Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]


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

157

 

92         

In section 45(2)(a) (power of Lord Chancellor to provide for certain appeals

to be made to a court: meaning of “court”) for the words after “England and

Wales” substitute “, the High Court or the family court; and”.

93         

In section 48(1) (rights of audience for authorised officer of Commission)

after “before” insert “the family court or”.

5

Social Security Administration Act 1992 (c. 5)

94    (1)  

In section 106 of the Social Security Administration Act 1992 (recovery of

expenditure on benefit from person liable for maintenance)—

(a)   

in subsections (1) and (2) for “a complaint” substitute “an

application”,

10

(b)   

in subsection (1) (complaint by Secretary of State to magistrates’

court) for “a magistrates’ court” substitute “the family court”,

(c)   

in subsection (3) for “complaint” substitute “application”,

(d)   

omit subsection (5) (enforcement of orders made by magistrates’

courts), and

15

(e)   

in subsection (6) (application to Scotland) for the words after

“Scotland,” substitute “for the references to the family court there

shall be substituted references to the sheriff.”

      (2)  

The amendments made by sub-paragraph (1) cease to have effect on the

coming into force of the repeal of section 106 of the Social Security

20

Administration Act 1992 by Schedule 7 to the Welfare Reform Act 2009.

Family Law Act 1996 (c. 27)

95         

The Family Law Act 1996 is amended as follows.

96         

In section 45(2)(c) (ex parte orders: prejudice resulting from delay in

effecting service) for the words from “involved—” to “case,” substitute

25

“involved”.

97         

In section 46(5) (power to accept undertaking instead of making occupation

or non-molestation order does not affect other powers of High Court and

county court) for “the county court” substitute “the family court”.

98         

In section 47 (arrest for breach of order)—

30

(a)   

in subsection (11) (which introduces Schedule 5) for “a county court”

substitute “the family court”, and

(b)   

in subsection (12) (requirements to prevent person granted bail,

following alleged breach of order, from interfering with witnesses

etc) omit “(whether in the High Court or a county court under

35

Schedule 5 or in a magistrates’ court under section 128 or 129 of the

Magistrates’ Courts Act 1980)”.

99         

Section 50 (power of magistrates’ court to suspend execution of a committal

order) is repealed.

100        

Section 51 (power of magistrates’ court to order hospital admission or

40

guardianship) is repealed.

101   (1)  

Section 57 (jurisdiction of courts under Part 4) is amended as follows.

 
 

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

158

 

      (2)  

In subsection (1) (default meaning of “the court”) for “the High Court, a

county court or a magistrates’ court” substitute “the High Court or the

family court”.

      (3)  

Omit subsections (2) to (12) (jurisdiction: Lord Chancellor’s powers).

102        

Section 59 (jurisdiction of magistrates’ courts under Part 4) is repealed.

5

103        

Section 61 (appeals) is repealed.

104        

In section 63(1) (interpretation of Part 4), in the definition of “the relevant

judicial authority”, for paragraphs (b) and (c) substitute—

“(aa)   

where the order was made by the family court, a judge of that

court.”

10

105   (1)  

Section 63M (jurisdiction of courts under Part 4A) is amended as follows.

      (2)  

In subsection (1) (default meaning of “the court”) for “a county court”

substitute “the family court”.

      (3)  

Omit subsections (2) to (4) (application of section 57(3) to (12) with

modification).

15

106        

Section 63N (power to extend jurisdiction to magistrates’ courts) is repealed.

107        

Section 63P (appeals: Part 4A) is repealed.

108        

In section 63S (interpretation of Part 4A) in the definition of “the relevant

judge”, in paragraph (b) for the words after “where the order was made by”

substitute “the family court, a judge of that court”.

20

109        

In section 65 (rules, regulations and orders)—

(a)   

in subsection (3) omit “, 63N”, and

(b)   

in subsection (4) omit “or 63N”.

110   (1)  

Paragraph 1 of Schedule 5 (powers to remand: meaning of “the court”) is

amended as follows.

25

      (2)  

In the words before paragraph (a) for “a county court” substitute “the family

court”.

      (3)  

In paragraph (b) for the words after “in relation to” substitute “the family

court, a judge of that court”.

