Crime and Courts Bill (HL Bill 49)

Crime and Courts BillPage 150

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

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

50 (1) 5Section 111A (appeals on ground of error of law etc in family proceedings in
a magistrates’ court) is amended as follows.

(2) In 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
10family”.

(4) In subsection (3)(a) (other rights to appeal exclude right under subsection
(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”.

51 15In section 112(2) (decisions on appeals under section 111A) for “a county”
substitute “the family” in both places.

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

52 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
20its application to Northern Ireland has effect as set out in Schedule 4 to that
Act) before subsection (5) insert—

(4B) The 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)
25of the Matrimonial and Family Proceedings Act 1984 (family
court has High Court’s powers) in relation to the powers of
the 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
30powers) does not apply in relation to the powers of the
county court that are limited or conferred by those provisions
of this section.

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

53 The Senior Courts Act 1981 is amended as follows.

54 35In 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
relation to the High Court.

55 In section 34 (powers of High Court to order disclosure or inspection of
40documents 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.

Crime and Courts BillPage 151

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

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

(6) 5This section applies in relation to the family court as it applies in
relation to the High Court.

58 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
10family court”, and

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

59 In section 42(1)(a) and (b) (engaging in vexatious civil proceedings is ground
for High Court making order under the section) after “High Court” insert “or
the family court”.

60 (1) 15Section 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) In subsection (8)(b) (proceedings commenced in High Court that should
20have been commenced in county court) before “in accordance” insert “or
family court”.

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

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

62 25In 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)

63 The County Courts Act 1984 is amended as follows.

64 30In 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”.

65 (1) In section 38(3) (county court does not have power to make certain orders)
for “A county court shall not have” substitute “Neither the county court nor
35the family court has”.

(2) In section 38(4) (regulations about orders which court may not make) after
paragraph (d) insert ; and

(e) may make different provision for different purposes.

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

Crime and Courts BillPage 152

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

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

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

(3A) 5Subsections (1) to (3) apply in relation to the family court as they
apply in relation to the county court.

69 In 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
10the family court as they apply in relation to the county court.

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

71 In section 132 (payments of expenses etc)—

(a) in paragraph (b) (costs of books etc) after “offices” insert “, and the
15family court and its offices,”,

(b) in paragraph (c) (costs of transport to prison) after “committed by”
insert “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
20of the family court or”.

Administration of Justice Act 1985 (c. 61)Administration of Justice Act 1985 (c. 61)

72 In section 53(2) of the Administration of Justice Act 1985 (costs where judge
unable to act) before the “and” at the end of paragraph (b) insert—

(ba) proceedings in the family court;.

25Insolvency Act 1986 (c. 45)Insolvency Act 1986 (c. 45)

73 In section 281(8) of the Insolvency Act 1986 (discharge does not release
bankrupt from bankruptcy debt arising under order made in family
proceedings), in the definition of “family proceedings”, for paragraph (a)
(but not the “and” following it) substitute—

(a) 30proceedings in the family court;.

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

74 In 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
35proceedings in magistrates’ courts), and

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

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

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

(2) 40In section 1(1) (allocation of business between High Court and county
court)—

Crime and Courts BillPage 153

(a) in 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) 5in 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
only in the family court,, and

(e) 10after 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
paragraph (c) insert—

(ca) 15any 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) the jurisdiction, practice or procedure of the family
20court,.

(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) Omit sections 9 and 10 (allocation of family proceedings in county court and
25rules 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
in relation to the county court., and

(b) 30in the title after “county court” insert “and family court”.

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

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

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

(3) 35After 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
motion or on an application made under this subsection by an
40interested party.

(4) After subsection (3) insert—

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

Crime and Courts BillPage 154

(a) on 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,

5exercise 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) the power to order that payments under the qualifying
10periodical 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
the court, or an officer of the court, are to be so made by such
15method 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
accordance with arrangements for their collection made by
20the 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
Lord Chancellor.

(7) 25In 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) after “(4)(a)” insert “or (4A)”.

(9) 30After 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
that section, arranging for the collection of payments under the
35qualifying 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
statutory instrument containing regulations under subsection (5)(c)
40is 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”.

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

77 45The Access to Justice Act 1999 is amended as follows.

Crime and Courts BillPage 155

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

(aa) the family court,.

79 In section 55(1) (limitations on right to appeal to Court of Appeal against a
5decision made on an appeal) before “or the High Court” insert “, the family
court”.

