Crime and Courts Bill (HL Bill 49)

33 In section 7 (confirmation of order made in reciprocating country)—

(a) in subsection (5A) (court to exercise one of its powers under
35subsection (5B) upon confirming order)—

(i) for “a magistrates’ court in England and Wales” substitute
“the family court”, and

(ii) for “shall” substitute “may”,

(b) in subsection (5B) (available powers)—

(i) 40in each of paragraphs (a) and (b) for the words from “the
designated” to “Wales” substitute “the court”,

Crime and Courts BillPage 168

(ii) in paragraph (b) for “59(6) of the Magistrates’ Courts Act
1980” substitute “1(5) of the Maintenance Enforcement Act

(c) in subsection (5C) (deciding on exercise of powers)—

(i) 5for “which of the” substitute “whether to exercise any of its”,

(ii) omit “it is to exercise”, and

(d) in subsection (5D) (power to require account to be opened) for
“Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
10substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”.

34 In section 8 (enforcement of registered maintenance orders)—

(a) in subsection (3) (offence of not giving notice of change of address to
appropriate officer)—

(i) 15for “a registered order” substitute “an order registered in a
court in Northern Ireland”, and

(ii) for “appropriate officer of the registering” substitute “clerk of

(b) omit subsection (3A) (meaning of “appropriate officer”),

(c) 20omit subsections (4) to (4B) (enforcement by magistrates’ courts in
England and Wales), and

(d) in subsection (5) (magistrates’ court to take prescribed steps) for
“The magistrates’ court” substitute “A magistrates’ court in
Northern Ireland”.

35 25Omit section 9(1ZA) (modification of section 60 of Magistrates’ Courts Act
1980 in relation to registered order).

36 In section 10(3) (transfer to other magistrates’ court)—

(a) after “magistrates’ court”, in the first place, insert “in Northern
Ireland”, and

(b) 30for the words from “that part” to “court is” substitute “Northern

37 (1) In section 14(3) (compelling attendance of witnesses etc)—

(a) for the words from “Section” to “1980” substitute “Articles 118(1), (3)
and (4), 119 and 120 of the Magistrates’ Courts (Northern Ireland)
35Order 1981”, and

(b) after “a magistrates’ court” insert “in Northern Ireland”.

(2) Omit section 14(6) (Northern Ireland: modifications).

38 In section 17 (proceedings in magistrates’ courts)—

(a) in subsection (4) (courts in same area have same jurisdiction)—

(i) 40after “magistrates’ court”, in the first place, insert “in
Northern Ireland”,

(ii) omit the words from “acting”, in the first place, to “Northern
Ireland,”, and

(iii) for “district)” substitute “district”,

(b) 45in subsection (5A) (jurisdiction where respondent resides in
reciprocating country) for “a magistrates’ court in England and
Wales”, in both places, and for “such a court”, substitute “the family
court”, and

Crime and Courts BillPage 169

(c) in subsection (7) (proceedings in absence of respondent) for “a
magistrates’ court”, in both places, substitute “the family court in
England and Wales or a magistrates’ court in Northern Ireland”.

39 (1) Section 18 (magistrates’ courts rules) is amended as follows.

(2) 5Before subsection (1) insert—

(A1) Rules of court may make provision with respect to the matters that
would be mentioned in any of paragraphs (b), (c), (e) and (f) of
subsection (1) if references in those paragraphs to a magistrates’
court, or to magistrates’ courts, were references to the family court.

(3) 10In subsection (1) (provision which may be made in rules of court)—

(a) for the words before paragraph (a) substitute “The matters referred
to in subsections (A1) and (2) are—”, and

(b) in paragraph (a) for “local justice area”, in both places, substitute
“petty sessions district”.

(4) 15In subsection (1A) (further provision about rules of court in relation to
England and Wales) for “(1)” substitute “(A1)”.

(5) For the title substitute “Rules of court”.

40 In section 21(1) in the definition of “the appropriate court”—

(a) after ““the appropriate court”” insert , and

(b) for “Wales or” substitute Wales means the family court; and

(b) in relation to a person residing or having assets.

41 (1) Section 23 (orders registered in High Court under Maintenance Orders
(Facilities for Enforcement) Act 1920) is amended as follows.

(2) 25In subsection (1) (orders registered at time when 1920 Act ceases to apply)—

(a) after “High Court”, in the first place, insert “or the High Court of
Justice in Northern Ireland”,

(b) for “the High Court”, in the second place, substitute “subsection (1A)
applies in relation to the order.

(1A) 30Where the order was at that time registered in the High
Court, that court may, on an application by the payer or the
payee under the order or of its own motion, transfer the order
to the family court, with a view to the order being registered
in the family court under this Part of this Act; and where the
35order was at that time registered in the High Court of Justice
in Northern Ireland, that court,

(c) after “magistrates’ court” insert “in Northern Ireland”, and

(d) after “registered in that” insert “magistrates’”.

(3) Before subsection (2) insert—

(1B) 40Where the High Court transfers an order to the family court under
this section it shall—

(a) cause a certified copy of the order to be sent to an officer of
the family court, and

(b) cancel the registration of the order in the High Court.