Crime and Courts Bill (HL Bill 49)

(a) a function of the family court or of a judge of the court, or

(b) a function specified in subsection (5);

and an assistant legal adviser when carrying out any such function is
not subject to the direction of any person other than a legal adviser.

(8) 5No action lies against a person in respect of anything done or not
done in carrying out functions of the family court or of a judge of the
court—

(a) in execution of the person’s duties as a legal adviser or
assistant legal adviser, and

(b) 10in relation to matters within the person’s jurisdiction.

(9) An action lies against a person in respect of anything done or not
done in carrying out functions of the family court or of a judge of the
court—

(a) in purported execution of the person’s duties as a legal
15adviser or assistant legal adviser, and

(b) in relation to a matter not within the person’s jurisdiction,

if, but only if, it is proved that the person acted in bad faith.

(10) If an action is brought in circumstances in which subsection (8) or (9)
provides that no action lies, the court in which the action is
20brought—

(a) may, on the application of the defendant, strike out the
proceedings in the action, and

(b) if it does so, may if it thinks fit order the person bringing the
action to pay costs.

(11) 25The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise functions of the Lord Chief Justice under this section.

31P Legal advisers and assistants: costs and indemnity

(1) A court may not order a person to pay costs in any proceedings in
30respect of anything done or not done in carrying out functions of the
family court, or of a judge of the family court, in execution (or
purported execution) of the person’s duties as a legal adviser or
assistant legal adviser.

(2) Subsection (1) does not apply in relation to any proceedings in which
35a person—

(a) is being tried for an offence or is appealing against a
conviction, or

(b) is proved to have acted in bad faith in respect of the matters
giving rise to the proceedings.

(3) 40A court which is prevented by subsection (1) from ordering a person
to pay costs in any proceedings may instead order the Lord
Chancellor to make a payment in respect of the costs of a person in
the proceedings.

(4) The Lord Chancellor may, after consulting the Lord Chief Justice,
45make regulations specifying—

(a) circumstances in which a court must or must not exercise the
power conferred on it by subsection (3), and

(b) how the amount of any payment ordered under subsection
(3) is to be determined.

(5) In the following provisions of this section “indemnifiable amounts”,
in relation to a person, means—

(a) 5costs which the person reasonably incurs in or in connection
with proceedings in respect of anything done or not done in
the execution (or purported execution) of the person’s duties
as a legal adviser or assistant legal adviser,

(b) costs which the person reasonably incurs in taking steps to
10dispute a claim which might be made in such proceedings,

(c) damages awarded against the person or costs ordered to be
paid by the person in such proceedings, or

(d) sums payable by the person in connection with a reasonable
settlement of such proceedings or such a claim.

(6) 15The Lord Chancellor must indemnify a person in respect of
indemnifiable amounts if, in respect of the matters giving rise to the
proceedings or claim, the person acted reasonably and in good faith.

(7) Subject to subsection (6), the Lord Chancellor may indemnify a
person in respect of indemnifiable amounts unless it is proved, in
20respect of the matters giving rise to the proceedings or claim, that the
person acted in bad faith.

(8) Any question whether, or to what extent, a person is to be
indemnified under subsections (6) and (7) is to be determined by the
Lord Chancellor who may in particular, at the request of a person
25claiming to be indemnified, make for this purpose determinations in
anticipation of a settlement and provisional determinations in
anticipation of costs being incurred.

(9) The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
30exercise functions of the Lord Chief Justice under this section.

31Q Orders, regulations and rules under Part 4A

(1) Any power of the Lord Chancellor to make an order, regulations or
rules under this Part—

(a) is exercisable by statutory instrument,

(b) 35includes power to make different provision for different
purposes, and

(c) includes power to make supplementary, incidental,
consequential, transitional, transitory or saving provision.

(2) The Lord Chancellor may not make regulations under section 31P(4)
40or the first rules under section 31O(4) unless a draft of the statutory
instrument containing the regulations or rules (whether alone or
with other provisions) has been laid before, and approved by a
resolution of, each House of Parliament.

