Crime and Courts Bill (HL Bill 70)

(6) In subsection (6ZA) (registration of High Court or county court order)—

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

(i) omit “or county court”, and

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

(b) 5omit paragraph (b) and the word “and” preceding it.

(7) Omit subsection (6ZB) (variation or revocation of orders registered in a
magistrates’ court).

(8) In subsection (6ZC)—

(a) omit “or any order under subsection (6ZA)(b) of this section”, and

(b) 10for “the designated officer for a magistrates’ court” substitute “the
family court”.

(9) In subsection (6A) omit the definition of “magistrates’ court order” and the
“and” preceding the definition.

6 In section 2A (interest on registered orders)—

(a) 15omit subsections (1) to (4) (magistrates’ court orders),

(b) in subsection (5) (registered orders do not carry interest) omit
“Except as provided by this section”, and

(c) for the title substitute “No interest on sums recoverable under
registered orders”.

7 20In section 3 (enforcement of registered orders) omit subsections (2) to (2B)
and (3A) (orders registered in magistrates’ courts).

8 Omit section 4 (variation etc of orders registered in a magistrates’ court).

9 (1) Section 4A (variation etc of orders registered in High Court) is amended as
follows.

(2) 25Omit subsection (1) (orders to which section applies).

(3) In subsection (2), and in the title, for “High Court”, in each place, substitute
“family court”.

(4) In subsection (2) omit paragraph (a) (including the “and” at the end).

10 (1) Section 5 (cancellation of registration) is amended as follows.

(2) 30In subsection (2) for “a magistrates’ court” substitute “the family court”.

(3) Omit subsection (3) (orders registered in High Court).

(4) In subsection (4)(c)(ii) for “a magistrates’ court”, in both places, substitute
“the family court”.

(5) In subsection (5)—

(a) 35in the words before paragraph (a), and in the words after paragraph
(b), omit “or county court”, and

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

“(a) any order which requires payments under the order
in question to be made by any method of payment
40falling within section 1(5) of the Maintenance
Enforcement Act 1991 (standing order, etc), other
than an order which requires payments to be made to

the family court or an officer of that court, is to
continue to have effect, and

(b) any order which requires payments under the order
in question to be made to the family court or an officer
5of that court (whether or not by any method of
payment falling within section 1(5) of the
Maintenance Enforcement Act 1991) is to cease to
have effect;”.

(6) Omit subsection (6) (registration of a magistrates’ court order).

(7) 10In subsection (7)—

(a) for “subsections (5) and (6)” substitute “subsection (5)”, and

(b) omit “and “magistrates’ court order””.

11 Section 18 (powers of magistrates to review committals etc) is repealed.

12 (1) Section 20 (registration, variation and arrears) is amended as follows.

(2) 15Omit subsections (1) and (2) (magistrates’ courts: applications for
registration, revocation or variation of maintenance orders).

(3) In subsection (8) (repeated complaints to enforce payment)—

(a) for “a complaint” substitute “an application”, and

(b) for “complaint”, in the second and third places, substitute
20“application”.

(4) For the title substitute “Repeat applications to enforce payment of
maintenance arrears”.

13 In section 21(1) omit the definition of “magistrates’ court”.

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

14 25In paragraph 4(1) of Schedule 1 to the Public Records Act 1958 (records
which are public records) after paragraph (a) insert—

“(aa) records of the family court;”.

Administration of Justice Act 1960 (c. 65)Administration of Justice Act 1960 (c. 65)

15 (1) Section 13 of the Administration of Justice Act 1970 (appeals in cases of
30contempt of court) is amended as follows.

(2) After subsection (2) insert—

“(2A) Paragraphs (a) to (c) of subsection (2) of this section do not apply in
relation to appeals under this section from an order or decision of the
family court, but (subject to any provision made under section 56 of
35the Access of Justice Act 1999 or by or under any other enactment)
such an appeal shall lie to the Court of Appeal.”

(3) In subsection (5)(a) (orders and decisions of High Court etc to which section
applies) after “High Court,” insert “the family court,”.

