Crime and Courts Bill (HL Bill 4)

(5) In subsection (4)—

(a) omit paragraph (b) and the “or” preceding it, and

(b) in the words after paragraph (b), omit the words after “1869”.

17 In section 6(7) (meaning of “collecting officer”)—

(a) 5in paragraph (a) after “of” insert “the family court or”, and

(b) after paragraph (a) insert—

“(aa) in the case of an order made by the family court, the
appropriate officer of that court;”.

18 In section 8(3) (order ceases to have effect when warrant issued) omit the
10words after “related maintenance order”.

19 In section 10 (reduction of normal deduction rate)—

(a) in subsection (2) for “a county” substitute “the family”, and

(b) omit subsection (3) (magistrates’ courts).

20 In section 11(1)(a) (registered maintenance orders) for the words after
15“provides” substitute “for the registration in the family court of a High Court
maintenance order);”.

21 In section 15D (interpretation of sections 15A to 15C) after subsection (2)
insert—

“(2A) If the lapsed order was made by the family court, the proper
20authority is the family court.”

22 In section 16(2)(d) (power of collecting officer) for “magistrates’ court”
substitute “family court”.

23 (1) Section 18 (collecting officers of magistrates’ courts) is amended as follows.

(2) In subsection (1)—

(a) 25for the words before paragraph (a) substitute “Where payments
under a maintenance order are payable to the family court or an
officer of the family court for transmission to a person, no officer of
the family court is to—”, and

(b) in the words after paragraph (c) for “him” substitute “the family
30court or an officer of that court”.

(3) In subsection (2) for “the designated officer for a magistrates’ court”
substitute “an officer of the family court”.

(4) Omit subsection (3).

24 (1) Section 20 (persons residing outside England and Wales) is amended as
35follows.

(2) In subsection (1)—

(a) for “a magistrates’ court”, in both places, substitute “the family
court”, and

(b) for “a complaint”, in both places, substitute “an application”.

(3) 40In subsections (2) to (4) for “complaint”, in each place, substitute
“application”.

(4) In subsection (4) for “complainant” substitute “applicant”.

25 In section 21 (costs on application under section 16)—

(a) in subsection (1) omit “(but subject to section 18(2)(b) of this Act)”,
and

(b) in subsection (2) for the words from “deemed—” to “otherwise,”
substitute “deemed”.

26 5In section 23 (enforcement) after subsection (10) insert—

“(10A) This section applies in relation to the family court as it applies in
relation to the county court, but as if the reference in subsection (8)
to section 129 of the County Courts Act 1984 were a reference to
section 31L(1) of the Matrimonial and Family Proceedings Act 1984.”

10Matrimonial Causes Act 1973 (c. 18)Matrimonial Causes Act 1973 (c. 18)

27 In section 48(2) (nullity proceedings to be in private unless judge otherwise
directs) for “judge” substitute “court”.

Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)

28 (1) The Inheritance (Provision for Family and Dependants) Act 1975 is amended
15as follows.

(2) In section 15(1) (restriction imposed in divorce proceedings etc on
application under the 1975 Act: meaning of “the court”) for the words from
“, where a county court has jurisdiction” to the end substitute “the family
court”.

(3) 20In section 15ZA(2) (restriction imposed in proceedings for the dissolution etc
of a civil partnership on application under the 1975 Act: meaning of “the
court”) for the words from “, where a county court has jurisdiction” to the
end substitute “the family court”.

(4) In section 15A(1) (restriction imposed in proceedings under Matrimonial
25and Family Proceedings Act 1984 on application under the 1975 Act:
meaning of “the court”) for the words from “, where a county court has
jurisdiction” to the end substitute “the family court”.

(5) In section 15B(2) (restriction imposed in proceedings under Schedule 7 to the
Civil Partnership Act 2004 on application under the 1975 Act: meaning of
30“the court”) for the words from “, where a county court has jurisdiction” to
the end substitute “the family court”.

Torts (Interference with Goods) Act 1977 (c. 32)Torts (Interference with Goods) Act 1977 (c. 32)

29 In section 4 of the Torts (Interference with Goods) Act 1977 (interlocutory
relief where goods are detained) after subsection (5) insert—

“(6) 35Subsections (1) to (4) apply in relation to the family court in England
and Wales as they apply in relation to the High Court in England and
Wales, but as if references in those subsections to rules of court
(including references to rules of court under any particular
enactment) were references to Family Procedure Rules.”

