Crime and Courts Bill (HL Bill 4)

(4) Omit subsection (3) (limits on powers of magistrates’ court to deal with
applications for alterations).

(5) In subsections (4) and (5) for “a court” substitute “the court”.

33 (1) Section 36 (alterations of maintenance agreements after death of one party)
5is amended as follows.

(2) In subsection (1) (application for alteration may be made to High Court or
county court) omit the words from “High” to “county”.

(3) In subsection (2) (court’s permission needed to make late application) omit
the words from “High” to “county”.

(4) 10Omit subsections (3) and (7) (powers of county court to deal with
applications for alterations).

(5) In subsections (4) and (5) for “a court” substitute “the court”.

34 (1) Section 38 (orders for repayment of periodical payments mistakenly made)
is amended as follows.

(2) 15In subsection (2) (powers of the court when dealing with an application for
repayment) after “On an application under this section the court” insert “to
which the application is made”.

(3) In subsection (3) (application for repayment may be made in enforcement
proceedings, or to county court) for “a county court”, in each place,
20substitute “the family court”.

(4)
Omit subsection (4) (no limits on jurisdiction of county court under
subsection (3)).

(5) In subsection (6) (liability of court officers in respect of orders for periodical
payments)—

(a) 25in the words before paragraph (a) for “The designated officer for a
magistrates’ court to whom any payments under a payments order
are required to be made,” substitute “An officer of the family court,”,
and

(b) in paragraph (a)—

(i) 30for “the designated officer,” substitute “an officer of the
family court,”, and

(ii) 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,”.

(6) 35In subsection (7) (meaning of “collecting officer”) for “the registrar of a
county court or the designated officer of a magistrates’ court” substitute “or
the officer of the family court,”.

35 (1) In section 52(1) (interpretation of the Act) for the definition of “the court”
substitute—

• 40““the court” (except where the context otherwise requires)
  means the High Court or the family court;”.

(2) The amendment made by sub-paragraph (1) does not apply for the purposes
of interpreting references to “the court” in paragraph 14 of Schedule 1 to the
Matrimonial Causes Act 1973.

Domicile and Matrimonial Proceedings Act 1973 (c. 45)Domicile and Matrimonial Proceedings Act 1973 (c. 45)

36 (1) Section 5 of the Domicile and Matrimonial Proceedings Act 1973
(jurisdiction of High Court and county court to entertain proceedings for
divorce, judicial separation or nullity of marriage) is amended as follows.

(2) 5In subsection (1A) (interpretation) in the definition of “the court” for the
words after “High Court” substitute “and the family court”.

(3) In the side-note for “county courts” substitute “family court”.

Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

37 The Domestic Proceedings and Magistrates’ Courts Act 1978 is amended as
10follows.

38 In section 1 (grounds of application to magistrates’ court for order for
financial provision) for “a magistrates’ court” substitute “the family court”.

39 In section 6(1) (application for order for payments agreed between parties to
a marriage) for “a magistrates’ court” substitute “the family court”.

40 15In section 7(1) (powers of court where parties living apart by agreement) for
“a magistrates’ court” substitute “the family court”.

41 (1) Section 19 (interim maintenance orders) is amended as follows.

(2) In subsection (1) (courts’ powers)—

(a) in paragraph (a)—

(i) 20for “the magistrates’ court” substitute “the family court”, and

(ii) omit the words from “or on refusing” to the end; and

(b) omit paragraphs (b) and (c) (High Court and county court powers).

(3) In subsection (3) (date from which payment may be required to be made)
omit the words after “section 2, 6 or 7 of this Act”.

(4) 25In subsection (5)(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”.

(5) In subsection (6) (interim order may be continued in force by order of court)
for the words from “the magistrates’ court which made the order” to
30“reheard,” substitute “the family court”.

(6) Omit subsection (9) (interim order of High Court or county court on
ordering rehearing by magistrates’ court to be treated, for certain purposes,
as an order of that magistrates’ court).

42 In section 20 (variation, revival and revocation of orders for periodical
35payments) in each of subsections (1) to (3) and (5) for “a magistrates’ court”
substitute “the family court”.

43 (1) Section 20ZA (variation of orders for periodical payments: further
provision) is amended as follows.

(2) In subsections (1) and (7) (making provision as to payment when exercising
40power to vary) for “paragraphs (a) to (d) of section 59(3) of the Magistrates’
Courts Act 1980” substitute “section 1(4) and (4A) of the Maintenance
Enforcement Act 1991”.

(3) Omit subsections (2) to (5) and (9) (power of justices’ clerk to vary order).

(4) In subsection (6) (power to require account to be opened)—

(a) for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
5Enforcement Act 1991”, and

(b) for “subsections (1) and (5)” substitute “subsection (1)”.

