Crime and Courts Bill (HL Bill 4)

(3) In subsection (6) (proceedings for child safety order to be family proceedings
for the purposes of certain enactments) omit “or section 65 of the
Magistrates’ Courts Act 1980 (“the 1980 Act”)”.

114 (1) Section 12 (child safety orders: supplemental) is amended as follows.

(2) 5In subsection (1) (information to be obtained by magistrates’ court before
making child safety order) for “a magistrates’ court” substitute “the family
court”.

(3) In subsection (2) (explanation to be given by magistrates’ court to parent or
guardian) for “a magistrates’ court” substitute “the family court”.

(4) 10In subsection (6) (powers of magistrates’ court where child has failed to
comply with child safety order) omit “or another magistrates’ court acting in
the same local justice area”.

115 Omit section 13 (appeals to county court against child safety orders).

116 In section 13B(7) (parental compensation orders: offence) for “the 1980 Act”
15substitute “the Magistrates’ Courts Act 1980 (“the 1980 Act”)”.

Adoption and Children Act 2002

117 The Adoption and Children Act 2002 is amended as follows.

118 In section 13 (information concerning adoption)—

(a) in subsection (2) (court officers who are to provide information) for
20paragraphs (a) and (b) substitute—

“(aa) the relevant officer of the family court, and”

(b) in subsection (3) (meaning of “relevant officer” in relation to county
court and High Court) for “a county” substitute “the family”.

119 Omit section 55(2) (revocation of adoptions on legitimation: interpretation in
25relation to magistrates’ courts).

120 In section 60 (disclosure of information to adopted adult)—

(a) in subsection (2)(a) (High Court power by order to prohibit
disclosure) after “High Court” insert “or family court”,

(b) in subsection (3) (supplementary provision about orders under
30subsection (2)(a)) after “High Court” insert “or family court”.

121 In section 92(1) (steps which may not be taken except by an adoption agency
or in pursuance of High Court order) after “High Court” insert “or the family
court”.

122 In section 95(1)(d) (offences relating to payment for steps taken in
35contravention of section 92(1)) after “High Court” insert “or family court”.

123 In section 101(1) (proceedings in High Court or county court may be heard
in private) for “a County Court” substitute “the family court”.

124 Omit section 141(5) (rules of procedure: magistrates’ courts).

125 In section 144(1) (interpretation), for the definition of “court” substitute—

• 40““court” means the High Court or the family court,”

Gender Recognition Act 2004 (c. 7)Gender Recognition Act 2004 (c. 7)

126 In section 8 of the Gender Recognition Act 2004 (appeals against decision of
Gender Recognition Panel etc) in subsections (1) and (5) after “High Court”
insert “, family court”.

5Civil Partnership Act 2004 (c. 33)Civil Partnership Act 2004 (c. 33)

127 The Civil Partnership Act 2004 is amended as follows.

128 For section 37(4)(b) (in Chapter 2 of Part 2 “the court” includes certain county
courts) substitute—

“(b) the family court.”

129 10In section 46(5)(a) (periods which may be treated for the purposes of section
44(5)(d) as periods during which respondent has deserted applicant) for “or
a county court” substitute “, the family court or the county court”.

130 In section 58 (application for declaration may be made to High Court or
county court) for “a county court” substitute “the family court”.

131 (1) 15Section 66 (disputes between civil partners about property) is amended as
follows.

(2) For subsection (1)(b) (application may be made to county court prescribed
by rules of court) substitute—

“(b) the family court.”

(3) 20Omit subsection (3) (no limits on jurisdiction of county court under
subsection (2)).

132 For section 220(b) (in sections 221 to 224 “the court” includes certain county
courts) substitute—

“(b) the family court.”

133 (1) 25Part 2 of Schedule 1 (special provisions about civil partnerships which are
prohibited unless paragraph 2(1) conditions are met) is amended as follows.

(2) In paragraph 6(2) (civil partnership schedule not to be issued if alleged that
paragraph 2(1) conditions not met, unless High Court declaration obtained
under paragraph 7) omit “High Court”.

