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Crime and Courts BillPage 170

(4) In subsection (2) (certified copy to be sent to court which is to register order)
after “High Court”, in the first place, insert “of Justice in Northern Ireland”.

(5) In subsection (3) (officer to register order) omit “appropriate”.

(6) In subsection (4)—

(a) 5for “the magistrates’” substitute “a”, and

(b) for “appropriate officer of the court” substitute “officer registering
it”.

(7) Omit subsection (5) (Northern Ireland: modification).

(8) In subsection (6) (meaning of “appropriate officer”) for the words from
10“means—” to the end substitute “, in relation to a magistrates’ court in
Northern Ireland, means the clerk of the court.”

42 In section 26(6)(a) (appropriate officer) for the words from “the designated”
to the end substitute “an officer of the family court”.

43 In section 27B (sending application to which section 27A applies to
15appropriate magistrates’ court)—

(a) in subsection (1) for the words from “designated” to the end
substitute “family court”,

(b) in subsection (2) (attempted service of respondent)—

(i) for “Subject to subsection (4) below, if” substitute “If”,

(ii) 20for “a magistrates’ court having jurisdiction to hear it”
substitute “the family court”,

(iii) for “designated officer for the” substitute “family”, and

(iv) for “he” substitute “the family court”,

(c) omit subsections (4) and (5) (sending on of application to another
25magistrates’ court), and

(d) in the title for “appropriate magistrates’” substitute “family”.

44 In section 27C (applications to which section 27A applies: general)—

(a) in subsection (1) for “a magistrates’” substitute “the family”,

(b) omit subsection (2) (disapplication of section 59 of Magistrates’
30Courts Act 1980),

(c) in subsection (3) (court to exercise one of its powers under subsection
(4) upon making order) for “shall” substitute “may”,

(d) in subsection (4) (available powers)—

(i) in each of paragraphs (a) and (b) for the words from “the
35designated” to “Wales” substitute “the court”, and

(ii) in paragraph (b) for “59(6) of the Magistrates’ Courts Act
1980” substitute “1(5) of the Maintenance Enforcement Act
1991”,

(e) in subsection (5) (deciding on exercise of powers)—

(i) 40for “which of the” substitute “whether to exercise any of its”,
and

(ii) omit “it is to exercise”,

(f) in subsection (6) (power to require account to be opened) for
“Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
45substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”, and

(g) in subsection (7) (registration)—

Crime and Courts BillPage 171

(i) omit “designated officer for the”, and

(ii) omit “in the court”.

45 In section 28 (applications by spouses under the Domestic Proceedings and
Magistrates’ Courts Act 1978)—

(a) 5in subsection (1) (orders court may make)—

(i) for “The magistrates’ court” substitute “On”, and

(ii) after “1978” insert”, the family court”, and

(b) in subsection (2) (modifications of 1978 Act)—

(i) in paragraph (a) for “to 27” substitute “, 26”, and

(ii) 10omit paragraph (b), but not the “and” following it.

46 In section 28A (applications by former spouses under the Domestic
Proceedings and Magistrates’ Courts Act 1978)—

(a) in subsection (2) (jurisdiction of magistrates’ court) for the words
from the beginning to “it” substitute “The family court shall have
15jurisdiction to hear the application”,

(b) in subsection (3) (court’s powers) for “magistrates’ court hearing the
application” substitute “family court”, and

(c) in subsection (6) (modifications of 1978 Act)—

(i) in paragraph (e) for “and 25 to 28” substitute “25, 26 and 28”,
20and

(ii) omit paragraph (f), but not the “and” following it.

47 Section 28B (certain orders under Schedule 11 to the Children Act 1989 do
not apply) is repealed.

48 (1) Section 32 (transfer of orders) is amended as follows.

(2) 25In subsection (2) (transfer to other magistrates’ court)—

(a) for “the appropriate officer”, in the first and second places, substitute
“the clerk”,

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

(c) 30for the words from “that part” to “court is” substitute “Northern
Ireland”, and

(d) for “the appropriate officer”, in the third place, substitute “that
clerk”.