40Charging Orders Act 1979 (c. 53)Charging Orders Act 1979 (c. 53)

30 (1) The Charging Orders Act 1979 is amended as follows.

(2) In sections 1(1) and (6), 3(4A)(a) and 6(2) (charging orders in respect of
orders of certain courts) after “High Court”, in each place, insert “or the
family court”.

(3) In section 1(2)(b) (enforcement of High Court maintenance order) for “a
5county” substitute “the family”.

(4) In section 1(2) (meaning of “appropriate court”) after paragraph (b) insert—

“(ba) in a case where paragraph (a) does not apply and the order to
be enforced is an order of the family court, the family court;”.

(5) In section 1(2)(c) for “neither paragraph (a) nor paragraph (b)” substitute
10“none of paragraphs (a), (b) and (ba)”.

Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

31 The Magistrates’ Courts Act 1980 is amended as follows.

32 In section 58(2) (sums recoverable summarily as a civil debt) omit paragraph
(a) (including the “or” at the end).

33 (1) 15Section 59 (orders for periodical payment: means of payment) is amended as
follows.

(2) In subsection (1) (duty to exercise powers under subsection (3))—

(a) omit the words from “then” preceding paragraph (a) to
“maintenance order,” in paragraph (b), and

(b) 20for “that subsection” substitute “subsection (3) below”.

(3) Omit subsections (2), (3)(cc), (3A), (5), (7) to (12) (maintenance orders).

(4) In subsection (3) omit paragraphs (c) to (d).

34 (1) Section 59A(7) (orders for periodical payment: proceedings by designated
officer) is amended as follows.

(2) 25In subsections (1) and (2) for “a relevant UK order” substitute “an order
made by a magistrates’ court”.

(3) In subsection (7) (interpretation)—

(a) in the definition of “the relevant designated officer”—

(i) after paragraph (a) insert “and”, and

(ii) 30omit paragraph (c),

(b) omit the definition of “relevant UK order”, and

(c) omit the words after that definition.

35 Omit section 59B (power of magistrates’ court to impose penalty for breach
of certain maintenance orders).

36 35In section 60 (variation etc of orders for periodical payments)—

(a) omit subsections (3) to (10B) (which relate to maintenance orders),
and

(b) in subsection (11) (interpretation) omit paragraph (b) and the “and”
preceding it.

37 40In section 61(2) in the definition of “periodical payments order” omit the
words from “, or registered” to “1958,”.

38 (1) Section 62 (payments required to be made to a child) is amended as follows.

(2) In subsection (1) omit paragraph (b) and the “and” preceding it.

(3) In subsection (3) omit “or registered in”.

(4) Omit subsection (6) (meaning of “registered”).

39 5In section 64 (costs)—

(a) omit subsections (1A), (4) and (4A),

(b) in subsection (2) omit “or (4A)”, and

(c) in subsection (3) omit “Subject to subsection (4) below,”.

40 Omit sections 65 to 67, 68A, 69, 70, 71, 73, 74 and 75(2A) to (2C) (family
10proceedings in magistrates’ courts).

41 Omit—

(a) sections 76(4) to (6), 92(1)(a) and 93 to 95 (enforcement of
maintenance orders),

(b) in section 80(1) the words “or has ordered the enforcement of a sum
15due from a person under a magistrates’ court maintenance order”,
and

(c) in section 100 (evidence) paragraph (b) and the “or” preceding it.

42 (1) Section 111A (appeals on ground of error of law etc in family proceedings in
a magistrates’ court) is amended as follows.

(2) 20In subsection (1) for “family proceedings” substitute “proceedings under the
Child Support Act 1991”.

(3) In subsection (2) (appeal to a county court) for “a county” substitute “the
family”.

(4) In subsection (3)(a) (other rights to appeal exclude right under subsection
25(2)) before “against” insert “or the family court”.

(5) Omit subsection (5) (meaning in the section of “family proceedings”).

(6) In the title for “family” substitute “child support”.

43 In section 112(2) (decisions on appeals under section 111A) for “a county”
substitute “the family” in both places.

30Contempt of Court Act 1981 (c. 49)Contempt of Court Act 1981 (c. 49)

44 In section 14 of the Contempt of Court Act 1981 (penalties for contempt of
court) but not in that section in its application to Northern Ireland (which in
its application to Northern Ireland has effect as set out in Schedule 4 to that
Act) before subsection (5) insert—

“(4B) 35The preceding provisions of this section do not apply to the family
court, but—

(a) this is without prejudice to the operation of section 31E(1)(a)
of the Matrimonial and Family Proceedings Act 1984 (family
court has High Court’s powers) in relation to the powers of
40the High Court that are limited or conferred by those
provisions of this section, and

(b) section 31E(1)(b) of that Act (family court has county court’s
powers) does not apply in relation to the powers of the
county court that are limited or conferred by those provisions
of this section.”

