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
164

(c)
omit the words after paragraph (a) (including the “but” at the end of
that paragraph).
      (4)
Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-
paragraph (6)).
      (5)
In sub-paragraph (8) (liability of court officers)—
5
(a)
in paragraph (a)—
(i)
for “the designated officer for a magistrates’ court to whom
any payments under an order made under paragraph 2(1)(a),
or Part 2 or 3, are required to be made” substitute “an officer
of the family court”, and
10
(ii)
for “in pursuance of the order” substitute “, in pursuance of
an order under paragraph 2(1)(a), or Part 2 or 3, requiring
payments to be made to the court or an officer of the court,”,
and
(b)
in paragraph (b)—
15
(i)
for “the order” substitute “an order”, and
(ii)
for “after that date” substitute “, after the date on which that
order ceased to have effect because of the formation of a
subsequent civil partnership or marriage by the person
entitled to payments under it,”.
20
164
In paragraph 46 (application of certain provisions of the Domestic
Proceedings and Magistrates’ Court Act 1978)—
(a)
in paragraph (a) (powers of the High Court and a county court in
relation to certain orders) for “a county court” substitute “the family
court”, and
25
(b)
omit paragraphs (b) and (c) (appeals and constitution of courts).
165   (1)
Paragraph 47 (jurisdiction and procedure) is amended as follows.
      (2)
Omit sub-paragraph (1) (limits on powers of magistrates’ courts to deal with
applications for orders under Schedule 6).
      (3)
In sub-paragraph (1A) (jurisdiction of magistrates’ courts where jurisdiction
30
to be determined by reference to the Maintenance Regulation etc) for “a
magistrates’ court” substitute “the family court”.
      (4)
In sub-paragraph (2) (jurisdiction of magistrates’ court exercisable
notwithstanding that a party is not domiciled in England and Wales) for “a
magistrates’ court” substitute “the family court”.
35
166
For the Schedule title substitute “Financial relief: provision corresponding to
provision made by the Domestic Proceedings and Magistrates’ Courts Act
1978”.
167
In Schedule 7, in the definition of “the court” in paragraph 19 (in Schedule 7
“the court” includes certain county courts) for the words after “High Court”
40
substitute “or the family court”.
Childcare Act 2006 (c. 21)
168
The Childcare Act 2006 is amended as follows.
169
In section 72 (protection of children in an emergency)—

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 2 — Repeals and revocations in consequence of Part 1 of this Schedule
165

(a)
in subsection (1) (application to justice of the peace for emergency
order) for “a justice of the peace” substitute “the family court”, and
(b)
in subsection (2) (grounds for granting application for emergency
order) for “the justice”, in both places, substitute “the court”.
170
In section 79 (power of constable to assist in exercise of powers of entry)—
5
(a)
omit subsection (4) (which applies Schedule 11 to the Children Act
1989 to proceedings under section 79), and
(b)
in subsection (5) (meaning of “the court”) for the words after “High
Court” substitute “or the family court”.
Human Fertilisation and Embryology Act 2008 (c. 22)
10
171
In section 54(9)(a) of the Human Fertilisation and Embryology Act 2008
(parental orders: application of the Children Act 1989) for the words after
“England and Wales” substitute “—
(i)
“the court” means the High Court or the family court,
and
15
(ii)
proceedings on the application are to be “family
proceedings” for the purposes of the Children Act
1989,”
Children and Families (Wales) Measure 2010 (nawm 1)
172
The Children and Families (Wales) Measure 2010 is amended as follows.
20
173
In section 34 (protection of children in an emergency)—
(a)
in subsection (1) (application to justice of the peace for emergency
order) for “a justice of the peace” substitute “the family court”, and
(b)
In subsection (2) (grounds for granting application for emergency
order) for “the justice”, in both places, substitute “the court”.
25
174
In section 43 (power of constable to assist in exercise of powers of entry)—
(a)
omit subsection (4) (which applies Schedule 11 to the Children Act
1989 to proceedings under section 43), and
(b)
in subsection (5) (meaning of “the court”) for the words after “High
Court” substitute “or the family court”.
30
Part 2
Repeals and revocations in consequence of Part 1 of this Schedule
175
The provisions specified in the table are repealed or revoked to the extent
shown.

Reference
Extent of repeal or revocation

35

Family Law Reform Act 1969
Section 2(2).

(c. 46)

Inheritance (Provision for
Section 26(1).

Family and Dependants) Act

1975 (c. 63)

40

Crime and Courts Bill [HL]
Schedule 11 — Transfer of jurisdiction to family court
Part 2 — Repeals and revocations in consequence of Part 1 of this Schedule
166

Reference
Extent of repeal or revocation

Domestic Proceedings and
In Schedule 2, paragraph 9.

Magistrates’ Courts Act 1978

(c. 22)

Magistrates’ Courts Act 1980
In Schedule 7, paragraphs 163 and 164.

5

(c. 43)

Matrimonial and Family
In Schedule 1, paragraphs 16 and 26.

Proceedings Act 1984 (c. 42)

Family Law Act 1986 (c. 55)
In Schedule 1, paragraph 24.