(3) Omit subsection (2A) (meaning of “appropriate officer”).

(4) 35In subsection (8) in the definition of “the appropriate court”—

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

(a), and

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

(b) in relation to a person residing.

49 40In section 33 (enforcement of orders)—

(a) omit subsections (3) and (3A) (enforcement by magistrates’ courts in
England and Wales),

(b) in subsection (3B) (enforcement by courts of summary jurisdiction in
Northern Ireland) after “jurisdiction”, in the first place, insert “in
45Northern Ireland”, and

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(c) in subsection (4) (magistrates’ court to take prescribed steps) after
“court” insert “in Northern Ireland”.

50 In section 34 (variation and revocation of orders)—

(a) in subsection (1) (powers of registering court etc) omit “subsection
5(3A) below and”,

(b) in subsection (3) (officer to whom application to be sent) for the
words from “shall” to the end substitute shall—

(a) if the registering court is the family court, send the
application together with any documents
10accompanying it to that court,

(b) if the registering court is a magistrates’ court in
Northern Ireland, send the application together with
any documents accompanying it to the clerk of that
court., and

(c) 15omit subsection (3A) (modification of section 60 of Magistrates’
Courts Act 1980 in relation to registered orders).

51 (1) Section 34A (variation of orders by magistrates’ courts in England and
Wales) is amended as follows.

(2) In subsection (1) (application of certain provisions)—

(a) 20for “a magistrates’ court in England and Wales” substitute “the
family court”, and

(b) for paragraph (a) substitute—

(a) section 1(3A) of the Maintenance Enforcement Act
1991;.

(3) 25In subsection (2) (court may exercise one of powers under subsection (3)
upon varying order) for “a magistrates’ court in England and Wales”
substitute “the family court”.

(4) In subsection (3) (available powers)—

(a) in each of paragraphs (a) and (b) for the words from “the designated”
30to “Wales” substitute “the 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) Omit subsections (4) to (8) (variation by justices’ clerk).

(6) In subsection (9) (deciding on exercise of powers)—

(a) 35for “subsections (2) and (8)” substitute “subsection (2)”,

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

(c) omit “it is to exercise”, and

(d) after “debtor” insert “or the creditor”.

(7) In subsection (10) (power to require account to be opened) for “Subsection
40(4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection
(6) of section 1 of the Maintenance Enforcement Act 1991”.

(8) In subsection (11) (meaning of “creditor” and “debtor”) for “section 59 of the
Magistrates’ Courts Act 1980” substitute “section 1 of the Maintenance
Enforcement Act 1991”.

(9) 45In the title for “magistrates’ courts” substitute “the family court”.

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52 In section 35 (further provision relating to variation etc of orders by
magistrates’ courts in England and Wales)—

(a) in subsection (1) (powers exercisable notwithstanding that applicant
resides outside England and Wales) for “a magistrates’ court in
5England and Wales” substitute “the family court”,

(b) in subsection (2) (powers under section 34A not exercisable) omit “,
or of the clerk of the court,”,

(c) in subsection (3) (proceedings in absence of respondent) for “a
magistrates’ court in England and Wales” substitute “the family
10court”, and

(d) in the title for “magistrates’ courts” substitute “the family court”.

53 (1) Section 36 (admissibility of evidence given in convention country) is
amended as follows.

(2) Before subsection (1) insert—

(A1) 15A statement contained in a document mentioned in subsection (1)
shall—

(a) in any proceedings in the family court arising out of an
application to which section 27A(1) of this Act applies or an
application made by any person for the variation or
20revocation of a registered order, or

(b) in proceedings on appeal from proceedings within
paragraph (a),

be admissible as evidence of any fact stated to the same extent as oral
evidence of that fact is admissible in those proceedings.

