Crime and Courts Bill (HL Bill 49)

(c) in paragraphs (f) and (h) after “which” insert “the family court or”.

(17) In section 50 (interpretation) in the definition of “court of law”—

(a) after paragraph (a) insert—

“(aa) in England and Wales, the Court of Appeal, the High
5Court, the Crown Court, the family court, the county
court and a magistrates’ court,”, and

(b) in paragraph (b) omit “England and Wales or”.

Matrimonial and Family Proceedings Act 1984 (c. 42)Matrimonial and Family Proceedings Act 1984 (c. 42)

87 The Matrimonial and Family Proceedings Act 1984 is amended as follows.

88 10In section 27 (interpretation of Part 3: financial relief in England and Wales
after overseas divorce etc) in the definition of “the court” for the words after
“High Court or” substitute “the family court”.

89 In section 32 (meaning of “family business” etc) omit the definitions of “civil
partnership cause” and “the 1973 Act”.

90 15Sections 33 to 36D (jurisdiction of county court in matrimonial causes and
civil partnership causes) are repealed.

91 In section 37 (directions as to distribution and transfer of family business
and proceedings between the High Court and county court) for “county
courts” substitute “the family court”.

92 (1) 20Section 38 (transfer of family proceedings from High Court to county court)
is amended as follows.

(2) In subsection (1) (High Court’s power to transfer proceedings) for “a county
court” substitute “the family court.”

(3) In subsection (2) (proceedings which are transferable under the section)—

(a) 25in the words before paragraph (a), for “to a county court” substitute
“to the family court”,

(b) in paragraph (a) (proceedings commenced in High Court that are
within jurisdiction of county court) for the words after “jurisdiction
of” substitute “the family court”, and

(c) 30in paragraph (c) (certain proceedings transferred to the High Court)
omit the words from “from” to “county court”.

(4) Omit subsections (3) to (3B) (identifying county court to which transfer to be
made).

(5) In subsection (5) (transferee court has jurisdiction), in the words before
35paragraph (a), for the words after “to” substitute “the family court under this
section, the family court—”.

(6) In the heading omit “to county court”.

93 (1) Section 39 (transfer of family proceedings to High Court from county court)
is amended as follows.

(2) 40In subsection (1) (power to transfer) for “a county court, the county court
may,” substitute “the family court, the family court may,”.

(3) In subsection (2) (proceedings which are transferable under the section) for

paragraphs (a) and (b) substitute—

“(a) all family proceedings commenced in the family court which
are within the jurisdiction of the High Court, and

(b) all family proceedings transferred from the High Court
5under section 38 above.”

(4) In the heading omit “to county court”.

94 Section 42 (county court proceedings in principal registry of Family
Division) is repealed.

Family Law Act 1986 (c. 55)Family Law Act 1986 (c. 55)

95 10The Family Law Act 1986 is amended as follows.

96 In section 55(1) (application for declaration as to marital status may be made
to High Court or county court) for “a county court” substitute “the family
court”.

97 In section 55A(1) (application for declaration of parentage may be made to
15High Court, county court or magistrates’ court) for “, a county court or a
magistrates’ court” substitute “or the family court”.

98 (1) Section 56 (declarations of legitimacy or legitimation) is amended as follows.

(2) In subsection (1) (application for declaration of legitimacy may be made to
High Court or county court) for “a county court” substitute “the family
20court”.

(3) In subsection (2) (application for declaration of legitimation may be made to
High Court or county court) for “a county court” substitute “the family
court”.

99 In section 57(1) (application for declaration as to adoption effected overseas
25may be made to High Court or county court) for “a county court” substitute
“the family court”.

100 Omit section 60(5) (appeals in relation to magistrates’ courts declarations
under section 55A).

Matrimonial Proceedings (Transfers) Act 1988 (c. 18)1988 (c. 18)

101 30In section 1(1) of the Matrimonial Proceedings (Transfers) Act 1988 (which
modifies section 38 of the Matrimonial and Family Proceedings Act 1984
(“the 1984 Act”)), in the paragraph (d) to have effect as if inserted into section
38(2) of the 1984 Act, after “from” insert “the family court or”.

