Crime and Courts Bill (HL Bill 70)
SCHEDULE 10 continued PART 2 continued
Contents page 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-215 216-219 220-229 230-239 240-255 256-259 260-269 270-279 Last page
Crime and Courts BillPage 170
paragraph (ii) insert “or
(iii)
the jurisdiction, practice or procedure of the family
court,”.
(5)
In section 1(10) (no power to confer judicial review jurisdiction on county
5court) after “on” insert “the family court or”.
(6) In the title of section 1 after “High Court” insert “family court”.
(7)
Omit sections 9 and 10 (allocation of family proceedings in county court and
rules about family proceedings in magistrates’ courts).
(8) In section 11 (representation in certain county court cases)—
(a) 10 after subsection (9) insert—
“(9A)
This section applies in relation to the family court as it applies
in relation to the county court.”, and
(b) in the title after “county court” insert “and family court”.
Maintenance Enforcement Act 1991 (c. 17)Maintenance Enforcement Act 1991 (c. 17)
76
(1)
15Section 1 of the Maintenance Enforcement Act 1991 (High Court and county
court maintenance orders) is amended as follows.
(2) For “a county court”, in each place, substitute “the family court”.
(3) After subsection (1) insert—
“(1A)
Where the family court makes a qualifying periodical maintenance
20order, it may at the same time exercise any of its powers under
subsection (4A) below in relation to the order, whether of its own
motion or on an application made under this subsection by an
interested party.”
(4) After subsection (3) insert—
“(3A)
25Where the family court has made a qualifying periodical
maintenance order, it may at any later time—
(a)
on an application made under this subsection by an
interested party, or
(b)
of its own motion, in the course of any proceedings
30concerning the order,
exercise any of its powers under subsection (4A) below in relation to
the order.”
(5) After subsection (4) insert—
“(4A) The powers mentioned in subsections (1A) and (3A) above are—
(a)
35the power to order that payments under the qualifying
periodical maintenance order in question be made to the
court or an officer of the court;
(b)
the power to order that payments under the qualifying
periodical maintenance order in question required to be to
40the court, or an officer of the court, are to be so made by such
method of payment falling within subsection (5) below as the
court may specify in the particular case; or
(c)
the power to order that payments under the qualifying
periodical maintenance order in question be made in
Crime and Courts BillPage 171
accordance with arrangements for their collection made by
the Secretary of State under section 30 of the Child Support
Act 1991 and regulations made under that section.”
(6) In subsection (5) (methods of payment) after paragraph (b) insert “; or
(c)
5any method of payment specified in regulations made by the
Lord Chancellor.”
(7)
In subsection (6)(a) after “(4) above” insert “or under paragraph (b) of
subsection (4A) above”.
(8) In subsection (7) (powers where order made under subsection (4)(a))—
(a) 10for “or (3)” substitute “, (1A), (3) or (3A)”, and
(b) after “(4)(a)” insert “or (4A)”.
(9) After subsection (8) insert—
“(8A)
No order made by the family court under subsection (4) or (4A)(a) or
(b) above has effect at any time when the Secretary of State is, under
15section 30 of the Child Support Act 1991 and regulations made under
that section, arranging for the collection of payments under the
qualifying periodical maintenance order in question.”
(10) After subsection (10) insert—
“(11)
The power of the Lord Chancellor to make regulations under
20subsection (5)(c) above is exercisable by statutory instrument, and a
statutory instrument containing regulations under subsection (5)(c)
is subject to annulment in pursuance of a resolution of either House
of Parliament.”
(11)
In the title, and in the preceding italic heading, for “county courts” substitute
25“family court”.
Access to Justice Act 1999 (c. 22)Access to Justice Act 1999 (c. 22)
77 The Access to Justice Act 1999 is amended as follows.
78
In section 54(1) (rules may require permission to appeal) after paragraph (a)
insert—
“(aa) 30the family court,”.
79
In section 55(1) (limitations on right to appeal to Court of Appeal against a
decision made on an appeal) before “or the High Court” insert “, the family
court”.
80
In section 56(1) (power to prescribe alternative appellate court) after
35paragraph (a) insert—
“(aa) the family court,”.