(3) A statutory instrument that—

(a) 45contains an order, regulations or rules made under this Part
by the Lord Chancellor other than regulations under section
31M, and

(b) is not subject to any requirement that a draft of the
instrument be laid before, and approved by a resolution of,
each House of Parliament,

is subject to annulment in pursuance of a resolution of either House
5of Parliament.”

Part 2 The family court: further amendments

Debtors Act 1869 (c. 62)Debtors Act 1869 (c. 62)

2 (1) In proviso (1) to section 5 of the Debtors Act 1869—

(a) 10for the words from “any court other than” to “is to say,” substitute
“the county court—”, and

(b) omit paragraph (c).

(2) In that section—

(a) for “superior courts may” substitute “High Court or family court
15may”,

(b) for “by a superior court”, and for “by any superior court”, substitute
“by the High Court or family court”, and

(c) at the end insert—

“Section 31E(1)(b) of the Matrimonial and Family
20Proceedings Act 1984 (family court has county court’s
powers) does not apply in relation to the powers given by
this section to the county court.”

Maintenance Orders Act 1958 (c. 39)Maintenance Orders Act 1958 (c. 39)

3 The Maintenance Orders Act 1958 is amended as follows, but sections 2(1) to
25(5), 2A and 5(2) to (4) of that Act as applied by section 36(3) of the Civil
Jurisdiction and Judgments Act 1982 (re-registration in different Northern
Ireland court of orders made in England and Wales or Scotland and
registered in a Northern Ireland court) have effect without the amendments
made in them by this Schedule.

4 (1) 30Section 1 (application of Part 1) is amended as follows.

(2) In subsection (1) (purpose of Part 1) for the words from “to be registered” to
the end substitute “to be registered in the family court and, subject to those
provisions, while so registered to be enforced in like manner as an order
made by the family court.”

(3) 35In subsection (2) (registered orders deemed to be made by court in which
registered) for each of “England” and “the court in England in which it is so
registered” substitute “the High Court”.

(4) In subsection (2A) (orders to which Part applies)—

(a) in paragraph (a) omit “or a county court or a magistrates’ court”, and

(b) 40in paragraph (b) for “England” substitute “the High Court”.

(5) In subsection (3) for the definition of “High Court order”, “county court
order” and “magistrates’ court order” substitute—

• ““High Court order” means an order made by the High Court;”.

(6) Omit subsections (4) to (6) (registration in magistrates’ courts).

5 (1) Section 2 (registration of orders) is amended as follows.

(2) In subsection (1) for “or county court order may apply for registration of the
order to the original court, and the court” substitute “order may apply to the
5High Court for registration of the order in the family court, and the High
Court”.

(3) In subsection (2) (original court to send certified copy of order if satisfied no
enforcement steps being taken)—

(a) for “original court”, in both places, substitute “High Court”, and

(b) 10in paragraph (b) for the words from “sent” to “appears to be”
substitute “sent to the family court”.

(4) Omit subsections (3) to (4) and (6) (registration of a magistrates’ court order).

(5) In subsection (5) (order to be registered on receipt of certified copy)—

(a) for “The officer of, or for, a court” substitute “An officer of the family
15court”, and

(b) for “him” substitute “the court”.

(6) In subsection (6ZA) (registration of High Court or county court order)—

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

(i) omit “or county court”, and

(ii) 20for “a magistrates’” substitute “the family”, and

(b) omit paragraph (b) and the word “and” preceding it.

(7) Omit subsection (6ZB) (variation or revocation of orders registered in a
magistrates’ court).

(8) In subsection (6ZC)—

(a) 25omit “or any order under subsection (6ZA)(b) of this section”, and

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

(9) In subsection (6A) omit the definition of “magistrates’ court order” and the
“and” preceding the definition.

6 30In section 2A (interest on registered orders)—

(a) omit subsections (1) to (4) (magistrates’ court orders),

(b) in subsection (5) (registered orders do not carry interest) omit
“Except as provided by this section”, and

(c) for the title substitute “No interest on sums recoverable under
35registered orders”.

7 In section 3 (enforcement of registered orders) omit subsections (2) to (2B)
and (3A) (orders registered in magistrates’ courts).

8 Omit section 4 (variation etc of orders registered in a magistrates’ court).

9 (1) Section 4A (variation etc of orders registered in High Court) is amended as
40follows.