(5) Omit subsection (8) (duty to exercise powers in particular way).

(6) In subsection (10) (powers under section only exercisable if payer resident in
England and Wales)—

(a) 10omit “, or of a justices’ clerk,”, and

(b) for the words from “which” to the end substitute “unless, at the time
when the order was made, the person required to make the
payments was ordinarily resident in England and Wales.”

44 In section 20A(1) (application by child for revival of periodical payments
15order)—

(a) in the words before paragraph (a), for “a magistrates’ court”
substitute “the family court”, and

(b) in the words after paragraph (b) omit “which made the order”.

45 Omit section 22 (variation of instalments of lump sum).

46 20Omit section 23(2) (certain powers of a magistrates’ court do not apply to
orders under Part 1).

47 In section 25(4) (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”.

48 25Section 27 (refusal of order in case more suitable for High Court) is repealed.

49 (1) Section 28 (powers of High Court and county court relation to certain orders
under Part 1) is amended as follows.

(2) In subsection (1) (power of High Court or county court in matrimonial
proceedings to direct that order of magistrates’ court is to cease to have
30effect)—

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

(b) for “a county court” substitute “the family court”, and

(c) for “made by a magistrates’ court” substitute “under this Part”.

(3) 35In subsection (3)—

(a) for “a county court” substitute “the family court”,

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

50 Section 29 (appeals) is repealed.

51 (1) Section 30 (provisions as to jurisdiction and procedure) is amended as
40follows.

(2) Omit subsections (1) and (1A) (limits on jurisdiction of magistrates’ courts to
deal with applications under Part 1).

(3) In subsection (5) (jurisdiction of magistrates’ court under Part 1 exercisable
notwithstanding that a party to proceedings is not domiciled in England and
Wales) for “a magistrates’ court” substitute “the family court”.

(4) Omit subsection (6) (interpretation of subsections (1) and (1A)).

52 5Section 31 (constitution of courts) is repealed.

53 (1) Section 32 (enforcement etc of orders for payment of money) is amended as
follows.

(2) Omit subsection (1) (order under Part 1 to be enforced as a magistrates’ court
maintenance order).

(3) 10In subsection (2) (power to order payment to a person on another’s behalf)—

(a) for the words from the beginning to “a magistrates’ court making”
substitute “The family court when making”, and

(b) omit the words after “to that other person”.

(4) In subsection (4) (arrears more than 12 months old not to be enforced
15without court’s permission) for “High Court or any county” substitute
“family”.

54 (1) Section 35 (orders for repayment in certain cases of sums paid after cessation
of order by reason of remarriage or formation of civil partnership) is
amended as follows.

(2) 20In subsection (1) (circumstances in which court may exercise powers under
subsection (2)) for “the court” substitute “the family court”.

(3) In subsection (2) (power to order repayment or partial repayment, or to
dismiss application) for “The court” substitute “The family court”.

(4) In subsection (4) (application to be made in enforcement proceedings, or to
25county court)—

(a) for “shall be made to a county court, except that such an application
may” substitute “may (but need not)”,

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

(c) omit the words after “of this Act”.

(5) 30Omit subsection (6) (no limits on jurisdiction of county court under
subsection (4)).

(6) In subsection (7) (liability of court officers)—

(a) in the words before paragraph (a)—

(i) for “The designated officer for a magistrates’ court to whom
35any payments under an order made under section 2(1)(a), 6
or 7 of this Act are required to be made,” substitute “An
officer of the family court,”, and

(ii) for “the first-mentioned order” substitute “an order made
under section 2(1)(a), 6 or 7 of this Act”,

(b) 40in paragraph (a)—

(i) for “the designated officer,” substitute “an officer of the
family court,”, and

(ii) for “in pursuance of the first mentioned order” substitute
“, in pursuance of an order made under section 2(1)(a), 6 or 7

of this Act requiring payments to be made to the court or an
officer of the court,”, and

(c) in the words after paragraph (b) for “first mentioned order”, in both
places, substitute “order made under section 2(1)(a), 6 or 7 of this
5Act”.

55 In section 88 (interpretation)—

(a) in subsection (1) (defined terms), omit the definitions of “family
proceedings” and “magistrates’ court maintenance order”, and

(b) omit subsection (4) (powers of magistrates’ courts acting in a local
10justice area).

Matrimonial and Family Proceedings Act 1984 (c. 42)Matrimonial and Family Proceedings Act 1984 (c. 42)

56 In section 27 (interpretation of Part 3: financial relief in England and Wales
after overseas divorce etc) in the definition of “the court” for the words after
“High Court or” substitute “the family court”.