(3) 30In paragraph 7 (application to High Court for declaration) after “High
Court” insert “or the family court”.

134 (1) Paragraph 15 of Schedule 2 (civil partnership of persons aged 16 or 17:
meaning of “the court” and provision about rules of court) is amended as
follows.

(2) 35In sub-paragraph (1) (“the court” includes certain county courts and
magistrates’ courts)—

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

(b) for paragraphs (b) and (c) substitute—

“(c) the family court.”

(3) 40In sub-paragraph (2) (rules of court)—

(a) omit paragraph (b), and

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

135 Schedule 5 (financial relief in the High Court or a county court etc) is
amended as follows.

136 5In paragraph 63(2) (payment of certain arrears under certain orders
unenforceable without leave of the court) for “any county court” substitute
“the family court”.

137 (1) Paragraph 64 (orders for repayment in certain cases of sums paid under
certain orders) is amended as follows.

(2) 10In sub-paragraph (7) (application may be made in certain proceedings, or to
county court) for “a county court”, in each place, substitute “the family
court”.

(3) Omit sub-paragraph (8) (no limits on jurisdiction of county court under sub-
paragraph (7)).

138 (1) 15Paragraph 65 (orders for repayment in certain cases of sums paid after
cessation of order by reason of formation of subsequent civil partnership or
marriage) is amended as follows.

(2) In sub-paragraph (6) (application may be made in certain proceedings, or to
county court) for “a county court”, in each place, substitute “the family
20court”.

(3) Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-
paragraph (6)).

(4) In sub-paragraph (8)(a) (liability of court officers in respect of orders for
periodical payments)—

(a) 25for “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) for “in pursuance of the payments order” substitute “, in pursuance
of a payments order requiring payments to be made to the court or
30an officer of the court,”.

(5) In sub-paragraph (10) (interpretation) for paragraphs (b) and (c) substitute
“or

“(aa) the officer of the family court,”.

139 In paragraph 69 (alteration of maintenance agreements where both parties
35are living)—

(a) in sub-paragraph (1) (courts to which application for alteration may
be made) omit “or, subject to sub-paragraph (6), to a magistrates
court”,

(b) in sub-paragraph (6) (power to make order for alteration is subject to
40paragraphs 70 and 71) for “paragraphs 70 and” substitute
“paragraph”.

140 Omit paragraph 70 (limits on powers of magistrates’ court to deal with
applications for alterations).

141 In paragraph 73 (alterations of maintenance agreements after death of one
45party)—

(a) in sub-paragraph (2) (application for alteration may be made to High
Court or county court) omit the words from “High” to “county”, and

(b) in sub-paragraph (4) (court’s permission needed to make late
application) omit the words from “High” to “county”.

142 5For paragraph 80(3)(b) (in Schedule 5 “the court” includes certain county
courts) substitute—

“(b) the family court.”

143 For the Schedule title substitute “Financial relief: provision corresponding to
provision made by Part 2 of the Matrimonial Causes Act 1973”.

144 10Schedule 6 (financial relief in magistrates’ courts etc) is amended as follows.

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

146 Omit paragraph 8 (refusal of order in case more suitable for High Court).

147 In paragraph 9(1) (application for order for payments agreed between
15parties to a civil partnership) for “a magistrates’ court” substitute “the family
court”.

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

149 (1) Paragraph 20 (circumstances in which interim orders may be made) is
20amended as follows.

(2) In sub-paragraph (2) (circumstances in which magistrates’ court may make
order)—

(a) for “A magistrates’ court” substitute “The family court”, and

(b) omit paragraph (b) (interim order may be made on refusal of order
25on grounds that case more suitable for High Court) and the “or”
preceding it.

(3) Omit sub-paragraph (3) (circumstances in which High Court may make
interim order).

150 Omit paragraph 23 (interim orders: payments which can be treated as
30having been paid on account).

151 (1) Paragraph 24 (when interim order ceases to have effect) is amended as
follows.