81
In section 57(1) (appeals otherwise than to Court of Appeal may be
redirected there)—
(a) before “or the High Court” insert “, the family court”, and
(b) 40after paragraph (b) insert “or
(c)
the President of the Family Division where it is the
family court from which or to which the appeal is
made, or from which permission to appeal is
sought,”.
Crime and Courts BillPage 172
Courts Act 2003 (c. 39)Courts Act 2003 (c. 39)
82 The Courts Act 2003 is amended as follows.
83
In section 1(1) (Lord Chancellor’s general duty to ensure that support
systems and services, including staff and accommodation, are provided for
5certain courts) for the “and” at the end of paragraph (b) substitute—
“(ba) the family court, and”.
84
In section 18(5)(a) (presiding at sittings of justices) omit “or family
proceedings court”.
85
In section 19(2)(e) (committees may be established under rules to advise on
10authorisation of justices for specific purposes) for “members of family
proceedings courts or” substitute “judges of the family court or as members
of”.
86
(1)
Section 28 (functions of justices’ clerks and assistant clerks) is amended as
follows.
(2) 15After subsection (5) insert—
“(5A)
For the purposes of subsections (1) to (5) the functions of justices of
the peace do not include functions as a judge of the family court.”
(3)
Omit subsection (9)(b) (requirement to consult Family Procedure Rule
Committee) but not the “and” following it.
87 20Omit section 30(6) (exclusion of family proceedings).
88
In section 66 (judges having powers of District Judges (Magistrates’ Courts))
omit—
(a) in subsection (1), paragraph (b) and the “and” preceding it, and
(b) subsection (4).
89 (1) 25Section 75 (Family Procedure Rules) is amended as follows.
(2)
In subsection (1) (family proceedings in certain courts to be governed by
Family Procedure Rules) omit the words after “proceedings”.
(3) For subsection (3) (meaning of “family proceedings”) substitute—
“(3) Family proceedings” means—
(a) 30proceedings in the family court, and
(a)
proceedings in the Family Division of the High Court which
are business assigned, by or under section 61 of (and
Schedule 1 to) the Senior Courts Act 1981, to that Division of
the High Court and no other.”
(4)
35In subsection (4) (differential provision) before “different areas” insert
“different cases or”.
90
(1)
Section 76 (further provision about scope of Family Procedure Rules) is
amended as follows.
(2) In subsection (2) (provision that may be made by rules)—
(a) 40after the “and” at the end of paragraph (a) insert—
“(aa)
provide, subject to any provision that may be made in
rules under section 31O(4) of the Matrimonial and
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Family Proceedings Act 1984, for any functions of a
court in family proceedings to be carried out by
officers or other staff of the court.” and
(b) omit paragraph (b).
(3)
5In subsection (3) (rules may modify rules of evidence) omit the words after
“proceedings”.
91
(1)
Section 77(2) (membership of Family Rule Procedure Committee) is
amended as follows.
(2) Omit paragraphs (i) and (l).
(3)
10In paragraphs (j) and (m) for “magistrates’ courts” substitute “the family
court”.
92
(1)
Section 81 (practice directions relating to family proceedings) is amended as
follows.
(2) In subsection (1)—
(a)
15in paragraph (za) after “Court of Appeal” insert “in proceedings on
appeal from the Family Division of the High Court or from the
family court”, and
(b) for the words after paragraph (za) substitute—
“(zb)
the Family Division of the High Court in proceedings
20which are business assigned, by or under section 61 of
(and Schedule 1 to) the Senior Courts Act 1981, to that
Division of the High Court and no other, and
(aa) the family court.””
(3)
In subsection (2) for the words “of those courts in family proceedings”
25substitute “mentioned in subsection (1) which are”.
(4)
In subsection (2A) for “of any relevant court in family proceedings”
substitute “mentioned in subsection (1)”.
(5)
In subsection (3)(a) for “of any relevant court in family proceedings,”
substitute “mentioned in subsection (1),”.
(6) 30In subsection (5) omit the definition of “relevant court”.
93
In section 92(1) (power to prescribe fees for things dealt with by certain
courts) after paragraph (a) insert—
“(aa) the family court,”.