5Senior Courts Act 1981 (c. 54)1981 (c. 54)

45 The Senior Courts Act 1981 is amended as follows.

46 In section 33 (powers of High Court exercisable before commencement of
action) after subsection (2) insert—

“(3) This section applies in relation to the family court as it applies in
10relation to the High Court.”

47 In section 34 (powers of High Court to order disclosure or inspection of
documents or property of non-party) after subsection (4) insert—

“(5) Subsections (2) and (3) apply in relation to the family court as they
apply in relation to the High Court.”

48 15In section 35(1) (limits on High Court’s power to make orders under sections
33 and 34) for “The High Court” substitute “A court”.

49 In section 37 (powers of High Court to grant injunctions or appoint
receivers) after subsection (5) insert—

“(6) This section applies in relation to the family court as it applies in
20relation to the High Court.”

50 In section 39(1) (powers of High Court to order documents to be executed or
indorsed by nominated person)—

(a) in the words before paragraph (a) after “High Court” insert “or
family court”, and

(b) 25in paragraph (b) for “the High Court” substitute “that court”.

51 (1) Section 51 (costs) is amended as follows.

(2) In subsection (1) (section applies to civil division of Court of Appeal, High
Court and county court) before the “and” at the end of paragraph (b) insert—

“(ba) the family court;”.

(3) 30In subsection (8)(b) (proceedings commenced in High Court that should
have been commenced in county court) before “in accordance” insert “or
family court”.

52 In section 70 (assessors) after subsection (4) insert—

“(5) Subsections (1) and (2) apply in relation to the family court as they
35apply in relation to the High Court.”

53 In Schedule 1 (distribution of business in High Court) omit paragraph 3(d)
(appeals from enforcement decisions of magistrates’ courts in relation to
certain family matters).

County Courts Act 1984 (c. 28)County Courts Act 1984 (c. 28)

54 40The County Courts Act 1984 is amended as follows.

55 In section 4(1) (certain public buildings may be used for county court sittings
free of charges other than charges for light, heat and cleaning) before “, there
is a building” insert “or a sitting of the family court is held”.

56 In section 38(3) (county court does not have power to make certain orders)
5for “A county court shall not have” substitute “Neither the county court nor
the family court has”.

57 Omit sections 40(9) and 42(8) and, in section 41(2), the words after
“prerogative orders)” (references to family jurisdiction of county court).

58 In section 57 (evidence of prisoners) after subsection (4) insert—

“(5) 10This section applies in relation to the family court as it applies in
relation to the county court.”

59 In section 61 (rights of audience by direction) after subsection (3) insert—

“(3A) Subsections (1) to (3) apply in relation to the family court as they
apply in relation to the county court.”

60 15In section 71 (satisfaction of orders for payment of costs etc) after subsection
(2) insert—

“(3) Subsections (1) and (2), so far as relating to costs, apply in relation to
the family court as they apply in relation to the county court.”

61 In section 131 (appointment of auditors etc) after “controlling the accounts
20of” insert “the family court or”.

62 In section 132 (payments of expenses etc)—

(a) in paragraph (b) (costs of books etc) after “offices” insert “, and the
family court and its offices,”,

(b) in paragraph (c) (costs of transport to prison) after “committed by”
25insert “the family court or”, and

(c) in paragraph (d) (all other expenses arising out of any jurisdiction
conferred) after “conferred” insert “on the family court or any officer
of the family court or”.

Children Act 1989 (c. 41)Children Act 1989 (c. 41)

63 30In section 97 of the Children Act 1989 (privacy for children involved in
certain proceedings)—

(a) omit subsections (1), (7) and (8) (which relate to certain family
proceedings in magistrates’ courts), and

(b) in subsection (2) (restrictions on publication) for “, a county court or
35a magistrates’ court” substitute “or the family court”.

Courts and Legal Services Act 1990 (c. 41)Courts and Legal Services Act 1990 (c. 41)

64 (1) The Courts and Legal Services Act 1990 is amended as follows.

