containing provision corresponding to any that might be contained
in the writ.

(3) Subsection (1) is subject to section 38(3) of the County Courts Act
1984.

(4) 5Subsection (1) is without prejudice to, and not limited by, any other
powers of the family court.

(5) The Lord Chancellor may by regulations make provision, about or in
connection with the effect or execution of warrants issued by the
family court for enforcing any order or judgment enforceable by the
10court, that corresponds to any provision applying in relation to the
effect or execution of writs issued by the High Court, or warrants
issued by the county court, for the purpose of enforcing any order or
judgment enforceable by that court.

31F Proceedings and decisions

(1) 15The family court may adjourn a hearing, and may do so at any time
including a time before the hearing has begun.

(2) Any order made by the family court—

(a) may be absolute or conditional;

(b) may be final or interim;

(c) 20may, subject to rules of court, be made without taking
evidence.

(3) Every judgment and order of the family court is, except as provided
by this or any other Act or by rules of court, final and conclusive
between the parties.

(4) 25Where the family court has power to require the doing of anything
other than the payment of money, or to prohibit the doing of
anything, an order of the court made in exercising the power may
contain provision—

(a) as to the manner in which anything is to be done,

(b) 30as to the time within which anything is to be done,

(c) as to the time during which anything is not to be done, and

(d) generally for giving effect to the order.

(5) Where the family court has power to require the payment of money,
an order of the court made in exercising the power may allow time
35for payment or order payment by instalments; and where the court
has ordered payment by instalments and default is made in the
payment of any one instalment, proceedings may be taken as if the
default had been made in the payment of all the instalments then
unpaid.

(6) 40The family court has power to vary, suspend, rescind or revive any
order made by it, including—

(a) power to rescind an order and re-list the application on
which it was made,

(b) power to replace an order which for any reason appears to be
45invalid by another which the court has power to make, and

(c) power to vary an order with effect from when it was
originally made.

(7) Subject to rules of court, the family court may proceed in the absence
of one, some or all of the parties.

(8) The family court has the same power to enforce an undertaking
given by a solicitor in relation to any proceedings in that court as the
5High Court has to enforce an undertaking given by a solicitor in
relation to any proceedings in the High Court.

(9) In any case not expressly provided for by or in pursuance of this or
any other Act, the general principles of practice in the High Court
may be adopted and applied to proceedings in the family court.

31G 10Witnesses and evidence

(1) Subsection (2) applies where the family court is satisfied that a
person in England and Wales is likely to be able to give material
evidence, or produce any document or thing likely to be material
evidence, in proceedings in the court.

(2) 15The court may, if it is satisfied that it is in the interests of justice to do
so, issue a summons—

(a) requiring the person to attend before the court, at the time
and place specified in the summons, to give evidence,

(b) requiring the person to attend before the court, at the time
20and place specified in the summons, to produce the
document or thing, or

(c) requiring the person to produce the document or thing to the
court.

(3) Subsection (4) applies where without just excuse—

(a) 25a person fails to attend before the court in answer to a
summons under subsection (2)(a) or (b),

(b) a person fails to produce a document or thing in answer to a
summons under subsection (2)(b) or (c), or

(c) a person attending before the court, whether or not in answer
30to a summons under subsection (2), refuses to be sworn or
give evidence.

(4)
The court may—

(a) commit the person to custody until the expiry of a period not
exceeding one month specified by the court or until the
35person sooner gives evidence or produces the document or
thing, or

(b) impose on the person a fine not exceeding £2,500, or

(c) both.

(5) A fine imposed under subsection (4) is deemed, for the purposes of
40any enactment, to be a sum adjudged to be paid by a conviction of a
magistrates’ court.

(6) Where in any proceedings in the family court it appears to the court
that any party to the proceedings who is not legally represented is
unable to examine or cross-examine a witness effectively, the court is
45to—

(a) ascertain from that party the matters about which the witness
may be able to depose or on which the witness ought to be
cross-examined, and

(b) put, or cause to be put, to the witness such questions in the
5interests of that party as may appear to the court to be proper.

(7) Subject to the provisions of any Act or instrument made under an Act
or rule of law authorising the reception of unsworn evidence,
evidence given before the family court is to be given on oath.

(8) An affidavit to be used in the family court may be sworn before—

(a) 10a judge of the court, or

(b) an officer of the court appointed by a judge of the court for
the purpose,

as well as before a commissioner for oaths or any other person
authorised to take affidavits under the Commissioners for Oaths
15Acts 1889 and 1891.