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

(aa) the family court,.

81 10In 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) after paragraph (b) insert or

(c) the President of the Family Division where it is the
15family court from which or to which the appeal is
made, or from which permission to appeal is
sought,.

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

82 The Courts Act 2003 is amended as follows.

83 20In 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) the family court, and.

84 In section 18(5)(a) (presiding at sittings of justices) omit “or family
25proceedings court”.

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

86 (1) 30Section 28 (functions of justices’ clerks and assistant clerks) is amended as
follows.

(2) After subsection (5) insert—

(5A) For the purposes of subsections (1) to (5) the functions of justices of
the peace do not include functions as a judge of the family court.

(3) 35Omit subsection (9)(b) (requirement to consult Family Procedure Rule
Committee) but not the “and” following it.

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

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

(a) 40in subsection (1), paragraph (b) and the “and” preceding it, and

(b) subsection (4).

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

Crime and Courts BillPage 156

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

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

(3) Family proceedings” means—

(a) 5proceedings 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
Schedule 1 to) the Senior Courts Act 1981, to that Division of
the High Court and no other.

(4) 10In subsection (4) (differential provision) before “different areas” insert
“different cases or”.

90 (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) 15after the “and” at the end of paragraph (a) insert—

(aa) provide, 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
20officers or other staff of the court. and

(b) omit paragraph (b).

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

91 (1) Section 77(2) (membership of Family Rule Procedure Committee) is
25amended as follows.

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

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

92 (1) Section 81 (practice directions relating to family proceedings) is amended as
30follows.

(2) In 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) 35for 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) the 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) 40the family court.

(3) In 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)”.

Crime and Courts BillPage 157

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

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

93 In section 92(1) (power to prescribe fees for things dealt with by certain
5courts) after paragraph (a) insert—

(aa) the family court,.

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

94 The Constitutional Reform Act 2005 is amended as follows.

95 In section 7(4) (courts of which Lord Chief Justice is president) after the entry
10for the Crown Court insert—

  • the family court.

Legal Services Act 2007 (c. 29)Legal Services Act 2007 (c. 29)

96 (1) For paragraph 1(7)(c) of Schedule 3 to the Legal Services Act 2007 (rights of
audience in chambers of exempt persons) substitute—

(c) 15the proceedings are not reserved family proceedings and
are being heard in chambers—

(i) in the High Court or county court, or

(ii) in the family court by a judge who is not, or by two
or more judges at least one of whom is not, within
20section 31C(1)(y) of the Matrimonial and Family
Proceedings Act 1984 (lay justices).

(2) In paragraph 1(10) of that Schedule in the definition of “family proceedings”
after “also includes” insert “any proceedings in the family court and”.

Part 3 25Repeals and revocations in consequence of Parts 1 and 2 of this Schedule

97 The 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)
30In Schedule 3, paragraphs 3 and 4(a).
Magistrates’ Courts Act 1980
(c. 43)
Section 53(4).
Section 54(3) and (4).
Section 55(9).
In section 56 the words from the beginning to
35“any magistrates’ court,”.
In section 57 the words from the beginning to
“any magistrates’ court,”.
Section 57A(3).

Crime and Courts BillPage 158

Reference Extent of repeal or revocation
Magistrates’ Courts Act 1980
(c. 43)—cont.

In section 64—

(a)

subsection (1A),

(b)

5in subsection (2) the words “or (4A)”,

(c)

in subsection (3) the words “Subject to
subsection (4) below,”, and

(d)

subsections (4) and (4A).



10
In section 97(1)(a) and (2) the words “or of an
application in family proceedings”.
Section 111(7).
Section 121(8).
15Section 144(1)(b).
Section 145(1)(ga).
In section 150(1), the definitions of “Family
Procedure Rules”, “family proceedings”,
“magistrates’ court maintenance order” and
20“maintenance order”.
In Schedule 7, paragraphs 23 and 24.
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.
25In Schedule 1, paragraphs 4 and 5.
Family Law Reform Act 1987
(c. 42)
In 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)
30Sections 7 and 8.
In Schedule 1, paragraphs 8 and 9.
In Schedule 2, paragraphs 6 to 8 and 11(1).
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
3594A of the Magistrates’ Courts Act 1980.