(2) In section 1(1) (allocation of business between High Court and county
court)—

(a) 40in paragraph (a) (conferring jurisdiction on High Court) after
“which” insert “the family court or”,

(b) in paragraph (b) (conferring jurisdiction on county court) after “on”
insert “the family court or”,

(c) in paragraph (c) (allocating proceedings) after “High Court” insert
“or to the family court”,

(d) after paragraph (d) insert—

“(da) specifying proceedings which may be commenced
5only in the family court,”, and

(e) after paragraph (f) insert—

“(fa) specifying proceedings which may be taken only in
the family court;”.

(3) In section 1(3) (criteria for distinguishing categories of proceedings) after
10paragraph (c) insert—

“(ca) any relationship between the proceedings and any other
proceedings;”.

(4) In section 1(7)(a) (power to make consequential amendments) after sub-
paragraph (ii) insert “or

(iii) 15the jurisdiction, practice or procedure of the family
court,”.

(5) In section 1(10) (no power to confer judicial review jurisdiction on county
court) after “on” insert “the family court or”.

(6) In the title of section 1 after “High Court” insert “family court”.

(7) 20Omit sections 9 and 10 (allocation of family proceedings in county court and
rules about family proceedings in magistrates’ courts).

(8) In section 11 (representation in certain county court cases)—

(a) after subsection (9) insert—

“(9A) This section applies in relation to the family court as it applies
25in relation to the county court.”, and

(b) in the title after “county court” insert “and family court”.

Maintenance Enforcement Act 1991 (c. 17)Maintenance Enforcement Act 1991 (c. 17)

65 (1) Section 1 of the Maintenance Enforcement Act 1991 (High Court and county
court maintenance orders) is amended as follows.

(2) 30For “a county court”, in each place, substitute “the family court”.

(3) After subsection (1) insert—

“(1A) Where the family court makes a qualifying periodical maintenance
order, it may at the same time exercise any of its powers under
subsection (4A) below in relation to the order, whether of its own
35motion or on an application made under this subsection by an
interested party.”

(4) After subsection (3) insert—

“(3A) Where the family court has made a qualifying periodical
maintenance order, it may at any later time—

(a) 40on an application made under this subsection by an
interested party, or

(b) of its own motion, in the course of any proceedings
concerning the order,

exercise any of its powers under subsection (4A) below in relation to
the order.”

(5) After subsection (4) insert—

“(4A) The powers mentioned in subsections (1A) and (3A) above are—

(a) 5the power to order that payments under the qualifying
periodical maintenance order in question be made to the
court or an officer of the court;

(b) the power to order that payments under the qualifying
periodical maintenance order in question required to be to
10the court, or an officer of the court, are to be so made by such
method of payment falling within subsection (5) below as the
court may specify in the particular case; or

(c) the power to order that payments under the qualifying
periodical maintenance order in question be made in
15accordance with arrangements for their collection made by
the Secretary of State under section 30 of the Child Support
Act 1991 and regulations made under that section.”

(6) In subsection (5) (methods of payment) after paragraph (b) insert “; or

(c) any method of payment specified in regulations made by the
20Lord Chancellor.”

(7) In subsection (6)(a) after “(4) above” insert “or under paragraph (b) of
subsection (4A) above”.

(8) In subsection (7) (powers where order made under subsection (4)(a))—

(a) for “or (3)” substitute “, (1A), (3) or (3A)”, and

(b) 25after “(4)(a)” insert “or (4A)”.

(9) After subsection (8) insert—

“(8A) No order made by the family court under subsection (4) or (4A)(a) or
(b) above has effect at any time when the Secretary of State is, under
section 30 of the Child Support Act 1991 and regulations made under
30that section, arranging for the collection of payments under the
qualifying periodical maintenance order in question.”

(10) After subsection (10) insert—

“(11) The power of the Lord Chancellor to make regulations under
subsection (5)(c) above is exercisable by statutory instrument, and a
35statutory instrument containing regulations under subsection (5)(c)
is subject to annulment in pursuance of a resolution of either House
of Parliament.”

(11) In the title, and in the preceding italic heading, for “county courts” substitute
“family court”.

40Access to Justice Act 1999 (c. 22)Access to Justice Act 1999 (c. 22)

66 The Access to Justice Act 1999 is amended as follows.

67 In section 54(1) (rules may require permission to appeal) after paragraph (a)
insert—

“(aa) the family court,”.