(9) An affidavit sworn before any such judge or officer may be sworn
without the payment of any fee.

31H Contempt of court: power to limit court’s powers

(1) The Lord Chancellor may by regulations made after consulting the
20Lord Chief Justice make provision limiting or removing, in
circumstances specified in the regulations, any of the powers
exercisable by the family court when dealing with a person for
contempt of court.

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

31I Powers of the High Court in respect of family court proceedings

(1) If the High Court, at any stage in proceedings in the family court,
thinks it desirable that the proceedings, or any part of them, should
30be transferred to the High Court, it may order the transfer to the
High Court of the proceedings or part.

(2) The power given by subsection (1) is without prejudice to section 29
of the Senior Courts Act 1981, and is to be exercised—

(a) in accordance with any directions given as to the distribution
35or transfer of proceedings, and

(b) subject to any provision made under section 1 of the Courts
and Legal Services Act 1990 or made by or under any other
enactment.

31J Overview of certain powers of the court under other Acts

40The powers of the family court include its powers under—

(a) section 33 of the Senior Courts Act 1981 (powers exercisable
before commencement of action);

(b) section 34 of that Act (power to order disclosure or inspection
of documents or property of non-party);

(c) 45section 37 of that Act (power to grant injunction or appoint
receiver);

(d) section 39 of that Act (power to order documents to be
executed or indorsed by nominated person);

(e) section 70(1) and (2) of that Act (assessors);

(f) section 57 of the County Courts Act 1984 (evidence of
5prisoners);

(g) section 71 of that Act (powers as to payment of costs).

31K Appeals

(1) Subject to any order made under section 56(1) of the Access to Justice
Act 1999 (power to provide for appeals to be made instead to the
10High Court or county court, or to the family court itself), if any party
to any proceedings in the family court is dissatisfied with the
decision of the court, that party may appeal from it to the Court of
Appeal in such manner and subject to such conditions as may be
provided by Family Procedure Rules.

(2) 15Subsection (1) does not—

(a) confer any right of appeal from any decision where a right of
appeal is conferred by some other enactment, or

(b) take away any right of appeal from any decision where a
right of appeal is so conferred,

20and has effect subject to any enactment other than this Part; and in
this subsection “enactment” means an enactment whenever passed.

(3) The Lord Chancellor may, after consulting the Lord Chief Justice, by
order make provision as to the circumstances in which appeals may
be made against decisions taken by courts or judges on questions
25arising in connection with the transfer, or proposed transfer, of
proceedings from or to the family court.

(4) Except to the extent provided for in any order made under
subsection (3), no appeal may be made against any decision of a kind
mentioned in that subsection.

(5) 30At the hearing of any proceedings in the family court in which there
is a right of appeal or from which an appeal may be brought with
permission, the judge, if requested to do so by any party, is to make
a note—

(a) of any question of law raised at the hearing,

(b) 35of the facts in evidence in relation to any such question, and

(c) of the court’s decision on any such question and of the court’s
determination of the proceedings.

(6) Where such a note is made, and whether or not an appeal has been
made, the court—

(a) 40on the application of any party to the proceedings, and

(b) on payment of the fee (if any) prescribed under section 92 of
the Courts Act 2003,

is to provide that party with a copy of the note signed by the judge,
and the copy so signed is to be used at the hearing of any appeal.

(7) 45Section 81 of the County Courts Act 1984 (powers of Court of Appeal
on appeal from county court) applies to appeals from the family
court to the Court of Appeal as it applies to appeals from the county
court to the Court of Appeal.

(8) The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise functions of the Lord Chief Justice under subsection (3).

31L Enforcement

(1) 5Payment of a fine or penalty imposed by the family court may be
enforced upon the order of the court in like manner as a judgment of
the court for the payment of money.

(2) Rules of court may, in relation to cases where under two or more
orders made by or registered in the family court the same person is
10required to make periodical payments to the same recipient, make
provision—

(a) for recovery of payments under more than one of the orders
to be dealt with in the same proceedings;

(b) for apportioning, between some or all of the orders,
15payments made by the person required to make payments
under the orders.

(3) Subsection (4) applies where—

(a) periodical payments are required to be made, or a lump sum
is required to be paid, to a child under an order made by the
20family court, or

(b) periodical payments are required to be made to a child under
an order registered in the family court.

