Crime and Courts Bill (HL Bill 4)
SCHEDULE 10 continued PART 2 continued
Contents page 40-49 50-59 60-74 75-79 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-224 Last page
Crime and Courts BillPage 140
for the Crown Court insert—
-
“the family court”.
Part 3 Repeals and revocations in consequence of Parts 1 and 2 of this Schedule
84
5The provisions specified in the Table are repealed or revoked to the extent
shown.
| Reference | Extent of repeal or revocation |
|---|---|
| Administration of Justice Act 1970 (c. 31) |
Section 48(3). |
| Administration of Justice Act 1977 (c. 38) |
In Schedule 3, paragraphs 3 and 4(a). |
| Magistrates’ Courts Act 1980 (c. 43) |
10Section 53(4). |
| Section 54(3) and (4). | |
| Section 55(9). | |
| In section 56 the words from the beginning to “any magistrates’ court,”. |
|
| 15In section 57 the words from the beginning to “any magistrates’ court,”. |
|
| Section 57A(3). | |
In section 64— (a)
20subsection (1A), (b)
in subsection (2) the words “or (4A)”, (c)
in subsection (3) the words “Subject to (d)
subsections (4) and (4A). 25 |
|
| In section 97(1)(a) and (2) the words “or of an application in family proceedings”. |
|
| Section 111(7). | |
| Section 121(8). | |
| 30Section 144(1)(b). | |
| Section 145(1)(ga). | |
| In section 150(1), the definitions of “Family Procedure Rules”, “family proceedings”, “magistrates’ court maintenance order” and 35“maintenance order”. |
|
| Civil Jurisdiction and Judgments Act 1982 (c. 27) |
In Schedule 11, paragraph 2. |
| In Schedule 12, paragraphs 3 and 7. | |
| Matrimonial and Family Proceedings Act 1984 (c. 42) |
Section 44. |
| In Schedule 1, paragraphs 4 and 5. | |
| Family Law Reform Act 1987 (c. 42) |
40In Schedule 2, paragraphs 18, 81, 83 to 85 and 87. |
| Children Act 1989 (c. 41) | In Schedule 11, paragraph 8(a) to (c). |
| Broadcasting Act 1990 (c. 42) | In Schedule 20, paragraph 29(2). |
| Maintenance Enforcement Act 1991 (c. 17) |
Sections 7 and 8. |
| 45In Schedule 1, paragraphs 8 and 9. | |
| In Schedule 2, paragraphs 6 to 8 and 11(1). |
Crime and Courts BillPage 141
| Reference | Extent of repeal or revocation |
|---|---|
| Social Security (Consequential Provisions) Act 1992 (c. 6) |
In Schedule 2, paragraph 60. |
| Transfer of Functions (Magistrates’ Courts and Family Law) Order 1992 (S.I. 1992/709) |
In Schedule 2, the entries for sections 59 and 94A of the Magistrates’ Courts Act 1980. 5 |
| Maintenance Orders (Backdating) Order 1993 (S.I. 1993/623) |
Article 3 and Schedule 2. |
| Child Support Act 1991 (Consequential Amendments) Order 1994 (S.I. 1994/731) |
10Article 3. |
| Family Law Act 1996 (Modifications of Enactments) Order 1997 (S.I. 1997/1898) |
Article 2. 15 |
| Crime and Disorder Act 1998 (c. 37) |
In Schedule 8, paragraph 42. |
| Access to Justice Act 1999 (c. 22) | In Schedule 10, paragraphs 33 and 34. |
| 20In Schedule 11, paragraphs 26 and 27. | |
| Child Support, Pensions and Social Security Act 2000 (c. 19) |
In Schedule 8, paragraph 2. |
| Civil Jurisdiction and Judgments Order 2001 (S.I. 2001/3929) |
In Schedule 3, paragraphs 5, 11 and 12(b) and (c). |
| Adoption and Children Act 2002 (c. 38) |
25In Schedule 3, paragraphs 37, 38 and 39(b)(i). |
| Courts Act 2003 (c. 39) | Section 26(4). |
| Section 49(1). | |
| In Schedule 8, paragraphs 98 to 101, 143, 208(3), 210, 211(3) and (4), 214 to 217, 228, 229 and 30349. |
|
| Civil Partnership Act 2004 (c. 33) |
In Schedule 27, paragraphs 22, 64 and 65. |
| Constitutional Reform Act 2005 (c. 4) |
In Schedule 4, paragraphs 101, 213 and 344(4). |
| European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/ 265) |
Regulation 4. 35 |
| Childcare Act 2006 (c. 21) | In Schedule 2, paragraph 2. |
| Legal Services Act 2007 (c. 29) | 40In Schedule 21, paragraph 144(2)(b). |
Crime and Courts BillPage 142
| Reference | Extent of repeal or revocation |
|---|---|
| Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655) |