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

16 In section 1(4) of the Domestic and Appellate Proceedings (Restriction of
Publicity) Act 1968 (courts to which section applies) after “the Crown Court”
insert “, the family court”.

5Civil Evidence Act 1968 (c. 64)Civil Evidence Act 1968 (c. 64)

17 In section 12(5) of the Civil Evidence Act 1968 in the definition of
“matrimonial proceedings” for “a county” substitute “family”.

Administration of Justice Act 1970 (c. 31)Administration of Justice Act 1970 (c. 31)

18 (1) In section 11 of the Administration of Justice Act 1970 (restriction on powers
10of committal under section 5 of the Debtors Act 1869)—

(a) omit the “and” at the end of paragraph (a),

(b) in paragraph (b) for the words from “in respect” to “judgment”
substitute “in respect of a judgment”, and

(c) after paragraph (b) insert “; and

(c) 15by the family court in respect of a High Court or
family court maintenance order.”

(2) In section 28 of that Act (interpretation)—

(a) for “, “county court maintenance order”” substitute “and “family
court maintenance order””, and

(b) 20for “, a county court” substitute “and the family court”.

Courts Act 1971 (c. 23)Courts Act 1971 (c. 23)

19 Omit section 52(3A) of the Courts Act 1971 (subsection (3) does not apply to
family proceedings in a magistrates’ court).

Attachment of Earnings Act 1971 (c. 32)Attachment of Earnings Act 1971 (c. 32)

20 25The Attachment of Earnings Act 1971 is amended as follows.

21 (1) Section 1 (courts with power to attach earnings) is amended as follows.

(2) After subsection (1) insert—

“(1A) The family court may make an attachment of earnings order to
secure payments under a High Court or family court maintenance
30order.”

(3) In subsection (2) (county court) omit paragraph (a) (maintenance orders).

(4) In subsection (3) (magistrates’ courts) omit paragraph (a) (maintenance
orders).

22 In section 2(b) (meaning of “High Court maintenance order” etc)—

(a) 35for “, “county court maintenance order” and “magistrates’ court”
substitute “and “family court”, and

(b) for “, a county court and a magistrates’ court;” substitute “and the
family court;”.

23 (1) Section 3 (application for order and conditions of court’s power to make it)
is amended as follows.

(2) In subsection (1)(a) (payee may apply) after “through” insert “any court or”.

(3) In subsection (1) (applicants) for paragraph (c) substitute—

“(c) 5without prejudice to paragraph (a) above, an officer of the
family court if the application is to the family court for an
order to secure maintenance payments and there is in force
an order that those payments be made to the court or an
officer of the court;”.

(4) 10In subsections (1)(d)(ii) and (4)(a) (maintenance payments) for the words
between “or” and “for” substitute “the family court”.

(5) In subsection (4)—

(a) omit paragraph (b) and the “or” preceding it, and

(b) in the words after paragraph (b), omit the words after “1869”.

24 15In section 6(7) (meaning of “collecting officer”)—

(a) in paragraph (a)(ii) after “of” insert “the family court or”, and

(b) after paragraph (a) insert—

“(aa) in the case of an order made by the family court, the
appropriate officer of that court;”.

25 20In section 8(3) (order ceases to have effect when warrant issued) omit the
words after “related maintenance order”.

26 In section 10 (reduction of normal deduction rate)—

(a) in subsection (2) for “a county” substitute “the family”, and

(b) omit subsection (3) (magistrates’ courts).

27 25In section 11(1)(a) (registered maintenance orders) for the words after
“provides” substitute “for the registration in the family court of a High Court
maintenance order);”.

28 In section 15D (interpretation of sections 15A to 15C) after subsection (2)
insert—

“(2A) 30If the lapsed order was made by the family court, the proper
authority is the family court.”

29 In section 16(2)(d) (power of collecting officer) for “magistrates’ court”
substitute “family court”.

30 (1) Section 18 (collecting officers of magistrates’ courts) is amended as follows.

(2) 35In subsection (1)—

(a) for the words before paragraph (a) substitute “Where payments
under a maintenance order are payable to the family court or an
officer of the family court for transmission to a person, no officer of
the family court is to—”, and

(b) 40in the words after paragraph (c) for “him” substitute “the family
court or an officer of that court”.

