” substitute “or the family court”.
66    (1)
Section 56 (declarations of legitimacy or legitimation) is amended as follows.
      (2)
In subsection (1) (application for declaration of legitimacy may be made to
High Court or county court) for “a county court” substitute “the family
20
court”.
      (3)
In subsection (2) (application for declaration of legitimation may be made to
High Court or county court) for “a county court” substitute “the family
court”.
67
In section 57(1) (application for declaration as to adoption effected overseas
25
may be made to High Court or county court) for “a county court” substitute
“the family court”.
68
Omit section 60(5) (appeals in relation to magistrates’ courts declarations
under section 55A).
Matrimonial Proceedings (Transfers) Act 1988 (c. 18)
30
69
In section 1(1) of the Matrimonial Proceedings (Transfers) Act 1988 (which
modifies section 38 of the Matrimonial and Family Proceedings Act 1984
(“the 1984 Act”)), in the paragraph (d) to have effect as if inserted into section
38(2) of the 1984 Act, after “from” insert “the family court or”.
Children Act 1989 (c. 41)
35
70
The Children Act 1989 is amended as follows.
71
Omit section 11J(13) (section 11J is without prejudice to section 63(3) of the
Magistrates’ Courts Act 1980 as it applies in relation to contact orders).
72
Omit section 15(2) (disapplication of powers of magistrates’ courts in
relation to maintenance orders).
40

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
155

73
In section 38B(4) (court’s power to accept undertaking relating to interim
care order is without prejudice to other powers of High Court and county
court) for “county court” substitute “family court”.
74
In section 44B(4) (court’s power to accept undertaking relating to emergency
protection order is without prejudice to other powers of High Court and
5
county court) for “county court” substitute “family court”.
75
In section 83(5) (direction to obtain information for research purposes) for
“the designated officer for each magistrates’ court to which the direction is
expressed to relate” substitute “an officer of the family court”.
76    (1)
Section 92 (jurisdiction of courts) is amended as follows.
10
      (2)
Omit subsections (1) to (5) (which relate to family proceedings in
magistrates’ courts).
      (3)
Omit subsection (6) (which introduces Part 1 of Schedule 11).
      (4)
In subsection (7) (meaning of “the court”) for “the High Court, a county court
or a magistrates’ court” substitute “the High Court or the family court”.
15
      (5)
In subsection (8) (which qualifies subsection (7)) omit the words from “the
provision” to “Schedule 11 and to”.
      (6)
Omit subsections (9) to (10A) (Lord Chancellor’s power by order to provide
for principal registry of Family Division of High Court to be treated as a
county court for specified purposes).
20
77
In section 93(2) omit paragraphs (d), (f), (g), (i) and (j) (rules of court:
magistrates’ courts).
78
Section 94 (appeals) is repealed.
79
Schedule 1 (financial provision for children) is amended as follows.
80
In paragraph 1(1) (financial provision for children: orders against parents)—
25
(a)
for “may—” substitute “may make one or more of the orders
mentioned in sub-paragraph (2)”, and
(b)
omit paragraphs (a) and (b).
81
In paragraph 5 (provisions relating to lump sums), omit sub-paragraphs (2)
and (4) (limits on amounts which may be ordered by magistrates’ courts).
30
82    (1)
Paragraph 6A (variation etc of orders for periodical payments) is amended
as follows.
      (2)
In sub-paragraph (1)—
(a)
for “a magistrates’” substitute “the family”, and
(b)
for “sub-paragraphs (7) and (8)” substitute “sub-paragraph (7)”.
35
      (3)
In sub-paragraphs (1) and (7) (making provision as to payment when
exercising power to vary) for “paragraphs (a) to (d) of section 59(3) of the
Magistrates’ Courts Act 1980” substitute “section 1(4) and (4A) of the
Maintenance Enforcement Act 1991”.
      (4)
Omit sub-paragraphs (2) to (5) and (10) (power of justices’ clerk to vary
40
order).
      (5)
In sub-paragraph (6) (power to require account to be opened)—

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 1 — Amendments of enactments
156

(a)
for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”, and
(b)
for “sub-paragraphs (1) and (5)” substitute “sub-paragraph (1)”.
      (6)
Omit sub-paragraph (8) (duty to exercise powers in particular way).
5
      (7)
In sub-paragraph (9) (powers under paragraph only exercisable if payer
resident in England and Wales)—
(a)
omit “, or of a justices’ clerk,”, and
(b)
for the words from “which” to end substitute “unless at the time
when the order was made the person required to make the payments
10
was ordinarily resident in England and Wales.”
83
Omit paragraph 10(6) (limits on powers of magistrates’ courts to deal with
applications for alteration of maintenance agreements).
84
In paragraph 11 (alteration of maintenance agreement after death of one of
the parties)—
15
(a)
in sub-paragraph (1) (application to be made to High Court or
county court) for “a county court” substitute “the family court”,
(b)
in sub-paragraph (3) (power of High Court and county court to
extend time limit for application) for “a county court” substitute “the
family court”, and
20
(c)
omit sub-paragraph (5) (limits on jurisdiction of county court).
85
In paragraph 12 (enforcement of orders for maintenance)—
(a)
in sub-paragraph (1) (person obliged to make maintenance
payments to give notice of change of address to person specified in
magistrates’ court order) for “a magistrates’ court” substitute “the
25
family court”, and
(b)
omit sub-paragraph (3) (enforcement of orders made by magistrates’
courts).
86
In paragraph 13 (High Court or county court may order settlement of
instrument by conveyancing counsel) for “a county court” substitute “the
30
family court”.
87
Omit paragraph 24(1) of Schedule 2 (enforcement of contribution orders
made by magistrates’ courts).
88
Omit Part 1 of Schedule 11 (jurisdiction).
Child Support Act 1991 (c. 48)
35
89
The Child Support Act 1991 is amended as follows.
90
In section 10(5) (magistrates’ court rules: statements as to maintenance
assessments)—
(a)
for “may be made under section 144 of the Magistrates’ Courts Act
1980 (rules of procedure) requiring” substitute “of court may
40
require”, and
(b)
for “a magistrates’ court” substitute “the family court”.
91
In section 32L(10) (orders preventing avoidance: interpretation), in
paragraph (a) of the definition of “the court”, after “High Court” insert “or
the family court”.
45