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

102 35The Children Act 1989 is amended as follows.

103 Omit section 11J(13) (section 11J is without prejudice to section 63(3) of the
Magistrates’ Courts Act 1980 as it applies in relation to contact orders).

104 In section 14(1) (enforcement of residence orders in magistrates’ courts) omit
“under section 63(3) of the Magistrates’ Courts Act 1980”.

105 40Omit section 15(2) (disapplication of powers of magistrates’ courts in
relation to maintenance orders).

106 In section 38B(4) (court’s power to accept undertaking relating to interim
care order is without prejudice to other powers of High Court and county
court) for “county court” substitute “family court”.

107 In section 44B(4) (court’s power to accept undertaking relating to emergency
5protection order is without prejudice to other powers of High Court and
county court) for “county court” substitute “family court”.

108 In section 83(5) (direction to obtain information for research purposes) for
“the designated officer for each magistrates’ court to which the direction is
expressed to relate” substitute “an officer of the family court”.

109 (1) 10Section 92 (jurisdiction of courts) is amended as follows.

(2) Omit subsections (1) to (5) (which relate to family proceedings in
magistrates’ courts).

(3) Omit subsection (6) (which introduces Part 1 of Schedule 11).

(4) In subsection (7) (meaning of “the court”) for “the High Court, a county court
15or a magistrates’ court” substitute “the High Court or the family court”.

(5) In subsection (8) (which qualifies subsection (7)) omit the words from “the
provision” to “Schedule 11 and to”.

(6) Omit subsections (9) to (10A) (Lord Chancellor’s power by order to provide
for principal registry of Family Division of High Court to be treated as a
20county court for specified purposes).

110 In section 93(2) omit paragraphs (d), (f), (g), (i) and (j) (rules of court:
magistrates’ courts).

111 Section 94 (appeals) is repealed.

112 Schedule 1 (financial provision for children) is amended as follows.

113 25In paragraph 1(1) (financial provision for children: orders against parents)—

(a) for “may—” substitute “may make one or more of the orders
mentioned in sub-paragraph (2)”, and

(b) omit paragraphs (a) and (b).

114 In paragraph 5 (provisions relating to lump sums), omit sub-paragraphs (2)
30and (4) (limits on amounts which may be ordered by magistrates’ courts).

115 (1) Paragraph 6A (variation etc of orders for periodical payments) is amended
as follows.

(2) In sub-paragraph (1)—

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

(b) 35for “sub-paragraphs (7) and (8)” substitute “sub-paragraph (7)”.

(3) In sub-paragraphs (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”.

(4) 40Omit sub-paragraphs (2) to (5) and (10) (power of justices’ clerk to vary
order).

(5) In sub-paragraph (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 “sub-paragraphs (1) and (5)” substitute “sub-paragraph (1)”.

(6) 5Omit sub-paragraph (8) (duty to exercise powers in particular way).

(7) In sub-paragraph (9) (powers under paragraph only exercisable if payer
resident in England and Wales)—

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

(b) for the words from “which” to end substitute “unless at the time
10when the order was made the person required to make the payments
was ordinarily resident in England and Wales.”

116 Omit paragraph 10(6) (limits on powers of magistrates’ courts to deal with
applications for alteration of maintenance agreements).

117 In paragraph 11 (alteration of maintenance agreement after death of one of
15the parties)—

(a) in sub-paragraph (1) (application to be made to High Court or
county court) for “a county court” substitute “the family court”,

(b) in sub-paragraph (3) (power of High Court and county court to
extend time limit for application) for “a county court” substitute “the
20family court”, and

(c) omit sub-paragraph (5) (limits on jurisdiction of county court).

118 In paragraph 12 (enforcement of orders for maintenance)—

(a) in sub-paragraph (1) (person obliged to make maintenance
payments to give notice of change of address to person specified in
25magistrates’ court order) for “a magistrates’ court” substitute “the
family court”, and

(b) omit sub-paragraph (3) (enforcement of orders made by magistrates’
courts).