(3) 25In subsection (1) (statements made in convention country to be
admissible)—

(a) for “A statement contained in—” substitute “The documents referred
to in subsections (A1) and (1A) are—”,

(b) omit the “or” following paragraph (a) and the “or” following
30paragraph (b),

(c) after paragraph (c) insert—

(1A) A statement contained in a document mentioned in
subsection (1),

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

(e) 35omit “an application to which section 27A(1) of this Act applies,”.

54 In section 38 (obtaining evidence at request of court in convention
country)—

(a) in subsection (4) (application of provisions of Magistrates’ Courts
Act 1980) for the words from “Section” to “1980” substitute “Articles
40118(1), (3) and (4), 119 and 120 of the Magistrates’ Courts (Northern
Ireland) Order 1981”,

(b) in subsection (4) after “a magistrates’ court” insert “in Northern
Ireland”, and

(c) omit subsection (6) (Northern Ireland: modifications).

55 45In section 38A(1) (rules of court) after “done by” insert “the family court or”.

56 In section 42 (provisional order to cease to have effect on remarriage) in
subsection (1) and in the title omit “magistrates’”.

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57 In section 47(3) (interpretation: jurisdiction of magistrates’ courts) for the
words from “construed—” to “in relation to”, in the second place, substitute
“construed in relation to”.

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

58 5The Matrimonial Causes Act 1973 is amended as follows.

59 In section 4(4)(a) (periods which may be treated for the purposes of section
1(2)(c) as periods during which the respondent has deserted the petitioner)
for “or a county court” substitute “, the family court or the county court”.

60 In section 32(1) (arrears more than 12 months old not to be enforced without
10court’s permission) for “any county court” substitute “the family court”.

61 (1) Section 33 (orders for repayment of sums paid under certain orders) is
amended as follows.

(2) In subsection (4) (application for repayment may be made in proceedings for
variation, discharge or enforcement of order, or to county court) for “a
15county court”, in each place, substitute “the family court”.

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

62 (1) Section 35 (alterations of maintenance agreements where both parties are
living) is amended as follows.

(2) 20In subsection (1) (application for alteration may be made to the court or a
magistrates’ court) omit “or to a magistrates’ court”.

(3) In subsection (2) (which refers to the court to which an application for an
alteration is made)—

(a) in the words before paragraph (a) omit “to which the application is
25made”,

(b) for “subsections (3),” substitute “subsections “, and

(c) for “that court”, in both places, substitute “the court”.

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

(5) 30In subsections (4) and (5) for “a court” substitute “the court”.

63 (1) Section 36 (alterations of maintenance agreements after death of one party)
is 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) 35In subsection (2) (court’s permission needed to make late application) omit
the words from “High” to “county”.

(4) Omit 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”.

64 (1) 40Section 38 (orders for repayment of periodical payments mistakenly made)
is amended as follows.

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(2) In 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
5proceedings, or to county court) for “a county court”, in each place,
substitute “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
10payments)—

(a) in 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) 15in paragraph (a)—

(i) for “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
20made to the court or an officer of the court,”.

(6) In 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,”.

65 (1) In section 52(1) (interpretation of the Act) for the definition of “the court”
25substitute—

(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
30Matrimonial Causes Act 1973.

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

66 (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) 35In 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)

67 The Domestic Proceedings and Magistrates’ Courts Act 1978 is amended as
40follows.

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

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

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

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

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

(a) 5in paragraph (a)—

(i) for “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)
10omit the words after “section 2, 6 or 7 of this Act”.

(4) In 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)
15for the words from “the magistrates’ court which made the order” to
“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).

72 20In section 20 (variation, revival and revocation of orders for periodical
payments) in each of subsections (1) to (3) and (5) for “a magistrates’ court”
substitute “the family court”.

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

(2) 25In subsections (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”.

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

(4) 30In 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
Enforcement Act 1991”, and

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

(5) 35Omit 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) omit “, or of a justices’ clerk,”, and

(b) for the words from “which” to the end substitute “unless, at the time
40when the order was made, the person required to make the
payments was ordinarily resident in England and Wales.”

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

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(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”.

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

76 5Omit section 23(2) (certain powers of a magistrates’ court do not apply to
orders under Part 1).