Family Law Reform Act 1987
In Schedule 2, paragraphs 13 and 70.

10

(c. 42)

Children Act 1989 (c. 41)
In Schedule 13, paragraph 42.

Courts and Legal Services Act
Section 74(7).

1990 (c. 41)
In Schedule 16, paragraph 23.

Maintenance Enforcement Act
In Schedule 1, paragraph 3.

15

1991 (c. 17)
In Schedule 2, paragraphs 3 and 10.

Child Support Act 1991 (c. 48)
Section 45(3) to (5).

Maintenance Orders
In Schedule 1, paragraph 2(7).

(Reciprocal Enforcement) Act

1992 (c. 56)

20

Child Support Act 1991
Article 4.

(Consequential

Amendments) Order 1994

(S.I. 1994/731)

Child Support, Pensions and
Section 83(4).

25

Social Security Act 2000
In Schedule 8, paragraph 10.

Adoption and Children Act
Section 100.

2002 (c. 38)
In Schedule 3, paragraph 75.

Courts Act 2003 (c. 39)
In Schedule 8, paragraphs 69, 85, 88 to 90, 92(2),

169, 170, 193, 194, 195(2), 196(2), 336, 338 and

30

412.

Civil Partnership Act 2004
In Schedule 27, paragraphs 91 to 94 and 96.

(c. 33)

Constitutional Reform Act 2005
In Schedule 4, paragraphs 171 to 174, 205, 206,

(c. 4)
210, 253 and 254.

35

Courts Act 2003 (Consequential
In the Schedule, paragraph 57.

Provisions) Order 2005 (S.I.

2005/886)

Civil Partnership (Family
Article 3.

Proceedings and Housing

40

Consequential Amendments)

Order 2005 (S.I. 2005/3336)

Crime and Courts Bill [HL]
Schedule 12 — Judicial appointments
Part 1 — Judges of the Supreme Court: number and selection
167

Reference
Extent of repeal or revocation

Lord Chancellor (Transfer of
In Schedule 1, paragraphs 6 and 7.

Functions and

Supplementary Provisions)

(No 2) Order 2006 (S.I. 2006/

5

1016)

Forced Marriage (Civil
In section 1, the sections 63N and 63P to be

Protection) Act 2007 (c. 20)
inserted into the Family Law Act 1996.

Access to Justice Act 1999
Article 3(2)(b) to (e) and (3).

(Destination of Appeals)
Article 6.

10

(Family Proceedings) Order
Article 7.

2009 (S.I. 2009/871)
Article 8.

Article 9(3).

Civil Jurisdiction and
In Schedule 7, paragraph 8.

Judgments (Maintenance)

15

Regulations 2011 (S.I. 2011/

1484)

Schedule 12
Section 18

Judicial appointments
Part 1
20
Judges of the Supreme Court: number and selection
Introductory
1
The Constitutional Reform Act 2005 is amended as follows.
Number of judges to become maximum full-time equivalent number
2     (1)
Section 23 (establishment of the Supreme Court) is amended as follows.
25
      (2)
In subsection (2) (Supreme Court consists of 12 judges)—
(a)
for “12 judges appointed” substitute “the persons appointed as its
judges”, and
(b)
after “by letters patent” insert “, but no appointment may cause the
full-time equivalent number of judges of the Court at any time to be
30
more than 12”.
      (3)
In subsection (3) (power to increase number of members of the Court) before
“number” insert “maximum full-time equivalent”.
      (4)
In subsection (7) (Court is duly constituted despite vacancy in membership
or presiding offices) omit “among the judges of the Court or”.
35
      (5)
After that subsection insert—
“(8)
For the purposes of this section, the full-time equivalent number of
judges of the Court is to be calculated by taking the number of full-
time judges and adding, for each judge who is not a full-time judge,
such fraction as is reasonable.”
40

Crime and Courts Bill [HL]
Schedule 12 — Judicial appointments
Part 1 — Judges of the Supreme Court: number and selection
168

3     (1)
Section 26 (selection of members of the Supreme Court) is amended as
follows.
      (2)
In subsection (5) (Lord Chancellor to convene selection commission to fill
any vacancy among the members, or in the presiding offices, of the Court)
for “one of the offices mentioned in subsection (1),” substitute “the office of
5
President of the Court or in the office of Deputy President of the Court,”.
      (3)
After subsection (5) insert—
“(5A)
If—
(a)
the full-time equivalent number of judges of the Court is less
than the maximum specified in section 23(2), or it appears to
10
the Lord Chancellor that the full-time equivalent number of
judges of the Court will soon be less than that maximum, and
(b)
the Lord Chancellor, or the senior judge of the Court, after
consulting the other considers it desirable that a
recommendation be made for an appointment to the office of
15
judge of the Court,