119 In paragraph 13 (High Court or county court may order settlement of
30instrument by conveyancing counsel) for “a county court” substitute “the
family court”.

120 Omit paragraph 24(1) of Schedule 2 (enforcement of contribution orders
made by magistrates’ courts).

121 Omit Part 1 of Schedule 11 (jurisdiction).

35Child Support Act 1991 (c. 48)Child Support Act 1991 (c. 48)

122 The Child Support Act 1991 is amended as follows.

123 In section 10(5) (magistrates’ court rules: statements as to maintenance
assessments)—

(a) for “may be made under section 144 of the Magistrates’ Courts Act
401980 (rules of procedure) requiring” substitute “of court may
require”, and

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

124 In section 32L(10) (orders preventing avoidance: interpretation), in
paragraph (a) of the definition of “the court”, after “High Court” insert “or
45the family court”.

125 In section 45(2)(a) (power of Lord Chancellor to provide for certain appeals
to be made to a court: meaning of “court”) for the words after “England and
Wales” substitute “, the High Court or the family court; and”.

126 In section 48(1) (rights of audience for authorised officer of Commission)
5after “before” insert “the family court or”.

Criminal Justice Act 1991 (c. 53)Criminal Justice Act 1991 (c. 53)

127 In section 60(3) of the Criminal Justice Act 1991 (applications under section
25 of Children Act 1989 in certain cases) for “92(2) of that Act or section 65 of
the 1980” substitute “92(7) of that”.

10Social Security Administration Act 1992 (c. 5)Social Security Administration Act 1992 (c. 5)

128 (1) In section 106 of the Social Security Administration Act 1992 (recovery of
expenditure on benefit from person liable for maintenance)—

(a) in subsections (1) and (2) for “a complaint” substitute “an
application”,

(b) 15in subsection (1) (complaint by Secretary of State to magistrates’
court) for “a magistrates’ court” substitute “the family court”,

(c) in subsection (3) for “complaint” substitute “application”,

(d) omit subsection (5) (enforcement of orders made by magistrates’
courts), and

(e) 20in subsection (6) (application to Scotland) for the words after
“Scotland,” substitute “for the references to the family court there
shall be substituted references to the sheriff.”

(2) The amendments made by sub-paragraph (1) cease to have effect on the
coming into force of the repeal of section 106 of the Social Security
25Administration Act 1992 by Schedule 7 to the Welfare Reform Act 2009.

Family Law Act 1996 (c. 27)Family Law Act 1996 (c. 27)

129 The Family Law Act 1996 is amended as follows.

130 In section 45(2)(c) (ex parte orders: prejudice resulting from delay in
effecting service) for the words from “involved—” to “case,” substitute
30“involved”.

131 In section 46(5) (power to accept undertaking instead of making occupation
or non-molestation order does not affect other powers of High Court and
county court) for “the county court” substitute “the family court”.

132 In section 47 (arrest for breach of order)—

(a) 35in subsection (11) (which introduces Schedule 5) for “a county court”
substitute “the family court”, and

(b) in subsection (12) (requirements to prevent person granted bail,
following alleged breach of order, from interfering with witnesses
etc) omit “(whether in the High Court or a county court under
40Schedule 5 or in a magistrates’ court under section 128 or 129 of the
Magistrates’ Courts Act 1980)”.

133 Section 50 (power of magistrates’ court to suspend execution of a committal
order) is repealed.

134 Section 51 (power of magistrates’ court to order hospital admission or
guardianship) is repealed.

135 (1) Section 57 (jurisdiction of courts under Part 4) is amended as follows.

(2) In subsection (1) (default meaning of “the court”) for “the High Court, a
5county court or a magistrates’ court” substitute “the High Court or the
family court”.

(3) Omit subsections (2) to (12) (jurisdiction: Lord Chancellor’s powers).

136 Section 59 (jurisdiction of magistrates’ courts under Part 4) is repealed.

137 Section 61 (appeals) is repealed.

138 10In section 63(1) (interpretation of Part 4), in the definition of “the relevant
judicial authority”, for paragraphs (b) and (c) substitute—

“(aa) where the order was made by the family court, a judge of that
court.”