(4) Any sum required under the order to be paid to the child may be
paid to the person who looks after the child, and that person may
25proceed in that person’s own name for—

(a) the variation, revival or revocation of the order, or

(b) the recovery of any sum required to be paid under the order.

(5) Where a child has a right under any Act or instrument made under
an Act to apply for the revival of an order made by the family court
30which provided for the making of periodical payments to or for the
benefit of the child, the person who looks after the child may proceed
in the person’s own name for the revival of the order.

(6) Where any person by whom periodical payments are required to be
paid to a child under an order made by or registered in the family
35court applies for the variation or revocation of the order, the person
who looks after the child may answer the application in the person’s
own name.

(7) Nothing in subsections (4) and (5) affects any right of a child to
proceed in the child’s own name for the variation, revival or
40revocation of an order or for the recovery of a sum payable under an
order.

(8) In this section—

(a) a reference to the person who looks after a child is—

(i) in the case of a child who is being looked after by a
45local authority (within the meaning of section 22 of
the Children Act 1989), a reference to that local
authority, and

(ii) in any other case, a reference to the person who,
disregarding any absence of the child at a hospital or
boarding school and any other temporary absence,
has care of the child;

(b) 5“child” means a person under the age of 18;

(c) a reference to an order registered in the family court is a
reference to an order registered in the court under the
Maintenance Orders (Facilities for Enforcement) Act 1920,
Part 2 of the Maintenance Orders Act 1950, Part 1 of the
10Maintenance Orders Act 1958, the Maintenance Orders
(Reciprocal Enforcement) Act 1972 or Part 1 of the Civil
Jurisdiction and Judgments Act 1982.

31M Records of proceedings

(1) The Lord Chancellor may by regulations provide for the keeping of
15records of and in relation to proceedings of the family court.

(2) Any entry in a book or other document required to be kept by
regulations under subsection (1), or a copy of any such entry or
document purporting to be signed and certified as a true copy by a
judge of the family court, is at all times without further proof to be
20admitted in any court or place as evidence of the entry and of the
proceeding referred to by it and of the regularity of that proceeding.

(3) The Lord Chancellor must consult the Lord Chief Justice before
making regulations under this section.

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

31N Summonses and other documents

(1) Where any summons or other process issued from the family court is
served by an officer of the court, the service may be proved by a
30certificate in a prescribed form showing the fact and mode of the
service.

(2) Section 133(2) of the County Courts Act 1984 (offence and
punishment) applies in relation to any officer of the family court
wilfully and corruptly giving a false certificate under subsection (1)
35as it applies in relation to any officer of the county court wilfully and
corruptly giving a false certificate under section 133(1) of that Act.

(3) Sections 135 and 136 of that Act (offences of pretending to have
court’s authority etc) apply in relation to the family court as they
apply in relation to the county court.

31O 40Legal advisers and assistants

(1) A person may act as a legal adviser to the family court only if the
person is a justices’ clerk.

(2) A person may act as an assistant legal adviser to the family court
only if the person is an assistant to a justices’ clerk.

(3) Any reference, in relation to the family court, to a legal adviser or
assistant legal adviser is a reference to a person acting as such in
accordance with subsection (1) or (2).

(4) The Lord Chancellor may by rules made with the agreement of the
5Lord Chief Justice and after consulting the Family Procedure Rule
Committee—

(a) make provision enabling functions of the family court, or of a
judge of the court, to be carried out by a legal adviser;

(b) make provision enabling functions of a legal adviser
10(whether functions given under paragraph (a) or other
functions) to be carried out by an assistant legal adviser.

(5) The functions of a legal adviser include—

(a) giving advice to lay judges of the family court about matters
of law (including procedure and practice) on questions
15arising in connection with the discharge by them of functions
conferred on them or the court, including questions arising
when the adviser is not personally attending on them, and

(b) power, at any time when the adviser thinks that the adviser
should do so, to bring to the attention of lay judges of the
20family court any point of law (including procedure and
practice) that is or may be involved in any question so arising;

and in this subsection “lay judge of the family court” means a judge
of the court who is within section 31C(1)(y).

(6) Subsection (5) does not limit—

(a) 25the functions of a legal adviser, or

(b) the matters on which any judge of the family court may
obtain assistance from a legal adviser.