(2) Omit subsection (1) (orders to which section applies).

(3) In subsection (2), and in the title, for “High Court”, in each place, substitute
“family court”.

(4) In subsection (2) omit paragraph (a) (including the “and” at the end).

10 (1) Section 5 (cancellation of registration) is amended as follows.

(2) In subsection (2) for “a magistrates’ court” substitute “the family court”.

(3) Omit subsection (3) (orders registered in High Court).

(4) 5In subsection (4)(c)(ii) for “a magistrates’ court”, in both places, substitute
“the family court”.

(5) In subsection (5)—

(a) in the words before paragraph (a), and in the words after paragraph
(b), omit “or county court”, and

(b) 10for paragraphs (a) and (b) substitute—

“(a) any order which requires payments under the order
in question to be made by any method of payment
falling within section 1(5) of the Maintenance
Enforcement Act 1991 (standing order, etc), other
15than an order which requires payments to be made to
the family court or an officer of that court, is to
continue to have effect, and

(b) any order which requires payments under the order
in question to be made to the family court or an officer
20of that court (whether or not by any method of
payment falling within section 1(5) of the
Maintenance Enforcement Act 1991) is to cease to
have effect;”.

(6) Omit subsection (6) (registration of a magistrates’ court order).

(7) 25In subsection (7)—

(a) for “subsections (5) and (6)” substitute “subsection (5)”, and

(b) omit “and “magistrates’ court order””.

11 Section 18 (powers of magistrates to review committals etc) is repealed.

12 (1) Section 20 (registration, variation and arrears) is amended as follows.

(2) 30Omit subsections (1) and (2) (magistrates’ courts: applications for
registration, revocation or variation of maintenance orders).

(3) In subsection (8) (repeated complaints to enforce payment)—

(a) for “a complaint” substitute “an application”, and

(b) for “complaint”, in the second and third places, substitute
35“application”.

(4) For the title substitute “Repeat applications to enforce payment of
maintenance arrears”.

13 In section 21(1) omit the definition of “magistrates’ court”.

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

14 40In paragraph 4(1) of Schedule 1 to the Public Records Act 1958 (records
which are public records) after paragraph (a) insert—

“(aa) records of the family court;”.

Administration of Justice Act 1960 (c. 65)Administration of Justice Act 1960 (c. 65)

15 (1) Section 13 of the Administration of Justice Act 1970 (appeals in cases of
contempt of court) is amended as follows.

(2) After subsection (2) insert—

“(2A) 5Paragraphs (a) to (c) of subsection (2) of this section do not apply in
relation to appeals under this section from an order or decision of the
family court, but (subject to any provision made under section 56 of
the Access of Justice Act 1999 or by or under any other enactment)
such an appeal shall lie to the Court of Appeal.”

(3) 10In subsection (5)(a) (orders and decisions of High Court etc to which section
applies) after “High Court,” insert “the family court,”.

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

16 In section 1(4) of the Domestic and Appellate Proceedings (Restriction of
Publicity) Act 1968 (courts to which section applies) after “the Crown Court”
15insert “, the family court”.

Civil Evidence Act 1968 (c. 64)Civil Evidence Act 1968 (c. 64)

17 In section 12(5) of the Civil Evidence Act 1968 in the definition of
“matrimonial proceedings” for “a county” substitute “family”.

Administration of Justice Act 1970 (c. 31)Administration of Justice Act 1970 (c. 31)

18 (1) 20In section 11 of the Administration of Justice Act 1970 (restriction on powers
of committal under section 5 of the Debtors Act 1869)—

(a) omit the “and” at the end of paragraph (a),

(b) in paragraph (b) for the words from “in respect” to “judgment”
substitute “in respect of a judgment”, and

(c) 25after paragraph (b) insert “; and

(c) by the family court in respect of a High Court or
family court maintenance order.”

(2) In section 28 of that Act (interpretation)—

(a) for “, “county court maintenance order”” substitute “and “family
30court maintenance order””, and

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

Courts Act 1971 (c. 23)Courts Act 1971 (c. 23)

19 Omit section 52(3A) of the Courts Act 1971 (subsection (3) does not apply to
family proceedings in a magistrates’ court).