Constitutional Reform Act 2005 (c. 4)Constitutional Reform Act 2005 (c. 4)
94 35The Constitutional Reform Act 2005 is amended as follows.
95
In section 7(4) (courts of which Lord Chief Justice is president) after the entry
for the Crown Court insert—
-
“the family court”.
Legal Services Act 2007 (c. 29)Legal Services Act 2007 (c. 29)
96 (1) 40For paragraph 1(7)(c) of Schedule 3 to the Legal Services Act 2007 (rights of
Crime and Courts BillPage 174
audience in chambers of exempt persons) substitute—
“(c)
the proceedings are not reserved family proceedings and
are being heard in chambers—
(i) in the High Court or county court, or
(ii)
5in the family court by a judge who is not, or by two
or more judges at least one of whom is not, within
section 31C(1)(y) of the Matrimonial and Family
Proceedings Act 1984 (lay justices).”
(2)
In paragraph 1(10) of that Schedule in the definition of “family proceedings”
10after “also includes” insert “any proceedings in the family court and”.
Part 3 Repeals and revocations in consequence of Parts 1 and 2 of this Schedule
97
The provisions specified in the Table are repealed or revoked to the extent
shown.
| Reference | 15Extent of repeal or revocation |
|---|---|
| Administration of Justice Act 1970 (c. 31) |
Section 48(3). |
| Administration of Justice Act 1977 (c. 38) |
In Schedule 3, paragraphs 3 and 4(a). |
| Magistrates’ Courts Act 1980 (c. 43) |
Section 53(4). |
| Section 54(3) and (4). | |
| 20Section 55(9). | |
| In section 56 the words from the beginning to “any magistrates’ court,”. |
|
| In section 57 the words from the beginning to “any magistrates’ court,”. |
|
| 25Section 57A(3). | |
In section 64— (a)
subsection (1A), (b)
in subsection (2) the words “or (4A)”, (c)
30in subsection (3) the words “Subject to (d)
subsections (4) and (4A). |
|
| In section 97(1)(a) and (2) the words “or of an 35application in family proceedings”. |
|
| Section 111(7). | |
| Section 121(8). | |
| Section 144(1)(b). | |
| Section 145(1)(ga). | |
| 40In section 150(1), the definitions of “Family Procedure Rules”, “family proceedings”, “magistrates’ court maintenance order” and “maintenance order”. |
|
| In Schedule 7, paragraphs 23 and 24. | |
| Civil Jurisdiction and Judgments Act 1982 (c. 27) |
45In Schedule 11, paragraph 2. |
| In Schedule 12, paragraphs 3 and 7. | |
| Matrimonial and Family Proceedings Act 1984 (c. 42) |
Section 44. |
Crime and Courts BillPage 175
| Reference | Extent of repeal or revocation |
|---|---|
| Matrimonial and Family Proceedings Act 1984 (c. 42)—cont. |
In Schedule 1, paragraphs 4 and 5. |
| Family Law Reform Act 1987 (c. 42) |
5In Schedule 2, paragraphs 18, 81, 83 to 85 and 87. |
| Children Act 1989 (c. 41) | In Schedule 11, paragraph 8(a) to (c). |
| Broadcasting Act 1990 (c. 42) | In Schedule 20, paragraph 29(2). |
| Maintenance Enforcement Act 1991 (c. 17) |
Sections 7 and 8. |
| 10In Schedule 1, paragraphs 8 and 9. | |
| In Schedule 2, paragraphs 6 to 8 and 11(1). | |
| Social Security (Consequential Provisions) Act 1992 (c. 6) |
In Schedule 2, paragraph 60. |
| Transfer of Functions (Magistrates’ Courts and Family Law) Order 1992 (S.I. 1992/709) |
In Schedule 2, the entries for sections 59 and 94A of the Magistrates’ Courts Act 1980. 15 |
| Maintenance Orders (Backdating) Order 1993 (S.I. 1993/623) |
Article 3 and Schedule 2. |
| Child Support Act 1991 (Consequential Amendments) Order 1994 (S.I. 1994/731) |
20Article 3. |
| Family Law Act 1996 (c. 27) | In Schedule 8, paragraph 49. |
| Family Law Act 1996 (Modifications of Enactments) Order 1997 (S.I. 1997/1898) |
25Article 2. |
| Crime and Disorder Act 1998 (c. 37) |
In Schedule 8, paragraph 42. |
| Access to Justice Act 1999 (c. 22) | 30In Schedule 10, paragraphs 22, 33 and 34. |
| In Schedule 11, paragraphs 26 and 27. | |