the Lord Chancellor must convene a selection commission for the
selection of a person to be recommended.
(5B)
In subsection (5A)(b) “the senior judge of the Court” means—
(a)
the President of the Court, or
20
(b)
if there is no President, the Deputy President, or
(c)
if there is no President and no Deputy President, the senior
ordinary judge.”
Selection of persons to be recommended for appointment to the Court
4     (1)
In section 27 (selection process) after subsection (1) insert—
25
“(1A)
The commission must have an odd number of members not less than
five.
(1B)
The members of the commission must include—
(a)
at least one who is non-legally-qualified,
(b)
at least one judge of the Court,
30
(c)
at least one member of the Judicial Appointments
Commission,
(d)
at least one member of the Judicial Appointments Board for
Scotland, and
(e)
at least one member of the Northern Ireland Judicial
35
Appointments Commission,

and more than one of the requirements may be met by the same
person’s membership of the commission.
(1C)
If the commission is convened for the selection of a person to be
recommended for appointment as President of the Court—
40
(a)
its members may not include the President of the Court,
(b)
its members may include the Lord Chancellor,
(c)
it is to be chaired by one of its non-legally-qualified members,
and
(d)
it may not be chaired by the Lord Chancellor.
45

Crime and Courts Bill [HL]
Schedule 12 — Judicial appointments
Part 1 — Judges of the Supreme Court: number and selection
169

(1D)
If the commission is convened for the selection of a person to be
recommended for appointment as Deputy President of the Court, its
members may not include the Deputy President of the Court.”
      (2)
At the end of that section insert—
“(11)
For the purposes of this section a person is non-legally-qualified if
5
the person—
(a)
does not hold, and has never held, any of the offices listed in
Schedule 1 to the House of Commons Disqualification Act
1975 (judicial offices disqualifying for membership of the
House of Commons), and
10
(b)
is not practising or employed as a lawyer, and never has
practised or been employed as a lawyer.”
5
After section 27 insert—
“27A
Regulations about selection process
(1)
The Lord Chancellor must by regulations made with the agreement
15
of the senior judge of the Supreme Court—
(a)
make further provision about membership of selection
commissions convened under section 26,
(b)
make further provision about the process that is to be applied
in any case where a selection commission is required to be
20
convened under section 26, and
(c)
secure that, in every such case, there will come a point in the
process when a selection has to be accepted, either
unconditionally or subject only to matters such as the
selected person’s willingness and availability, by or on behalf
25
of the Prime Minister or Lord Chancellor.
(2)
The regulations may in particular—
(a)
provide for process additional to the selection process
applied by a selection commission under section 27(1),
including post-acceptance process;
30
(b)
make provision as to things that are, or as to things that are
not, to be done by a selection commission—
(i)
as part of the selection process applied by it under
section 27(1), or
(ii)
in determining what that process is to be;
35
(c)
provide for the Lord Chancellor to be entitled to require a
selection commission to reconsider a selection under section
27(1) or any subsequent selection;
(d)
provide for the Lord Chancellor to be entitled, in cases where
the Lord Chancellor is not a member of the selection
40
commission, to reject a selection under section 27(1) or any
subsequent selection;
(e)
give other functions to the Lord Chancellor;
(f)
provide for particular action to be taken by a selection
commission after it has complied with section 27;
45
(g)
provide for the dissolution of a selection commission;
(h)
provide for a person to cease to be a member of a selection
commission where a requirement about the commission’s

Crime and Courts Bill [HL]
Schedule 12 — Judicial appointments
Part 1 — Judges of the Supreme Court: number and selection
170

members ceases to be met by the person’s membership of the
commission;
(i)
provide for a person to become a member of a selection
commission already convened where another person ceases
to be a member of the commission or where a requirement
5
about the commission’s members ceases to be met by another
person’s membership of the commission;
(j)
provide for payment to a member of a selection commission
of amounts by way of allowances or expenses;
(k)
make provision as to what amounts to practice or
10
employment as a lawyer for the purposes of section 27(11)(b).
(3)
Before making regulations under this section the Lord Chancellor
must consult—
(a)
the First Minister in Scotland,
(b)
the Northern Ireland Judicial Appointments Commission,
15
(c)
the First Minister for Wales,
(d)
the Lord President of the Court of Session,
(e)
the Lord Chief Justice of Northern Ireland, and
(f)
the Lord Chief Justice of England and Wales.
(4)
Regulations under this section—
20
(a)
may make different provision for different purposes;
(b)
may make transitory, transitional or saving provision.
(5)
In this section “the senior judge”, in relation to the Court, has the
meaning given by section 26(5B).”
Lord Chancellor’s guidance about selection process: procedure
25
6
After that section 27A insert—
“27B
Selection guidance: supplementary
(1)
Before issuing any selection guidance the Lord Chancellor must—
(a)
consult the senior judge of the Supreme Court;
(b)
after doing so, lay a draft of the proposed guidance before
30
each House of Parliament.
(2)
If the draft is approved by a resolution of each House of Parliament
within the 40-day period the Lord Chancellor must issue the
guidance in the form of the draft.
(3)
In any other case the Lord Chancellor must take no further steps in
35
relation to the proposed guidance.
(4)
Subsection (3) does not prevent a new draft of the proposed
guidance from being laid before each House of Parliament after
consultation with the senior judge of the Court.
(5)
Selection guidance comes into force on such date as the Lord
40
Chancellor may appoint by order.
(6)
Where selection guidance is in force, the Lord Chancellor may
revoke the guidance only by—