In the Schedule, paragraph 9. |
| Human Fertilisation and Embryology Act 2008 (c. 22) |
5In Schedule 6, paragraph 20. |
| Children and Families (Wales) Measure 2010 (nawm 1) |
In Schedule 1, paragraphs 1 and 2. |
| Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/ 1898) |
In the Schedule, paragraph 1. 10 |
| Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045) |
15Articles 3, 5, 6(b), 7, 10(b) and (d) and 11 to 14. |
| Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215) |
Regulation 2. 20 |
| Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/ 1484) |
In Schedule 7, paragraphs 2(4) and 9(2). 25 |
Crime and Courts BillPage 143
Section 17
SCHEDULE 11 Transfer of jurisdiction to family court
Part 1 Amendments of enactments
5Married Women’s Property Act 1882 (c. 75)Married Women’s Property Act 1882 (c. 75)
1 The Married Women’s Property Act 1882 is amended as follows.
2
In section 10 (court’s power to order transfer investment and dividends to
husband where investment made with his money and without his consent)
for “the Court” substitute “the High Court or the family court”.
3
10In section 17 (power of High Court and prescribed county court to make
orders in relation to disputes between husband and wife about title to or
possession of property)—
(a)
for “such county court as may be prescribed” substitute “the family
court”, and
(b) 15omit the words after “rules of court”.
Crime and Courts BillPage 144
Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)
4
(1)
The Maintenance Orders (Facilities for Enforcement) Act 1920 is amended in
accordance with paragraphs 5 to 11.
(2)
The amendments made by paragraphs 5 to 11 cease to have effect on the
5coming into force of the repeal of the Maintenance Orders (Facilities for
Enforcement) Act 1920 by section 22(2)(a) of the Maintenance Orders
(Reciprocal Enforcement) Act 1972.
5
In section 1(2) (courts in which maintenance orders from Her Majesty’s
dominions outside the United Kingdom are to be registered) after “and, if
10the court was not a court of superior jurisdiction, be” insert “the family court,
or, in Northern Ireland,”.
6
(1)
Section 3 (power of courts in England and Wales, or Northern Ireland, to
make provisional orders of maintenance against certain persons resident
outside the United Kingdom) is amended as follows.
(2)
15In subsection (1) (circumstances in which provisional orders may be made)
for “a court of summary jurisdiction in England or Ireland” substitute “the
family court, or in Northern Ireland to a court of summary jurisdiction,”.
(3)
In subsection (4) (taking of evidence by court of summary jurisdiction at
request of court in a part of Her Majesty’s dominions outside the United
20Kingdom)—
(a) omit “of summary jurisdiction” in the first place, and
(b) after “that court or” insert “, in Northern Ireland,”.
(4)
In subsection (5) (confirmation of order does not affect any power of court of
summary jurisdiction to vary or revoke order, provided certain
25requirements are met)—
(a) after “any power of” insert “the family court, or”, and
(b) after “summary jurisdiction” insert “in Northern Ireland,”.
(5)
Omit subsection (7) (variation etc in a magistrates’ court in England and
Wales).
7
(1)
30Section 4 (power of court of summary jurisdiction to confirm maintenance
order made outside the United Kingdom) is amended as follows.
(2)
In subsection (1) (procedure for determining whether order should be
confirmed by court of summary jurisdiction)—
(a) after “confirmed by” insert “the family court or by”,
(b) 35omit “England or” in the first place,
(c)
after “send the said documents” insert “to the family court if it
appears to the Lord Chancellor that the person is resident in England
and Wales or”, and
(d)
after “court of summary jurisdiction”, in the second place, insert “in
40Northern Ireland if it appears to the Lord Chancellor that the person
is resident in Northern Ireland”.