35Attachment of Earnings Act 1971 (c. 32)Attachment of Earnings Act 1971 (c. 32)

20 The Attachment of Earnings Act 1971 is amended as follows.

21 (1) Section 1 (courts with power to attach earnings) is amended as follows.

(2) After subsection (1) insert—

“(1A) The family court may make an attachment of earnings order to
secure payments under a High Court or family court maintenance
order.”

(3) 5In subsection (2) (county court) omit paragraph (a) (maintenance orders).

(4) In subsection (3) (magistrates’ courts) omit paragraph (a) (maintenance
orders).

22 In section 2(b) (meaning of “High Court maintenance order” etc)—

(a) for “, “county court maintenance order” and “magistrates’ court”
10substitute “and “family court”, and

(b) for “, a county court and a magistrates’ court;” substitute “and the
family court;”.

23 (1) Section 3 (application for order and conditions of court’s power to make it)
is amended as follows.

(2) 15In subsection (1)(a) (payee may apply) after “through” insert “any court or”.

(3) In subsection (1) (applicants) for paragraph (c) substitute—

“(c) without prejudice to paragraph (a) above, an officer of the
family court if the application is to the family court for an
order to secure maintenance payments and there is in force
20an order that those payments be made to the court or an
officer of the court;”.

(4) In subsections (1)(d)(ii) and (4)(a) (maintenance payments) for the words
between “or” and “for” substitute “the family court”.

(5) In subsection (4)—

(a) 25omit paragraph (b) and the “or” preceding it, and

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

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

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

(b) after paragraph (a) insert—

“(aa) 30in the case of an order made by the family court, the
appropriate officer of that court;”.

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

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

(a) 35in subsection (2) for “a county” substitute “the family”, and

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

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

28 40In 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
authority is the family court.”

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

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

(2) In subsection (1)—

(a) 5for 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
10court 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).

31 (1) Section 20 (persons residing outside England and Wales) is amended as
15follows.

(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) 20In subsections (2) to (4) for “complaint”, in each place, substitute
“application”.

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

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

(a) in subsection (1) omit “(but subject to section 18(2)(b) of this Act)”,
25and

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

33 In section 23 (enforcement) after subsection (10) insert—

“(10A) This section applies in relation to the family court as it applies in
30relation 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.”

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

34 In section 48(2) (nullity proceedings to be in private unless judge otherwise
35directs) for “judge” substitute “court”.

Litigants in Person (Costs and Expenses) Act 1975 (c. 47)Litigants in Person (Costs and Expenses) Act 1975 (c. 47)

35 In paragraph (a) of the second sentence in section 1(1) of the Litigants in
Person (Costs and Expenses) Act 1975 before “in the Senior” insert “in the
family court,”.

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

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

(2) In section 15(1) (restriction imposed in divorce proceedings etc on
5application 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) In section 15ZA(2) (restriction imposed in proceedings for the dissolution etc
of a civil partnership on application under the 1975 Act: meaning of “the
10court”) 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
and Family Proceedings Act 1984 on application under the 1975 Act:
meaning of “the court”) for the words from “, where a county court has
15jurisdiction” 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
“the court”) for the words from “, where a county court has jurisdiction” to
the end substitute “the family court”.

20Torts (Interference with Goods) Act 1977 (c. 32)Torts (Interference with Goods) Act 1977 (c. 32)

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

“(6) Subsections (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
25Wales, 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.”

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

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

(2) 30In 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
county” substitute “the family”.

(4) 35In 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
“none of paragraphs (a), (b) and (ba)”.

40Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

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

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

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

(2) 5In 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) for “that subsection” substitute “subsection (3) below”.

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

(4) 10In subsection (3) omit paragraphs (c) to (d).

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

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

(3) 15In subsection (7) (interpretation)—

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

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

(ii) omit paragraph (c) and the “and” preceding it,

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

(c) 20omit the words after that definition.

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

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

(a) omit subsections (3) to (10B) (which relate to maintenance orders),
25and

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

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

46 (1) 30Section 62 (payments required to be made to a child) is amended as follows.

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

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

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

47 In section 64 (costs)—

(a) 35omit subsections (1A), (4) and (4A),

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

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

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

49 40Omit—

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