Maintenance Orders
(Backdating) Order 1993
(S.I. 1993/623)
Article 3 and Schedule 2.

40
Child Support Act 1991
(Consequential
Amendments) Order 1994
(S.I. 1994/731)
Article 3.


Family Law Act 1996 (c. 27) 45In Schedule 8, paragraph 49.
Family Law Act 1996
(Modifications of
Enactments) Order 1997
(S.I. 1997/1898)
Article 2.


Crime and Disorder Act 1998
(c. 37)
50In Schedule 8, paragraph 42.

Crime and Courts BillPage 159

Reference Extent of repeal or revocation
Access to Justice Act 1999 (c. 22) In Schedule 10, paragraphs 22, 33 and 34.
In 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)
5In Schedule 3, paragraphs 5, 11 and 12(b) and
(c).
Adoption and Children Act
2002 (c. 38)
In Schedule 3, paragraphs 37, 38 and 39(b)(i).
Courts Act 2003 (c. 39) Section 26(4).
10Section 49(1).
In Schedule 8, paragraphs 98 to 103, 143, 208(3),
210, 211(3) and (4), 214 to 217, 228, 229 and
349.
Civil Partnership Act 2004
(c. 33)
In Schedule 27, paragraphs 22, 64 and 65.
Constitutional Reform Act 2005
(c. 4)
15In 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.



20
Childcare Act 2006 (c. 21) In Schedule 2, paragraph 2.
Legal Services Act 2007 (c. 29) In Schedule 21, paragraph 144(2)(b).
Civil Jurisdiction and
Judgments Regulations 2007
(S.I. 2007/1655)
In the Schedule, paragraph 9.
25
Human Fertilisation and
Embryology Act 2008 (c. 22)
In 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)
30In the Schedule, paragraph 1.




35
Family Procedure (Modification
of Enactments) Order 2011
(S.I. 2011/1045)
Articles 3, 5, 6(b), 7, 10(b) and (d) and 11 to 14.

Crime and Courts BillPage 160

Reference Extent of repeal or revocation
Civil Jurisdiction and
Judgments (Maintenance)
(Rules of Court) Regulations
2011 (S.I. 2011/1215)
Regulation 2.


5
Civil Jurisdiction and
Judgments (Maintenance)
Regulations 2011 (S.I. 2011/
1484)
In Schedule 7, paragraphs 2(4) and 9(2).


Crime and Courts BillPage 161

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”.

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
20coming 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
25the 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.

Crime and Courts BillPage 162

(2) In 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
5request of court in a part of Her Majesty’s dominions outside the United
Kingdom)—

(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
10summary jurisdiction to vary or revoke order, provided certain
requirements 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
15Wales).

7 (1) Section 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) 20after “confirmed by” insert “the family court or by”,

(b) omit “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) 25after “court of summary jurisdiction”, in the second place, insert “in
Northern 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) 30for “a magistrates’” substitute “the family”, and

(b) for “shall” substitute “may”.

(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
35court”, 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 (5C) (deciding on exercise of powers)—

(a) for “which of the” substitute “whether to exercise any of its”, and

(b) 40omit “it is to exercise”.

(6) In 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),”.

Crime and Courts BillPage 163

(8) Omit subsection (6A) (modifications of section 60 of the Magistrates’ Courts
Act 1980).

8 (1) Section 4A (variation and revocation of maintenance orders) is amended as
follows.

(2) 5In subsection (2) (jurisdiction of magistrates’ court where respondent
resides in a part of Her Majesty’s dominions outside the United Kingdom to
which 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
10paragraph (a) for “a magistrates’ court in England and Wales” substitute
“the family court”.

(4) In 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) 15Section 6 (mode of enforcing orders) is amended as follows.

(2) In subsection (1) (enforcement steps to be taken by court of summary
jurisdiction) omit “of summary jurisdiction”.

(3) For subsection (2) substitute—

(2) Every such order registered in or confirmed by the family court is
20enforceable as if it were an order made by the family court and as if
that court had had jurisdiction to make it.

(4) In 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 25In section 9 (use of depositions taken outside United Kingdom) after “courts
of summary jurisdiction” insert “, or the family court,”.

11 In 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”.

30Marriage 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) for the words from “, the county court of the district” to the second
35“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
family court”.

14 (1) 40Section 27B (provisions relating to section 1(3) marriages) is amended as
follows.