111        

In paragraph 1 of Schedule 7 (transfer of certain tenancies on divorce etc or

30

on separation of cohabitants: interpretation) for the definition of “the court”

substitute—

““the court” means the High Court or the family court,”.

Crime and Disorder Act 1998 (c. 37)

112        

The Crime and Disorder Act 1998 is amended as follows.

35

113   (1)  

Section 11 (child safety orders) is amended as follows.

      (2)  

In subsection (1) (application to magistrates’ court for child safety order) for

“a magistrates’ court” substitute “the family court”.

 
 

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

159

 

      (3)  

In subsection (6) (proceedings for child safety order to be family proceedings

for the purposes of certain enactments) omit “or section 65 of the

Magistrates’ Courts Act 1980 (“the 1980 Act”)”.

114   (1)  

Section 12 (child safety orders: supplemental) is amended as follows.

      (2)  

In subsection (1) (information to be obtained by magistrates’ court before

5

making child safety order) for “a magistrates’ court” substitute “the family

court”.

      (3)  

In subsection (2) (explanation to be given by magistrates’ court to parent or

guardian) for “a magistrates’ court” substitute “the family court”.

      (4)  

In subsection (6) (powers of magistrates’ court where child has failed to

10

comply with child safety order) omit “or another magistrates’ court acting in

the same local justice area”.

115        

Omit section 13 (appeals to county court against child safety orders).

116        

In section 13B(7) (parental compensation orders: offence) for “the 1980 Act”

substitute “the Magistrates’ Courts Act 1980 (“the 1980 Act”)”.

15

Adoption and Children Act 2002

117        

The Adoption and Children Act 2002 is amended as follows.

118        

In section 13 (information concerning adoption)—

(a)   

in subsection (2) (court officers who are to provide information) for

paragraphs (a) and (b) substitute—

20

“(aa)   

the relevant officer of the family court, and”

(b)   

in subsection (3) (meaning of “relevant officer” in relation to county

court and High Court) for “a county” substitute “the family”.

119        

Omit section 55(2) (revocation of adoptions on legitimation: interpretation in

relation to magistrates’ courts).

25

120        

In section 60 (disclosure of information to adopted adult)—

(a)   

in subsection (2)(a) (High Court power by order to prohibit

disclosure) after “High Court” insert “or family court”,

(b)   

in subsection (3) (supplementary provision about orders under

subsection (2)(a)) after “High Court” insert “or family court”.

30

121        

In section 92(1) (steps which may not be taken except by an adoption agency

or in pursuance of High Court order) after “High Court” insert “or the family

court”.

122        

In section 95(1)(d) (offences relating to payment for steps taken in

contravention of section 92(1)) after “High Court” insert “or family court”.

35

123        

In section 101(1) (proceedings in High Court or county court may be heard

in private) for “a County Court” substitute “the family court”.

124        

Omit section 141(5) (rules of procedure: magistrates’ courts).

125        

In section 144(1) (interpretation), for the definition of “court” substitute—

““court” means the High Court or the family court,”

40

 
 

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

160

 

Gender Recognition Act 2004 (c. 7)

126        

In section 8 of the Gender Recognition Act 2004 (appeals against decision of

Gender Recognition Panel etc) in subsections (1) and (5) after “High Court”

insert “, family court”.

Civil Partnership Act 2004 (c. 33)

5

127        

The Civil Partnership Act 2004 is amended as follows.

128        

For section 37(4)(b) (in Chapter 2 of Part 2 “the court” includes certain county

courts) substitute—

“(b)   

the family court.”

129        

In section 46(5)(a) (periods which may be treated for the purposes of section

10

44(5)(d) as periods during which respondent has deserted applicant) for “or

a county court” substitute “, the family court or the county court”.

130        

In section 58 (application for declaration may be made to High Court or

county court) for “a county court” substitute “the family court”.

131   (1)  

Section 66 (disputes between civil partners about property) is amended as

15

follows.

      (2)  

For subsection (1)(b) (application may be made to county court prescribed

by rules of court) substitute—

“(b)   

the family court.”