(2) In sub-paragraph (1)(c) (interim order ceases to have effect on final order of
magistrates’ court or dismissal of application) for “a magistrates’ court”
35substitute “the family court”.

(3) In sub-paragraph (2) (interim order may be continued in force by order of
court)—

(a) in paragraph (a) for “the magistrates’ court which made the order,
or” substitute “the family court,”, and

(b) 40omit paragraph (b).

152 Omit paragraph 25(1) (interim order of High Court on ordering rehearing by
magistrates’ court to be treated, for certain purposes, as an order of that
magistrates’ court).

153 In paragraph 29(6) (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”.

154 In paragraph 30 (variation, revocation, suspension and revival of orders for
5periodical payments) in each of sub-paragraphs (1) and (2) for “a
magistrates’ court” substitute “the family court”.

155 In paragraph 31 (power to order lump sum on variation) in each of sub-
paragraphs (1) and (2) for “a magistrates’ court” substitute “the family
court”.

156 10In paragraph 35(1) (powers exercisable on varying an order) for “59(3)(a) to
(d) of the Magistrates’ Courts Act 1980 (c. 43)1980 (c. 43)” substitute “1(4) and (4A) of
the Maintenance Enforcement Act 1991”.

157 Omit paragraph 36 (variation by justices’ clerk).

158 In paragraph 37 (exercise of powers)—

(a) 15in sub-paragraph (1) for “59(3)(a) to (d) of the 1980” substitute “1(4)
and (4A) of the 1991”, and

(b) omit sub-paragraph (2).

159 In paragraph 38 (further provision about exercise of powers)—

(a) in sub-paragraph (1)—

(i) 20for “59(4) of the 1980” substitute “1(6) of the 1991”,

(ii) for “paragraphs 35 and 36(4)” substitute “paragraph 35”, and

(iii) for “59” substitute “1 of the 1991 Act”, and

(b) in sub-paragraph (2)—

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

(ii) 25for 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.”

160 In paragraph 39 (who may make application) for “, 31 or 36” substitute “or
3031”.

161 In paragraph 40(1) (application by child for revival of periodical payments
order) in the words before paragraph (a), for “a magistrates’ court”
substitute “the family court”.

162 Omit paragraphs 41 and 42 (variation by, and other powers of, a
35magistrates’ court).

163 (1) Paragraph 44 (orders for repayment in certain cases of sums paid after
cessation of order by reason of formation of subsequent civil partnership or
marriage) is amended as follows.

(2) In sub-paragraph (4) (court’s power to order repayment or partial
40repayment, or to dismiss application) for “the court” substitute “the family
court”.

(3) In sub-paragraph (6) (application may be made in enforcement proceedings,
or to county court)—

(a) after “may” insert “(but need not)”,

(b) 45omit “in the High Court or a county court”, and

(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) 5In sub-paragraph (8) (liability of court officers)—

(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
10of the family court”, and

(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) 15in paragraph (b)—

(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
20entitled to payments under it,”.

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
25court”, and

(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) 30In sub-paragraph (1A) (jurisdiction of magistrates’ courts where jurisdiction
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
35magistrates’ court” substitute “the family court”.

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
40“the court” includes certain county courts) for the words after “High Court”
substitute “or the family court”.

Childcare Act 2006 (c. 21)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 5In section 79 (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 79), and

(b) in subsection (5) (meaning of “the court”) for the words after “High
Court” substitute “or the family court”.

10Human Fertilisation and Embryology Act 2008 (c. 22)Human Fertilisation and Embryology Act 2008 (c. 22)

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,
15and

(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 20The Children and Families (Wales) Measure 2010 is amended as follows.

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
25order) for “the justice”, in both places, substitute “the court”.

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
30Court” substitute “or the family court”.

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.

Section 18

SCHEDULE 12 Judicial appointments

Part 1 Judges of the Supreme Court: number and selection

5Introductory

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.

(2) In subsection (2) (Supreme Court consists of 12 judges)—

(a) 10for “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
more than 12”.

(3) 15In 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”.

(5) After that subsection insert—

“(8) 20For 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.”