68 In section 55(1) (limitations on right to appeal to Court of Appeal against a
decision made on an appeal) before “or the High Court” insert “, the family
court”.

69 In section 56(1) (power to prescribe alternative appellate court) after
5paragraph (a) insert—

“(aa) the family court,”.

70 In section 57(1) (appeals otherwise than to Court of Appeal may be
redirected there)—

(a) before “or the High Court” insert “, the family court”, and

(b) 10after paragraph (b) insert “or

(c) the President of the Family Division where it is the
family court from which or to which the appeal is
made, or from which permission to appeal is
sought,”.

15Courts Act 2003 (c. 39)Courts Act 2003 (c. 39)

71 The Courts Act 2003 is amended as follows.

72 In section 1(1) (Lord Chancellor’s general duty to ensure that support
systems and services, including staff and accommodation, are provided for
certain courts) for the “and” at the end of paragraph (b) substitute—

“(ba) 20the family court, and”.

73 In section 18(5)(a) (presiding at sittings of justices) omit “or family
proceedings court”.

74 In section 19(2)(e) (committees may be established under rules to advise on
authorisation of justices for specific purposes) for “members of family
25proceedings courts or” substitute “judges of the family court or as members
of”.

75 Omit section 30(6) (exclusion of family proceedings).

76 In section 66 (judges having powers of District Judges (Magistrates’ Courts))
omit—

(a) 30in subsection (1), paragraph (b) and the “and” preceding it, and

(b) subsection (4).

77 (1) Section 75 (Family Procedure Rules) is amended as follows.

(2) In subsection (1) (family proceedings in certain courts to be governed by
Family Procedure Rules) omit the words after “proceedings”.

(3) 35For subsection (3) (meaning of “family proceedings”) substitute—

“(3) Family proceedings” means—

(a) proceedings in the family court, and

(a) proceedings in the Family Division of the High Court which
are business assigned, by or under section 61 of (and
40Schedule 1 to) the Senior Courts Act 1981, to that Division of
the High Court and no other.”

(4) In subsection (4) (differential provision) before “different areas” insert
“different cases or”.

78 (1) Section 76 (further provision about scope of Family Procedure Rules) is
amended as follows.

(2) In subsection (2) (provision that may be made by rules)—

(a) after the “and” at the end of paragraph (a) insert—

“(aa) 5provide, subject to any provision that may be made in
rules under section 31O(4) of the Matrimonial and
Family Proceedings Act 1984, for any functions of a
court in family proceedings to be carried out by
officers or other staff of the court.” and

(b) 10omit paragraph (b).

(3) In subsection (3) (rules may modify rules of evidence) omit the words after
“proceedings”.

79 (1) Section 77(2) (membership of Family Rule Procedure Committee) is
amended as follows.

(2) 15Omit paragraphs (i) and (l).

(3) In paragraphs (j) and (m) for “magistrates’ courts” substitute “the family
court”.

80 (1) Section 81 (practice directions relating to family proceedings) is amended as
follows.

(2) 20In subsection (1)—

(a) in paragraph (za) after “Court of Appeal” insert “in proceedings on
appeal from the Family Division of the High Court or from the
family court”, and

(b) for the words after paragraph (za) substitute—

ERROR:This is very likely an error in markup in the FM document. Amendments generally should not occur nested in this manner [\t (zb)\tthe Family Division of the High Court in proceedings which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and \t(aa)\t the family court.\xd3 ]

“(zb) 25the Family Division of the High Court in proceedings
which are business assigned, by or under section 61 of
(and Schedule 1 to) the Senior Courts Act 1981, to that
Division of the High Court and no other, and

(aa) the family court.””

(3) 30In subsection (2) for the words “of those courts in family proceedings”
substitute “mentioned in subsection (1) which are”.

(4) In subsection (2A) for “of any relevant court in family proceedings”
substitute “mentioned in subsection (1)”.

(5) In subsection (3)(a) for “of any relevant court in family proceedings,”
35substitute “mentioned in subsection (1),”.

(6) In subsection (5) omit the definition of “relevant court”.

81 In section 92(1) (power to prescribe fees for things dealt with by certain
courts) after paragraph (a) insert—

“(aa) the family court,”.

40Constitutional Reform Act 2005 (c. 4)Constitutional Reform Act 2005 (c. 4)

82 The Constitutional Reform Act 2005 is amended as follows.

83 In section 7(4) (courts of which Lord Chief Justice is president) after the entry