(3)
In subsection (5A) (exercise of powers where a magistrates’ court in England
and Wales confirms a provisional order)—
(a) for “a magistrates’” substitute “the family”, and
(b) 45for “shall” substitute “may”.
Crime and Courts BillPage 145
(4) In subsection (5B) (available powers)—
(a)
in each of paragraphs (a) and (b) for “the designated officer for the
court or for any other magistrates’ court” substitute “the family
court”, and
(b)
5in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
substitute “1(5) of the Maintenance Enforcement Act 1991”.
(5) In subsection (5C) (deciding on exercise of powers)—
(a) for “which of” substitute “whether to exercise any of its”, and
(b) omit “it is to exercise”.
(6)
10In subsection (5D) (power to require account to be opened) for “Subsection
(4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection
(6) of section 1 of the Maintenance Enforcement Act 1991”.
(7) In subsection (6) omit “Subject to subsection (6A),”.
(8)
Omit subsection (6A) (modifications of section 60 of the Magistrates’ Courts
15Act 1980).
8
(1)
Section 4A (variation and revocation of maintenance orders) is amended as
follows.
(2)
In subsection (2) (jurisdiction of magistrates’ court where respondent
resides in a part of Her Majesty’s dominions outside the United Kingdom to
20which the Act extends) for “a magistrates’ court in England and Wales”
substitute “the family court”.
(3)
In subsection (4) (magistrates’ court hearings in absence of respondent), in
paragraph (a) for “a magistrates’ court in England and Wales” substitute
“the family court”.
(4)
25In subsection (5) (application of subsection (4) to Northern Ireland with
modifications) in paragraph (c) for “a magistrates’ court in England and
Wales” substitute “the family court”.
9 (1) Section 6 (mode of enforcing orders) is amended as follows.
(2)
In subsection (1) (enforcement steps to be taken by court of summary
30jurisdiction) omit “of summary jurisdiction”.
(3) For subsection (2) substitute—
“(2)
Every such order registered in or confirmed by the family court is
enforceable as if it were an order made by the family court and as if
that court had had jurisdiction to make it.”
(4)
35In subsection (3) (execution of a warrant in a part of the United Kingdom in
which the issuing court does not have jurisdiction) after “issued by” insert
“the family court or”.
10
In section 9 (use of depositions taken outside United Kingdom) after “courts
of summary jurisdiction” insert “, or the family court,”.
11
40In section 11(za) (application of section 3 to Northern Ireland) for “for
subsection (7) of that section there shall be substituted” substitute “after
subsection (6) of that section there shall be inserted”.
Crime and Courts BillPage 146
Marriage Act 1949 (c. 76)Marriage Act 1949 (c. 76)
12 The Marriage Act 1949 is amended as follows.
13
In section 3(5) (marriage of persons aged 16 or 17: meaning of “the court”
and provision about rules of court)—
(a)
5for the words from “, the county court of the district” to the second
“in which any applicant or respondent resides” substitute “or the
family court”,
(b) omit paragraph (b), and
(c)
in paragraph (c) for “a court of summary jurisdiction” substitute “the
10family court”.
14
(1)
Section 27B (provisions relating to section 1(3) marriages) is amended as
follows.
(2)
In subsection (4) (certificate not to be issued if alleged that section 1(3)
criteria not met, unless declaration obtained from High Court under
15subsection (5)) omit “from the High Court”.
(3)
In subsection (5) (application to High Court for declaration) after “High
Court” insert “or the family court”.
Maintenance Orders Act 1950 (c. 37)Maintenance Orders Act 1950 (c. 37)
15 The Maintenance Orders Act 1950 is amended as follows.
16
20In section 4(1) (court of summary jurisdiction in England has jurisdiction in
proceedings for the recovery of sums under certain provisions against
person residing in Scotland or Northern Ireland) for “A court of summary
jurisdiction in England” substitute “The family court”.
17
(1)
Section 17 (procedure for registration of maintenance orders) is amended as
25follows.