(7) A legal adviser is not subject to the direction of the Lord Chancellor
or any other person when carrying out—

(a) 30a function of the family court or of a judge of the court, or

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

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

(8) No action lies against a person in respect of anything done or not
35done in carrying out functions of the family court or of a judge of the
court—

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

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

(9) 40An action lies against a person in respect of anything done or not
done in carrying out functions of the family court or of a judge of the
court—

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

(b) 45in relation to a matter not within the person’s jurisdiction,

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

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

(a) may, on the application of the defendant, strike out the
5proceedings in the action, and

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

(11) The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
10exercise functions of the Lord Chief Justice under this section.

31P Legal advisers and assistants: costs and indemnity

(1) A court may not order a person to pay costs in any proceedings in
respect of anything done or not done in carrying out functions of the
family court, or of a judge of the family court, in execution (or
15purported execution) of the person’s duties as a legal adviser or
assistant legal adviser.

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

(a) is being tried for an offence or is appealing against a
20conviction, or

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

(3) A court which is prevented by subsection (1) from ordering a person
to pay costs in any proceedings may instead order the Lord
25Chancellor to make a payment in respect of the costs of a person in
the proceedings.

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

(a) circumstances in which a court must or must not exercise the
30power conferred on it by subsection (3), and

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

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

(a) 35costs which the person reasonably incurs in or in connection
with proceedings in respect of anything done or not done in
the execution (or purported execution) of the person’s duties
as a legal adviser or assistant legal adviser,

(b) costs which the person reasonably incurs in taking steps to
40dispute a claim which might be made in such proceedings,

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

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

(6) 45The Lord Chancellor must indemnify a person in respect of
indemnifiable amounts if, in respect of the matters giving rise to the
proceedings or claim, the person acted reasonably and in good faith.

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

(8) 5Any question whether, or to what extent, a person is to be
indemnified under subsections (6) and (7) is to be determined by the
Lord Chancellor who may in particular, at the request of a person
claiming to be indemnified, make for this purpose determinations in
anticipation of a settlement and provisional determinations in
10anticipation of costs being incurred.

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

31Q Orders, regulations and rules under Part 4A

(1) 15Any power of the Lord Chancellor to make an order, regulations or
rules under this Part—

(a) is exercisable by statutory instrument,

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

(c) 20includes power to make supplementary, incidental,
consequential, transitional, transitory or saving provision.

(2) The Lord Chancellor may not make regulations under section 31P(4)
or the first rules under section 31O(4) unless a draft of the statutory
instrument containing the regulations or rules (whether alone or
25with other provisions) has been laid before, and approved by a
resolution of, each House of Parliament.

(3) A statutory instrument that—

(a) contains an order, regulations or rules made under this Part
by the Lord Chancellor other than regulations under section
3031M, and

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

is subject to annulment in pursuance of a resolution of either House
35of Parliament.”

Part 2 The family court: further amendments

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

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

(a) 40for the words from “any court other than” to “is to say,” substitute
“the county court—”, and

(b) omit paragraph (c).

(2) In that section—

(a) for “superior courts may” substitute “High Court or family court
45may”,

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

(c) at the end insert—

“Section 31E(1)(b) of the Matrimonial and Family
5Proceedings Act 1984 (family court has county court’s
powers) does not apply in relation to the powers given by
this section to the county court.”

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

3 The Maintenance Orders Act 1958 is amended as follows, but sections 2(1) to
10(5), 2A and 5(2) to (4) of that Act as applied by section 36(3) of the Civil
Jurisdiction and Judgments Act 1982 (re-registration in different Northern
Ireland court of orders made in England and Wales or Scotland and
registered in a Northern Ireland court) have effect without the amendments
made in them by this Schedule.

4 (1) 15Section 1 (application of Part 1) is amended as follows.

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

(3) 20In subsection (2) (registered orders deemed to be made by court in which
registered) for each of “England” and “the court in England in which it is so
registered” substitute “the High Court”.

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

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

(b) 25in paragraph (b) for “England” substitute “the High Court”.

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

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

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

5 (1) 30Section 2 (registration of orders) is amended as follows.

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

(3) 35In subsection (2) (original court to send certified copy of order if satisfied no
enforcement steps being taken)—

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

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

(4) 40Omit subsections (3) to (4) and (6) (registration of a magistrates’ court order).

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

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

(b) for “him” substitute “the court”.