      (3)  

Omit subsection (3) (no limits on jurisdiction of county court under

20

subsection (2)).

132        

For section 220(b) (in sections 221 to 224 “the court” includes certain county

courts) substitute—

“(b)   

the family court.”

133   (1)  

Part 2 of Schedule 1 (special provisions about civil partnerships which are

25

prohibited unless paragraph 2(1) conditions are met) is amended as follows.

      (2)  

In paragraph 6(2) (civil partnership schedule not to be issued if alleged that

paragraph 2(1) conditions not met, unless High Court declaration obtained

under paragraph 7) omit “High Court”.

      (3)  

In paragraph 7 (application to High Court for declaration) after “High

30

Court” insert “or the family court”.

134   (1)  

Paragraph 15 of Schedule 2 (civil partnership of persons aged 16 or 17:

meaning of “the court” and provision about rules of court) is amended as

follows.

      (2)  

In sub-paragraph (1) (“the court” includes certain county courts and

35

magistrates’ courts)—

(a)   

after paragraph (a) insert “or”, and

(b)   

for paragraphs (b) and (c) substitute—

“(c)   

the family court.”

      (3)  

In sub-paragraph (2) (rules of court)—

40

(a)   

omit paragraph (b), and

 
 

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

161

 

(b)   

in paragraph (c) for “a magistrates’ court” substitute “the family

court”.

135        

Schedule 5 (financial relief in the High Court or a county court etc) is

amended as follows.

136        

In paragraph 63(2) (payment of certain arrears under certain orders

5

unenforceable without leave of the court) for “any county court” substitute

“the family court”.

137   (1)  

Paragraph 64 (orders for repayment in certain cases of sums paid under

certain orders) is amended as follows.

      (2)  

In sub-paragraph (7) (application may be made in certain proceedings, or to

10

county court) for “a county court”, in each place, substitute “the family

court”.

      (3)  

Omit sub-paragraph (8) (no limits on jurisdiction of county court under sub-

paragraph (7)).

138   (1)  

Paragraph 65 (orders for repayment in certain cases of sums paid after

15

cessation of order by reason of formation of subsequent civil partnership or

marriage) is amended as follows.

      (2)  

In sub-paragraph (6) (application may be made in certain proceedings, or to

county court) for “a county court”, in each place, substitute “the family

court”.

20

      (3)  

Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-

paragraph (6)).

      (4)  

In sub-paragraph (8)(a) (liability of court officers in respect of orders for

periodical payments)—

(a)   

for “the designated officer for a magistrates’ court to whom any

25

payments under a payments order are required to be made”

substitute “an officer of the family court”, and

(b)   

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,”.

30

      (5)  

In sub-paragraph (10) (interpretation) for paragraphs (b) and (c) substitute

“or

(aa)   

the officer of the family court,”.

139        

In paragraph 69 (alteration of maintenance agreements where both parties

are living)—

35

(a)   

in sub-paragraph (1) (courts to which application for alteration may

be made) omit “or, subject to sub-paragraph (6), to a magistrates

court”,

(b)   

in sub-paragraph (6) (power to make order for alteration is subject to

paragraphs 70 and 71) for “paragraphs 70 and” substitute

40

“paragraph”.

140        

Omit paragraph 70 (limits on powers of magistrates’ court to deal with

applications for alterations).

141        

In paragraph 73 (alterations of maintenance agreements after death of one

party)—

45

 
 

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

162

 

(a)   

in sub-paragraph (2) (application for alteration may be made to High

Court or county court) omit the words from “High” to “county”, and

(b)   

in sub-paragraph (4) (court’s permission needed to make late

application) omit the words from “High” to “county”.

142        

For paragraph 80(3)(b) (in Schedule 5 “the court” includes certain county

5

courts) substitute—

“(b)   

the family court.”

143        

For the Schedule title substitute “Financial relief: provision corresponding to

provision made by Part 2 of the Matrimonial Causes Act 1973”.

144        

Schedule 6 (financial relief in magistrates’ courts etc) is amended as follows.

10

145        

In paragraph 1(1) (grounds of application to magistrates’ court for order for

financial provision) for “a magistrates’ court” substitute “the family court”.