139 (1) Section 63M (jurisdiction of courts under Part 4A) is amended as follows.

(2) 15In subsection (1) (default meaning of “the court”) for “a county court”
substitute “the family court”.

(3) Omit subsections (2) to (4) (application of section 57(3) to (12) with
modification).

140 Section 63N (power to extend jurisdiction to magistrates’ courts) is repealed.

141 20Section 63P (appeals: Part 4A) is repealed.

142 In section 63S (interpretation of Part 4A) in the definition of “the relevant
judge”, in paragraph (b) for the words after “where the order was made by”
substitute “the family court, a judge of that court”.

143 In section 65 (rules, regulations and orders)—

(a) 25in subsection (3) omit “, 63N”, and

(b) in subsection (4) omit “or 63N”.

144 (1) Paragraph 1 of Schedule 5 (powers to remand: meaning of “the court”) is
amended as follows.

(2) In the words before paragraph (a) for “a county court” substitute “the family
30court”.

(3) In paragraph (b) for the words after “in relation to” substitute “the family
court, a judge of that court”.

145 In paragraph 1 of Schedule 7 (transfer of certain tenancies on divorce etc or
on separation of cohabitants: interpretation) for the definition of “the court”
35substitute—

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

Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

146 The Crime and Disorder Act 1998 is amended as follows.

147 (1) Section 11 (child safety orders) is amended as follows.

(2) In subsection (1) (application to magistrates’ court for child safety order) for
“a magistrates’ court” substitute “the family court”.

(3) In subsection (6) (proceedings for child safety order to be family proceedings
for the purposes of certain enactments) omit “or section 65 of the
5Magistrates’ Courts Act 1980 (“the 1980 Act”)”.

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

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

(3) 10In subsection (2) (explanation to be given by magistrates’ court to parent or
guardian) for “a magistrates’ court” substitute “the family court”.

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

149 15Omit section 13 (appeals to county court against child safety orders).

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

Adoption and Children Act 2002

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

152 20In section 13 (information concerning adoption)—

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

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

(b) in subsection (3) (meaning of “relevant officer” in relation to county
25court and High Court) for “a county” substitute “the family”.

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

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

(a) in subsection (2)(a) (High Court power by order to prohibit
30disclosure) after “High Court” insert “or family court”,

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

155 In section 92(1) (steps which may not be taken except by an adoption agency
or in pursuance of High Court order) after “High Court” insert “or the family
35court”.

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

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

158 40Omit section 141(5) (rules of procedure: magistrates’ courts).

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

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

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

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

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

161 The Civil Partnership Act 2004 is amended as follows.

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

“(b) the family court.”

163 10In section 46(5)(a) (periods which may be treated for the purposes of section
44(5)(d) as periods during which respondent has deserted applicant) for “or
a county court” substitute “, the family court or the county court”.

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

165 (1) 15Section 66 (disputes between civil partners about property) is amended as
follows.

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

“(b) the family court.”

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

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

“(b) the family court.”

167 (1) 25Part 2 of Schedule 1 (special provisions about civil partnerships which are
prohibited unless paragraph 2(1) conditions are met) is amended as follows.

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

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

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

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

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

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

“(c) the family court.”

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

(a) omit paragraph (b), and

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

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

170 5In paragraph 63(2) (payment of certain arrears under certain orders
unenforceable without leave of the court) for “any county court” substitute
“the family court”.

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

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

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

172 (1) 15Paragraph 65 (orders for repayment in certain cases of sums paid after
cessation of order by reason of formation of subsequent civil partnership or
marriage) is amended as follows.

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

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

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

(a) 25for “the designated officer for a magistrates’ court to whom any
payments under a payments order are required to be made”
substitute “an officer of the family court”, and

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

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

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

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

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

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

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

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

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

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

176 5For paragraph 80(3)(b) (in Schedule 5 “the court” includes certain county
courts) substitute—

“(b) the family court.”

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

178 10Schedule 6 (financial relief in magistrates’ courts etc) is amended as follows.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) 40omit paragraph (b).

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