77 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”.

78 10Section 27 (refusal of order in case more suitable for High Court) is repealed.

79 (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
15effect)—

(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) 20In subsection (3)—

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

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

80 Section 29 (appeals) is repealed.

81 (1) Section 30 (provisions as to jurisdiction and procedure) is amended as
25follows.

(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
30Wales) for “a magistrates’ court” substitute “the family court”.

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

82 Section 31 (constitution of courts) is repealed.

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

(2) 35Omit subsection (1) (order under Part 1 to be enforced as a magistrates’ court
maintenance order).

(3) In 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) 40omit the words after “to that other person”.

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

84 (1) Section 35 (orders for repayment in certain cases of sums paid after cessation
5of order by reason of remarriage or formation of civil partnership) is
amended as follows.

(2) In 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
10dismiss application) for “The court” substitute “The family court”.

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

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

(b) 15omit “in the High Court or a county court”, and

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

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

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

(a) 20in the words before paragraph (a)—

(i) for “The designated officer for a magistrates’ court to whom
any 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) 25for “the first-mentioned order” substitute “an order made
under section 2(1)(a), 6 or 7 of this Act”,

(b) in paragraph (a)—

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

(ii) 30for “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
35places, substitute “order made under section 2(1)(a), 6 or 7 of this
Act”.

85 In section 88 (interpretation)—

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

(b) 40omit subsection (4) (powers of magistrates’ courts acting in a local
justice area).

Civil Jurisdiction and Judgments Act 1982 (c. 27)Civil Jurisdiction and Judgments Act 1982 (c. 27)

86 (1) The Civil Jurisdiction and Judgments Act is amended as follows.

(2) In the second sentence of section 5(1) (enforcement of maintenance orders
45under 1968 Convention) after “Article 32” insert “but, if the appropriate

Crime and Courts BillPage 179

court is a magistrates’ court in England and Wales, the Lord Chancellor is to
transmit the application to the family court”.

(3) In section 5(2) (determination of transmitted application) for “officer of that
court” substitute officer—

(a) 5of the family court if the application is transmitted to that
court, or

(b) in any other case, of the court having jurisdiction in the
matter.

(4) Omit section 5(5A) to (5C) (enforcement in magistrates’ courts in England
10and Wales).

(5) In section 5(7) omit “England and Wales or”.

(6) In section 5(8) omit paragraph (a) (including the “and” at the end).

(7) In the second sentence of section 5A(1) (enforcement of maintenance orders
under the Lugano Convention of 2007) after “Article 39” insert “but, if the
15appropriate court is a magistrates’ court in England and Wales, the Lord
Chancellor is to transmit the application to the family court”.

(8) In section 5A(2) (determination of transmitted application) for “officer of”
substitute officer—

(a) of the family court if the application is transmitted to that
20court, or

(b) in any other case, of.

(9) Omit section 5A(5) (enforcement in magistrates’ courts in England and
Wales).

(10) In section 5A(7) omit “England and Wales or”.

(11) 25In section 5A(9) omit paragraph (a) (including the “and” at the end).

(12) Omit sections 6(3)(a) and 6A(3)(a) (appeals in England and Wales).

(13) In section 7(4) (interest on arrears)—

(a) omit “England and Wales or”,

(b) omit “section 2A of the Maintenance Orders Act 1958 or”, and

(c) 30for “enable” substitute “enables”.

(14) In section 15(3) (jurisdiction of magistrates’ courts)—

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

(b) for “in the same local justice area (or, in Northern Ireland, for the
35same petty sessions district)” substitute “for the same petty sessions
district”.

(15) In section 36(1)(b) (registration of maintenance orders) for “county court
order, a magistrates’” substitute “family”.

(16) In section 48(3) (rules of court relating to maintenance orders)—

(a) 40in the words before paragraph (a) for “magistrates’ courts,”
substitute “the family court, the power to make rules of court for
magistrates’ courts in Northern Ireland,”,

(b) in paragraphs (a) and (g) after “purposes of” insert “the family court
or”, and

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