Crime and Courts BillPage 164

(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
subsection (5)) omit “from the High Court”.

(3) In subsection (5) (application to High Court for declaration) after “High
5Court” 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 In section 4(1) (court of summary jurisdiction in England has jurisdiction in
proceedings for the recovery of sums under certain provisions against
10person residing in Scotland or Northern Ireland) for “A court of summary
jurisdiction in England” substitute “The family court”.

17 (1) In section 15(2) and (3) (service of process: endorsement by, and declarations
before, justices of the peace etc) for “justice of the peace” substitute “judge of
the family court”.

(2) 15In Schedule 2 (forms)—

(a) in the form numbered 1 (endorsement of summons) for “justice of the
peace” substitute “judge of the family court”, and

(b) in the form numbered 2 (declaration as to service) for “Justice of the
Peace” substitute “judge of the family court”.

18 (1) 20Section 17 (procedure for registration of maintenance orders) is amended as
follows.

(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) 25In subsection (3)(b) (court to whose officer certified copy of maintenance
order 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
30Ireland, a court of summary jurisdiction acting for the
place 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) 35In subsection (6) (court officer may apply, on behalf of person entitled to
maintenance 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”.

19 (1) 40Section 18 (enforcement of registered orders) is amended as follows.

(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) 45omit “section 2A of the said Act of 1958 or”.

Crime and Courts BillPage 165

(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) 5In subsection (2B) (meaning of “proper officer”) omit paragraph (a)
(including the “and” at the end).

20 (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) 10for “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) 15“, 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”.

21 In section 20(1)(a) (certificates as to arrears under registered maintenance
20orders)—

(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)”.

22 (1) Section 22 (discharge and variation of maintenance orders registered in
25summary 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
30registered 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”
35substitute “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 the” substitute “whether to exercise any of its”, and

(b) 40omit “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”.

Crime and Courts BillPage 166

(7) Omit 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
5family court, a court of summary jurisdiction in Northern Ireland or a”.

(9) In subsection (5) (evidence) for “a court of summary jurisdiction or”
substitute “the family court, a court of summary jurisdiction in Northern
Ireland or a”.

23 (1) Section 24 (cancellation of registration) is amended as follows.

(2) 10In subsection (2) (notice by appropriate authority where defendant ceases to
reside 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’
15court in England and Wales)—

(a) in 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) 20for “the designated officer for a magistrates’ court in England
and 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”.

24 25In section 25(3) (rules as to procedure of courts of summary jurisdiction) for
“a court of summary jurisdiction in England or Northern Ireland” substitute
“the family court or a court of summary jurisdiction in Northern Ireland”.

25 In section 28(1) (interpretation) in the definition of “collecting officer” omit
“in relation to a court of summary jurisdiction in England, means the
30designated officer for the court, and”.

Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)

26 (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
35interest) is amended as follows.

(2) In 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”.

(3) In subsection (2) (extension of the judge’s power to make orders under
40section 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)

27 In 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

Crime and Courts BillPage 167

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”.

Matrimonial Proceedings and Property Act 1970 (c. 45)Matrimonial Proceedings and Property Act 1970 (c. 45)

28 (1) 5The 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) In section 39 (extension of section 17 of the Married Women’s Property Act
101882 to certain cases where marriage dissolved or annulled) for “a county
court” substitute “the family court”.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

29 The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as
follows.

30 (1) 15Section 3 (magistrates’ court may make provisional maintenance order
against person residing in reciprocating country) is amended as follows.

(2) In subsection (1) for “a magistrates’ court” substitute “the family court”.

(3) In subsection (4) (application not to be transferred etc)—

(a) before paragraph (a) insert—

(za) 20a court to transfer proceedings from the family court
to the High Court,, and

(b) in paragraphs (a) and (b) after “magistrates’ court” insert “in
Northern Ireland”, and

(c) in those paragraphs after “High Court” insert “of Justice in Northern
25Ireland”.

(4) In subsection (6) (effect of order being confirmed) omit “magistrates’”.

(5) Omit subsection (7)(b) (Northern Ireland: application of subsection (4)).

(6) In the title omit “magistrates’”.

31 In section 4(6) (Scotland: application of section 3(5) and (6)) after “for
30references to” insert “a court that are references to the family court or”.

32 Omit section 5(3A) (modification of section 60 of Magistrates’ Courts Act
1980 in relation to maintenance orders to which section 5 applies).