57 15In section 32 (meaning of “family business” etc) omit the definitions of “civil
partnership cause” and “the 1973 Act”.

58 Sections 33 to 36D (jurisdiction of county court in matrimonial causes and
civil partnership causes) are repealed.

59 In section 37 (directions as to distribution and transfer of family business
20and proceedings between the High Court and county court) for “county
courts” substitute “the family court”.

60 (1) Section 38 (transfer of family proceedings from High Court to county court)
is amended as follows.

(2) In subsection (1) (High Court’s power to transfer proceedings) for “a county
25court” substitute “the family court.”

(3) In subsection (2) (proceedings which are transferable under the section)—

(a) in the words before paragraph (a), for “to a county court” substitute
“to the family court”,

(b) in paragraph (a) (proceedings commenced in High Court that are
30within jurisdiction of county court) for the words after “jurisdiction
of” substitute “the family court”, and

(c) in paragraph (c) (certain proceedings transferred to the High Court)
omit the words from “from” to “county court”.

(4) Omit subsections (3) to (3B) (identifying county court to which transfer to be
35made).

(5) In subsection (5) (transferee court has jurisdiction), in the words before
paragraph (a), for the words after “to” substitute “the family court under this
section, the family court—”.

(6) In the heading omit “to county court”.

61 (1) 40Section 39 (transfer of family proceedings to High Court from county court)
is amended as follows.

(2) In subsection (1) (power to transfer) for “a county court, the county court
may,” substitute “the family court, the family court may,”.

(3) In subsection (2) (proceedings which are transferable under the section) for
paragraphs (a) and (b) substitute—

“(a) all family proceedings commenced in the family court which
are within the jurisdiction of the High Court, and

(b) 5all family proceedings transferred from the High Court
under section 38 above.”

(4) In the heading omit “to county court”.

62 Section 42 (county court proceedings in principal registry of Family
Division) is repealed.

10Family Law Act 1986 (c. 55)Family Law Act 1986 (c. 55)

63 The Family Law Act 1986 is amended as follows.

64 In section 55(1) (application for declaration as to marital status may be made
to High Court or county court) for “a county court” substitute “the family
court”.

65 15In section 55A(1) (application for declaration of parentage may be made to
High Court, county court or magistrates’ court) for “, a county court or a
magistrates’ court” substitute “or the family court”.

66 (1) Section 56 (declarations of legitimacy or legitimation) is amended as follows.

(2) In subsection (1) (application for declaration of legitimacy may be made to
20High Court or county court) for “a county court” substitute “the family
court”.

(3) In subsection (2) (application for declaration of legitimation may be made to
High Court or county court) for “a county court” substitute “the family
court”.

67 25In section 57(1) (application for declaration as to adoption effected overseas
may be made to High Court or county court) for “a county court” substitute
“the family court”.

68 Omit section 60(5) (appeals in relation to magistrates’ courts declarations
under section 55A).

30Matrimonial Proceedings (Transfers) Act 1988 (c. 18)1988 (c. 18)

69 In section 1(1) of the Matrimonial Proceedings (Transfers) Act 1988 (which
modifies section 38 of the Matrimonial and Family Proceedings Act 1984
(“the 1984 Act”)), in the paragraph (d) to have effect as if inserted into section
38(2) of the 1984 Act, after “from” insert “the family court or”.

35Children Act 1989 (c. 41)Children Act 1989 (c. 41)

70 The Children Act 1989 is amended as follows.

71 Omit section 11J(13) (section 11J is without prejudice to section 63(3) of the
Magistrates’ Courts Act 1980 as it applies in relation to contact orders).

72 Omit section 15(2) (disapplication of powers of magistrates’ courts in
40relation to maintenance orders).

73 In section 38B(4) (court’s power to accept undertaking relating to interim
care order is without prejudice to other powers of High Court and county
court) for “county court” substitute “family court”.

74 In section 44B(4) (court’s power to accept undertaking relating to emergency
5protection order is without prejudice to other powers of High Court and
county court) for “county court” substitute “family court”.

75 In section 83(5) (direction to obtain information for research purposes) for
“the designated officer for each magistrates’ court to which the direction is
expressed to relate” substitute “an officer of the family court”.

76 (1) 10Section 92 (jurisdiction of courts) is amended as follows.

(2) Omit subsections (1) to (5) (which relate to family proceedings in
magistrates’ courts).

(3) Omit subsection (6) (which introduces Part 1 of Schedule 11).

(4) In subsection (7) (meaning of “the court”) for “the High Court, a county court
15or a magistrates’ court” substitute “the High Court or the family court”.

(5) In subsection (8) (which qualifies subsection (7)) omit the words from “the
provision” to “Schedule 11 and to”.