(3) In subsection (2) for “the designated officer for a magistrates’ court”
substitute “an officer of the family court”.

(4) Omit subsection (3).

31 (1) Section 20 (persons residing outside England and Wales) is amended as
follows.

(2) In subsection (1)—

(a) 5for “a magistrates’ court”, in both places, substitute “the family
court”, and

(b) for “a complaint”, in both places, substitute “an application”.

(3) In subsections (2) to (4) for “complaint”, in each place, substitute
“application”.

(4) 10In subsection (4) for “complainant” substitute “applicant”.

32 In section 21 (costs on application under section 16)—

(a) in subsection (1) omit “(but subject to section 18(2)(b) of this Act)”,
and

(b) in subsection (2) for the words from “deemed—” to “otherwise,”
15substitute “deemed”.

33 In section 23 (enforcement) after subsection (10) insert—

“(10A) This section applies in relation to the family court as it applies in
relation to the county court, but as if the reference in subsection (8)
to section 129 of the County Courts Act 1984 were a reference to
20section 31L(1) of the Matrimonial and Family Proceedings Act 1984.”

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

34 In section 48(2) (nullity proceedings to be in private unless judge otherwise
directs) for “judge” substitute “court”.

Litigants in Person (Costs and Expenses) Act 1975 (c. 47)Litigants in Person (Costs and Expenses) Act 1975 (c. 47)

35 25In paragraph (a) of the second sentence in section 1(1) of the Litigants in
Person (Costs and Expenses) Act 1975 before “in the Senior” insert “in the
family court,”.

Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)

36 (1) The Inheritance (Provision for Family and Dependants) Act 1975 is amended
30as follows.

(2) In section 15(1) (restriction imposed in divorce proceedings etc on
application under the 1975 Act: meaning of “the court”) for the words from
“, where a county court has jurisdiction” to the end substitute “the family
court”.

(3) 35In section 15ZA(2) (restriction imposed in proceedings for the dissolution etc
of a civil partnership on application under the 1975 Act: meaning of “the
court”) for the words from “, where a county court has jurisdiction” to the
end substitute “the family court”.

(4) In section 15A(1) (restriction imposed in proceedings under Matrimonial
40and Family Proceedings Act 1984 on application under the 1975 Act:
meaning of “the court”) for the words from “, where a county court has
jurisdiction” to the end substitute “the family court”.

(5) In section 15B(2) (restriction imposed in proceedings under Schedule 7 to the
Civil Partnership Act 2004 on application under the 1975 Act: meaning of
“the court”) for the words from “, where a county court has jurisdiction” to
the end substitute “the family court”.

5Torts (Interference with Goods) Act 1977 (c. 32)Torts (Interference with Goods) Act 1977 (c. 32)

37 In section 4 of the Torts (Interference with Goods) Act 1977 (interlocutory
relief where goods are detained) after subsection (5) insert—

“(6) Subsections (1) to (4) apply in relation to the family court in England
and Wales as they apply in relation to the High Court in England and
10Wales, but as if references in those subsections to rules of court
(including references to rules of court under any particular
enactment) were references to Family Procedure Rules.”

Charging Orders Act 1979 (c. 53)Charging Orders Act 1979 (c. 53)

38 (1) The Charging Orders Act 1979 is amended as follows.

(2) 15In sections 1(1) and (6), 3(4A)(a) and 6(2) (charging orders in respect of
orders of certain courts) after “High Court”, in each place, insert “or the
family court”.

(3) In section 1(2)(b) (enforcement of High Court maintenance order) for “a
county” substitute “the family”.

(4) 20In section 1(2) (meaning of “appropriate court”) after paragraph (b) insert—

“(ba) in a case where paragraph (a) does not apply and the order to
be enforced is an order of the family court, the family court;”.

(5) In section 1(2)(c) for “neither paragraph (a) nor paragraph (b)” substitute
“none of paragraphs (a), (b) and (ba)”.

25Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

39 The Magistrates’ Courts Act 1980 is amended as follows.

40 In section 58(2) (sums recoverable summarily as a civil debt) omit paragraph
(a) (including the “or” at the end).

41 (1) Section 59 (orders for periodical payment: means of payment) is amended as
30follows.

(2) In subsection (1) (duty to exercise powers under subsection (3))—

(a) omit the words from “then” preceding paragraph (a) to
“maintenance order,” in paragraph (b), and

(b) for “that subsection” substitute “subsection (3) below”.

(3) 35Omit subsections (2), (3)(cc), (3A), (5), (7) to (12) (maintenance orders).

(4) In subsection (3) omit paragraphs (c) to (d).

42 (1) Section 59A (orders for periodical payment: proceedings by designated
officer) is amended as follows.

(2) In subsections (1) and (2) for “a relevant UK order” substitute “an order
40made by a magistrates’ court”.

(3) In subsection (7) (interpretation)—

(a) in the definition of “the relevant designated officer”—

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

(ii) omit paragraph (c) and the “and” preceding it,

(b) 5omit the definition of “relevant UK order”, and

(c) omit the words after that definition.

43 Omit section 59B (power of magistrates’ court to impose penalty for breach
of certain maintenance orders).

44 In section 60 (variation etc of orders for periodical payments)—

(a) 10omit subsections (3) to (10B) (which relate to maintenance orders),
and

(b) in subsection (11) (interpretation) omit paragraph (b) and the “and”
preceding it.

45 In section 61(2) in the definition of “periodical payments order” omit the
15words from “, or registered” to “1958,”.

46 (1) Section 62 (payments required to be made to a child) is amended as follows.

(2) In subsection (1) omit paragraph (b) and the “or” preceding it.

(3) In subsection (3) omit “or registered in”.

(4) Omit subsection (6) (meaning of “registered”).

47 20In section 64 (costs)—

(a) omit subsections (1A), (4) and (4A),

(b) in subsection (2) omit “or (4A)”, and

(c) in subsection (3) omit “Subject to subsection (4) below,”.

48 Omit sections 65 to 67, 68A, 69, 70, 71, 73, 74 and 75(2A) to (2C) (family
25proceedings in magistrates’ courts).

49 Omit—

(a) sections 76(4) to (6), 92(1)(a) and 93 to 95 (enforcement of
maintenance orders),

(b) in section 80(1) the words “or has ordered the enforcement of a sum
30due from a person under a magistrates’ court maintenance order”,
and

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

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

(2) 35In 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
family”.

(4) In subsection (3)(a) (other rights to appeal exclude right under subsection
40(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 In 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
5court) but not in that section in its application to Northern Ireland (which in
its 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) 10this is without prejudice to the operation of section 31E(1)(a)
of 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) 15section 31E(1)(b) of that Act (family court has county court’s
powers) 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 20The Senior Courts Act 1981 is amended as follows.

54 In 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 25In section 34 (powers of High Court to order disclosure or inspection of
documents 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.”

56 In section 35(1) (limits on High Court’s power to make orders under sections
3033 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) This section applies in relation to the family court as it applies in
relation to the High Court.”

58 35In 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
family court”, and

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

59 40In 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) Section 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
5have 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 10In 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 15In 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
20the 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
25“prerogative orders)” (references to family jurisdiction of county court).

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) 30Subsections (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
35the 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
40family 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
of the family court or”.

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

72 5In 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;”.

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

73 In section 281(8) of the Insolvency Act 1986 (discharge does not release
10bankrupt 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) proceedings in the family court;”.

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

74 15In 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
proceedings in magistrates’ courts), and

(b) in subsection (2) (restrictions on publication) for “, a county court or
20a 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) In section 1(1) (allocation of business between High Court and county
court)—

(a) 25in 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) in paragraph (c) (allocating proceedings) after “High Court” insert
30“or to the family court”,

(d) after paragraph (d) insert—

“(da) specifying proceedings which may be commenced
only in the family court,”, and

(e) after paragraph (f) insert—

“(fa) 35specifying 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) any relationship between the proceedings and any other
40proceedings;”.

(4) In section 1(7)(a) (power to make consequential amendments) after sub-