|
| |
|
(c) | omit the words after paragraph (a) (including the “but” at the end of |
| |
| |
(4) | Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub- |
| |
| |
(5) | In sub-paragraph (8) (liability of court officers)— |
| 5 |
| |
(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,”, |
| |
| |
| 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 |
| |
| 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 |
| |
| |
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)— |
| |
|
| |
|
| |
|
(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, |
| |
| 15 |
(ii) | proceedings on the application are to be “family |
| |
proceedings” for the purposes of the Children Act |
| |
| |
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 |
| |
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 |
| |
| |
| | Extent of repeal or revocation |
| | 35 | | Family Law Reform Act 1969 |
| | | | | | | | | | Inheritance (Provision for |
| | | | | Family and Dependants) Act |
| | | | | | | | 40 |
|
|
| |
|
| |
|
| | Extent of repeal or revocation |
| | | | | In Schedule 2, paragraph 9. |
| | | | Magistrates’ Courts Act 1978 |
| | | | | | | | | | Magistrates’ Courts Act 1980 |
| In Schedule 7, paragraphs 163 and 164. |
| | 5 | | | | | | | | 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 | | | | | | | Children Act 1989 (c. 41) |
| In Schedule 13, paragraph 42. |
| | | | Courts and Legal Services Act |
| | | | | | In Schedule 16, paragraph 23. |
| | | | Maintenance Enforcement Act |
| In Schedule 1, paragraph 3. |
| | 15 | | | In Schedule 2, paragraphs 3 and 10. |
| | | | Child Support Act 1991 (c. 48) |
| | | | | | In Schedule 1, paragraph 2(7). |
| | | | (Reciprocal Enforcement) Act |
| | | | | | | | 20 | | | | | | | | | | | | | | | | | | | | | | Child Support, Pensions and |
| | | 25 | | | In Schedule 8, paragraph 10. |
| | | | Adoption and Children Act |
| | | | | | In Schedule 3, paragraph 75. |
| | | | | In Schedule 8, paragraphs 69, 85, 88 to 90, 92(2), |
| | | | | 169, 170, 193, 194, 195(2), 196(2), 336, 338 and |
| | 30 | | | | | | | Civil Partnership Act 2004 |
| In Schedule 27, paragraphs 91 to 94 and 96. |
| | | | | | | | | Constitutional Reform Act 2005 |
| In Schedule 4, paragraphs 171 to 174, 205, 206, |
| | | | | | | 35 | | Courts Act 2003 (Consequential |
| In the Schedule, paragraph 57. |
| | | | Provisions) Order 2005 (S.I. |
| | | | | | | | | | Civil Partnership (Family |
| | | | | | | | 40 | | Consequential Amendments) |
| | | | | Order 2005 (S.I. 2005/3336) |
| | | |
|
|
| |
|
| |
|
| | Extent of repeal or revocation |
| | | | Lord Chancellor (Transfer of |
| In Schedule 1, paragraphs 6 and 7. |
| | | | | | | | | Supplementary Provisions) |
| | | | | (No 2) Order 2006 (S.I. 2006/ |
| | | 5 | | | | | | | | 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). |
| | | | | | | 10 | | (Family Proceedings) Order |
| | | | | | | | | | | | | | | | In Schedule 7, paragraph 8. |
| | | | | | | 15 | | Regulations 2011 (S.I. 2011/ |
| | | | | | | | |
|
|
| |
| |
| |
| 20 |
Judges of the Supreme Court: number and selection |
| |
| |
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 |
| |
| |
(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 |
| |
(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 |
|
| |
|
| |
|
3 (1) | Section 26 (selection of members of the Supreme Court) is amended as |
| |
| |
(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— |
| |
| |
(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 |
| |
| 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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(d) | at least one member of the Judicial Appointments Board for |
| |
| |
(e) | at least one member of the Northern Ireland Judicial |
| 35 |
| |
| 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, |
| |
| |
(d) | it may not be chaired by the Lord Chancellor. |
| 45 |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
members ceases to be met by the person’s membership of the |
| |
| |
(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 |
| |
| |
(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— |
| |
|
| |
|