(2)
Omit subsection (1)(a) (authority to whom application is to be made for
registration of maintenance order made by court of summary jurisdiction in
England).
(3)
In subsection (3)(b) (court to whose officer certified copy of maintenance
30order is to be sent) for the words after “in any other case” substitute “—
(i)
where the defendant appears to be in England and
Wales, the family court;
(ii)
where the defendant appears to be in Northern
Ireland, a court of summary jurisdiction acting for the
35place in which the defendant appears to be;
(iii)
where the defendant appears to be in Scotland, the
sheriff court within the jurisdiction of which the
defendant appears to be.”
(4)
In subsection (6) (court officer may apply, on behalf of person entitled to
40maintenance payments made to or through the officer, for registration of
order under which they are made) for “made by a court of summary
jurisdiction in England or Northern Ireland” substitute “made by the family
court or a court of summary jurisdiction in Northern Ireland”.
18 (1) Section 18 (enforcement of registered orders) is amended as follows.
Crime and Courts BillPage 147
(2) In subsection (1A) (interest)—
(a) after “under this Part of this Act in” insert “the family court or”,
(b) omit “England or”,
(c) omit “Part I of the Maintenance Orders Act 1958 or”, and
(d) 5omit “section 2A of the said Act of 1958 or”.
(3)
Omit subsections (2) to (2ZB) (enforcement of registered orders in
magistrates’ courts).
(4)
In subsection (2A) (offence of not giving notice of change of address to
proper officer) omit “England or”.
(5)
10In subsection (2B) (meaning of “proper officer”) omit paragraph (a)
(including the “and” at the end).
19 (1) Section 19 (functions of collecting officer etc) is amended as follows.
(2)
In subsection (1) (provisions in maintenance order about payment to court
have no effect if order is registered)—
(a) 15for “or”, in the first place, substitute “by the family court or in”, and
(b) after “through or to any” insert “court or”.
(3)
In subsection (2) (court in which maintenance order registered to order
payment to be made through collecting officer) omit—
(a) “England or” in both places, and
(b) 20“, as the case may be”.
(4)
Omit subsection (3)(a) (variation etc of orders made in England and Wales
under subsection (2)).
(5) In subsection (4) after “through or to any” insert “court or”.
20
In section 20(1)(a) (certificates as to arrears under registered maintenance
25orders)—
(a) after “to or through” insert “a court or”, and
(b)
after “signed by” insert “an officer of that court or (as the case may
be)”.
21
(1)
Section 22 (discharge and variation of maintenance orders registered in
30summary or sheriff courts) is amended as follows.
(2)
In subsection (1) (variation of maintenance order) for “a court of summary
jurisdiction or” substitute “the family court, a court of summary jurisdiction
in Northern Ireland or a”.
(3)
In subsection (1A) (power of magistrates’ court to vary payments under
35registered maintenance order) for “a magistrates’ court in England and
Wales” substitute “the family court”.
(4) In subsection (1B) (available powers)—
(a)
in each of paragraphs (a) and (b) for “the designated officer for the
court or for any other magistrates’ court in England and Wales”
40substitute “the family court”, and
(b)
in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
substitute “1(5) of the Maintenance Enforcement Act 1991”.
(5) In subsection (1C) (deciding on exercise of powers)—
(a) for “which of” substitute “whether to exercise any of its”, and
Crime and Courts BillPage 148
(b) omit “it is to exercise”.
(6)
In subsection (1D) (power to require account to be opened) for “Subsection
(4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection
(6) of section 1 of the Maintenance Enforcement Act 1991”.
(7)
5Omit subsection (1E) (modifications of section 60 of the Magistrates’ Courts
Act 1980).
(8)
In subsection (4) (court in which order registered may vary it only under
subsection (1)) for “a court of summary jurisdiction or” substitute “the
family court, a court of summary jurisdiction in Northern Ireland or a”.
(9)
10In subsection (5) (evidence) for “a court of summary jurisdiction or”
substitute “the family court, a court of summary jurisdiction in Northern
Ireland or a”.
22 (1) Section 24 (cancellation of registration) is amended as follows.
(2)
In subsection (2) (notice by appropriate authority where defendant ceases to
15reside in England and Wales, Northern Ireland or Scotland) for “a court of
summary jurisdiction in England or Northern Ireland” substitute “the
family court, a court of summary jurisdiction in Northern Ireland”.