146        

Omit paragraph 8 (refusal of order in case more suitable for High Court).

147        

In paragraph 9(1) (application for order for payments agreed between

parties to a civil partnership) for “a magistrates’ court” substitute “the family

15

court”.

148        

In paragraph 15(1) (powers of court where parties living apart by

agreement) for “a magistrates’ court” substitute “the family court”.

149   (1)  

Paragraph 20 (circumstances in which interim orders may be made) is

amended as follows.

20

      (2)  

In sub-paragraph (2) (circumstances in which magistrates’ court may make

order)—

(a)   

for “A magistrates’ court” substitute “The family court”, and

(b)   

omit paragraph (b) (interim order may be made on refusal of order

on grounds that case more suitable for High Court) and the “or”

25

preceding it.

      (3)  

Omit sub-paragraph (3) (circumstances in which High Court may make

interim order).

150        

Omit paragraph 23 (interim orders: payments which can be treated as

having been paid on account).

30

151   (1)  

Paragraph 24 (when interim order ceases to have effect) is amended as

follows.

      (2)  

In sub-paragraph (1)(c) (interim order ceases to have effect on final order of

magistrates’ court or dismissal of application) for “a magistrates’ court”

substitute “the family court”.

35

      (3)  

In sub-paragraph (2) (interim order may be continued in force by order of

court)—

(a)   

in paragraph (a) for “the magistrates’ court which made the order,

or” substitute “the family court,”, and

(b)   

omit paragraph (b).

40

152        

Omit paragraph 25(1) (interim order of High Court on ordering rehearing by

magistrates’ court to be treated, for certain purposes, as an order of that

magistrates’ court).

 
 

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

163

 

153        

In paragraph 29(6) (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”.

154        

In paragraph 30 (variation, revocation, suspension and revival of orders for

periodical payments) in each of sub-paragraphs (1) and (2) for “a

5

magistrates’ court” substitute “the family court”.

155        

In paragraph 31 (power to order lump sum on variation) in each of sub-

paragraphs (1) and (2) for “a magistrates’ court” substitute “the family

court”.

156        

In paragraph 35(1) (powers exercisable on varying an order) for “59(3)(a) to

10

(d) of the Magistrates’ Courts Act 1980 (c. 43)” substitute “1(4) and (4A) of

the Maintenance Enforcement Act 1991”.

157        

Omit paragraph 36 (variation by justices’ clerk).

158        

In paragraph 37 (exercise of powers)—

(a)   

in sub-paragraph (1) for “59(3)(a) to (d) of the 1980” substitute “1(4)

15

and (4A) of the 1991”, and

(b)   

omit sub-paragraph (2).

159        

In paragraph 38 (further provision about exercise of powers)—

(a)   

in sub-paragraph (1)—

(i)   

for “59(4) of the 1980” substitute “1(6) of the 1991”,

20

(ii)   

for “paragraphs 35 and 36(4)” substitute “paragraph 35”, and

(iii)   

for “59” substitute “1 of the 1991 Act”, and

(b)   

in sub-paragraph (2)—

(i)   

omit “, or of a justices’ clerk,”, and

(ii)   

for the words from “which” to the end substitute “unless, at

25

the time when the order was made, the person required to

make the payments was ordinarily resident in England and

Wales.”

160        

In paragraph 39 (who may make application) for “, 31 or 36” substitute “or

31”.

30

161        

In paragraph 40(1) (application by child for revival of periodical payments

order) in the words before paragraph (a), for “a magistrates’ court”

substitute “the family court”.

162        

Omit paragraphs 41 and 42 (variation by, and other powers of, a

magistrates’ court).

35

163   (1)  

Paragraph 44 (orders for repayment in certain cases of sums paid after

cessation of order by reason of formation of subsequent civil partnership or

marriage) is amended as follows.

      (2)  

In sub-paragraph (4) (court’s power to order repayment or partial

repayment, or to dismiss application) for “the court” substitute “the family

40

court”.

      (3)  

In sub-paragraph (6) (application may be made in enforcement proceedings,

or to county court)—

(a)   

after “may” insert “(but need not)”,

(b)   

omit “in the High Court or a county court”, and

45

 
 

 
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