(6) Omit subsections (9) to (10A) (Lord Chancellor’s power by order to provide
for principal registry of Family Division of High Court to be treated as a
20county court for specified purposes).

77 In section 93(2) omit paragraphs (d), (f), (g), (i) and (j) (rules of court:
magistrates’ courts).

78 Section 94 (appeals) is repealed.

79 Schedule 1 (financial provision for children) is amended as follows.

80 25In paragraph 1(1) (financial provision for children: orders against parents)—

(a) for “may—” substitute “may make one or more of the orders
mentioned in sub-paragraph (2)”, and

(b) omit paragraphs (a) and (b).

81 In paragraph 5 (provisions relating to lump sums), omit sub-paragraphs (2)
30and (4) (limits on amounts which may be ordered by magistrates’ courts).

82 (1) Paragraph 6A (variation etc of orders for periodical payments) is amended
as follows.

(2) In sub-paragraph (1)—

(a) for “a magistrates’” substitute “the family”, and

(b) 35for “sub-paragraphs (7) and (8)” substitute “sub-paragraph (7)”.

(3) In sub-paragraphs (1) and (7) (making provision as to payment when
exercising power to vary) for “paragraphs (a) to (d) of section 59(3) of the
Magistrates’ Courts Act 1980” substitute “section 1(4) and (4A) of the
Maintenance Enforcement Act 1991”.

(4) 40Omit sub-paragraphs (2) to (5) and (10) (power of justices’ clerk to vary
order).

(5) In sub-paragraph (6) (power to require account to be opened)—

(a) for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”, and

(b) for “sub-paragraphs (1) and (5)” substitute “sub-paragraph (1)”.

(6) 5Omit sub-paragraph (8) (duty to exercise powers in particular way).

(7) In sub-paragraph (9) (powers under paragraph only exercisable if payer
resident in England and Wales)—

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

(b) for the words from “which” to end substitute “unless at the time
10when the order was made the person required to make the payments
was ordinarily resident in England and Wales.”

83 Omit paragraph 10(6) (limits on powers of magistrates’ courts to deal with
applications for alteration of maintenance agreements).

84 In paragraph 11 (alteration of maintenance agreement after death of one of
15the parties)—

(a) in sub-paragraph (1) (application to be made to High Court or
county court) for “a county court” substitute “the family court”,

(b) in sub-paragraph (3) (power of High Court and county court to
extend time limit for application) for “a county court” substitute “the
20family court”, and

(c) omit sub-paragraph (5) (limits on jurisdiction of county court).

85 In paragraph 12 (enforcement of orders for maintenance)—

(a) in sub-paragraph (1) (person obliged to make maintenance
payments to give notice of change of address to person specified in
25magistrates’ court order) for “a magistrates’ court” substitute “the
family court”, and

(b) omit sub-paragraph (3) (enforcement of orders made by magistrates’
courts).

86 In paragraph 13 (High Court or county court may order settlement of
30instrument by conveyancing counsel) for “a county court” substitute “the
family court”.

87 Omit paragraph 24(1) of Schedule 2 (enforcement of contribution orders
made by magistrates’ courts).

88 Omit Part 1 of Schedule 11 (jurisdiction).

35Child Support Act 1991 (c. 48)Child Support Act 1991 (c. 48)

89 The Child Support Act 1991 is amended as follows.

90 In section 10(5) (magistrates’ court rules: statements as to maintenance
assessments)—

(a) for “may be made under section 144 of the Magistrates’ Courts Act
401980 (rules of procedure) requiring” substitute “of court may
require”, and

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

91 In section 32L(10) (orders preventing avoidance: interpretation), in
paragraph (a) of the definition of “the court”, after “High Court” insert “or
45the family court”.

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)
5after “before” insert “the family court or”.

Social Security Administration Act 1992 (c. 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
10application”,

(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’
15courts), and

(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
20coming into force of the repeal of section 106 of the Social Security
Administration Act 1992 by Schedule 7 to the Welfare Reform Act 2009.

Family Law Act 1996 (c. 27)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
25effecting service) for the words from “involved—” to “case,” substitute
“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 30In section 47 (arrest for breach of order)—

(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
35etc) omit “(whether in the High Court or a county court under
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 40Section 51 (power of magistrates’ court to order hospital admission or
guardianship) is repealed.

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

(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 5Section 59 (jurisdiction of magistrates’ courts under Part 4) is repealed.

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
10court.”

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
15modification).

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”
20substitute “the family court, a judge of that court”.

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
25amended as follows.

(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 30In paragraph 1 of Schedule 7 (transfer of certain tenancies on divorce etc or
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)Crime and Disorder Act 1998 (c. 37)

112 35The Crime and Disorder Act 1998 is amended as follows.

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”.