(3)
In subsection (5A) (effect of cancellation of registration in a magistrates’
court in England and Wales)—
(a)
20in the words before paragraph (a) for “a magistrates’” substitute “the
family”,
(b) in paragraph (a) omit “section 18(2ZA) or” and “or (1E)”, and
(c) in paragraph (b)—
(i)
for “the designated officer for a magistrates’ court in England
25and Wales” substitute “the family court”, and
(ii)
for “59(6) of the Magistrates’ Courts Act 1980” substitute
“1(5) of the Maintenance Enforcement Act 1991”.
(4) In subsection (6) (orders under section 19(2)) omit “England or”.
23
In section 25(3) (rules as to procedure of courts of summary jurisdiction) for
30“a court of summary jurisdiction in England or Northern Ireland” substitute
“the family court or a court of summary jurisdiction in Northern Ireland”.
24
In section 28(1) (interpretation) in the definition of “collecting officer” omit
“in relation to a court of summary jurisdiction in England, means the
designated officer for the court, and”.
35Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)
25
(1)
Section 7 of the Matrimonial Causes (Property and Maintenance) Act 1958
(which extends section 17 of the Married Women’s Property Act 1882 to
certain disputes relating to property in which a wife claims a beneficial
interest) is amended as follows.
(2)
40In subsection (1) (which refers to any right of a wife under section 17 of the
1882 Act to apply to a judge of the High Court or of a county court) for “a
county court” substitute “the family court”.
Crime and Courts BillPage 149
(3)
In subsection (2) (extension of the judge’s power to make orders under
section 17 of the 1882 Act as extended by subsection (1)) for “a county court”
substitute “the family court”.
Law Reform (Miscellaneous Provisions) Act 1970 (c. 33)Law Reform (Miscellaneous Provisions) Act 1970 (c. 33)
26
5In section 2(2) of the Law Reform (Miscellaneous Provisions) Act 1970
(section 17 of the Married Women’s Property Act 1882 and section 7 of the
Matrimonial Causes (Property and Maintenance) Act 1958 apply to certain
disputes between parties to a broken engagement) for “a county court”
substitute “the family court”.
10Matrimonial Proceedings and Property Act 1970 (c. 45)Matrimonial Proceedings and Property Act 1970 (c. 45)
27 (1) The Matrimonial Proceedings and Property Act 1970 is amended as follows.
(2)
In section 30(2) (order for maintenance of party to marriage made by
magistrates’ court to cease to have effect on remarriage of that party) for “a
magistrates’ court”, in both places, substitute “the family court”.
(3)
15In section 39 (extension of section 17 of the Married Women’s Property Act
1882 to certain cases where marriage dissolved or annulled) for “a county
court” substitute “the family court”.
Matrimonial Causes Act 1973 (c. 18)Matrimonial Causes Act 1973 (c. 18)
28 The Matrimonial Causes Act 1973 is amended as follows.
29
20In section 4(4)(a) (periods which may be treated for the purposes of section
1(2)(c) as periods during which the respondent has deserted the petitioner)
for “or a county court” substitute “, the family court or the county court”.
30
In section 32(1) (arrears more than 12 months old not to be enforced without
court’s permission) for “any county court” substitute “the family court”.
31
(1)
25Section 33 (orders for repayment of sums paid under certain orders) is
amended as follows.
(2)
In subsection (4) (application for repayment may be made in proceedings for
variation, discharge or enforcement of order, or to county court) for “a
county court”, in each place, substitute “the family court”.
(3)
30Omit subsection (5) (no limits on jurisdiction of county court under
subsection (4)).
32
(1)
Section 35 (alterations of maintenance agreements where both parties are
living) is amended as follows.
(2)
In subsection (1) (application for alteration may be made to the court or a
35magistrates’ court) omit “or to a magistrates’ court”.
(3)
In subsection (2) (which refers to the court to which an application for an
alteration is made)—
(a)
in the words before paragraph (a) omit “to which the application is
made”,
(b) 40for “subsections (3),” substitute “subsections “, and
(c) for “that court”, in both places, substitute “the court”.