| Child Support, Pensions and Social Security Act 2000 (c. 19) |
In Schedule 8, paragraph 2. |
| Civil Jurisdiction and Judgments Order 2001 (S.I. 2001/3929) |
In Schedule 3, paragraphs 5, 11 and 12(b) and (c). 35 |
| Adoption and Children Act 2002 (c. 38) |
In Schedule 3, paragraphs 37, 38 and 39(b)(i). |
| Courts Act 2003 (c. 39) | Section 26(4). |
| Section 49(1). | |
| In Schedule 8, paragraphs 98 to 103, 143, 208(3), 40210, 211(3) and (4), 214 to 217, 228, 229 and 349. |
|
| Civil Partnership Act 2004 (c. 33) |
In Schedule 27, paragraphs 22, 64 and 65. |
Crime and Courts BillPage 176
| Reference | Extent of repeal or revocation |
|---|---|
| Constitutional Reform Act 2005 (c. 4) |
In Schedule 4, paragraphs 101, 213 and 344(4). |
| European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/ 265) |
Regulation 4. 5 |
| Childcare Act 2006 (c. 21) | In Schedule 2, paragraph 2. |
| Legal Services Act 2007 (c. 29) | 10In Schedule 21, paragraph 144(2)(b). |
| Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655) |
In the Schedule, paragraph 9. |
| Human Fertilisation and Embryology Act 2008 (c. 22) |
In Schedule 6, paragraph 20. |
| Children and Families (Wales) Measure 2010 (nawm 1) |
15In Schedule 1, paragraphs 1 and 2. |
| Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/ 1898) |
In the Schedule, paragraph 1. 20 |
| Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045) |
Articles 3, 5, 6(b), 7, 10(b) and (d) and 11 to 14. 25 |
| Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215) |
Regulation 2. 30 |
| Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/ 1484) |
In Schedule 7, paragraphs 2(4) and 9(2). |
Crime and Courts BillPage 177
Section 16
SCHEDULE 11 Transfer of jurisdiction to family court
Part 1 Amendments of enactments
5Married Women’s Property Act 1882 (c. 75)Married Women’s Property Act 1882 (c. 75)
1 The Married Women’s Property Act 1882 is amended as follows.
Crime and Courts BillPage 178
2
In section 10 (court’s power to order transfer investment and dividends to
husband where investment made with his money and without his consent)
for “the Court” substitute “the High Court or the family court”.
3
In section 17 (power of High Court and prescribed county court to make
5orders in relation to disputes between husband and wife about title to or
possession of property)—
(a)
for “such county court as may be prescribed” substitute “the family
court”, and
(b) omit the words after “rules of court”.
10Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)
4
(1)
The Maintenance Orders (Facilities for Enforcement) Act 1920 is amended in
accordance with paragraphs 5 to 11.
(2)
The amendments made by paragraphs 5 to 11 cease to have effect on the
coming into force of the repeal of the Maintenance Orders (Facilities for
15Enforcement) Act 1920 by section 22(2)(a) of the Maintenance Orders
(Reciprocal Enforcement) Act 1972.
5
In section 1(2) (courts in which maintenance orders from Her Majesty’s
dominions outside the United Kingdom are to be registered) after “and, if
the court was not a court of superior jurisdiction, be” insert “the family court,
20or, in Northern Ireland,”.
6
(1)
Section 3 (power of courts in England and Wales, or Northern Ireland, to
make provisional orders of maintenance against certain persons resident
outside the United Kingdom) is amended as follows.
(2)
In subsection (1) (circumstances in which provisional orders may be made)
25for “a court of summary jurisdiction in England or Ireland” substitute “the
family court, or in Northern Ireland to a court of summary jurisdiction,”.
(3)
In subsection (4) (taking of evidence by court of summary jurisdiction at
request of court in a part of Her Majesty’s dominions outside the United
Kingdom)—
(a) 30omit “of summary jurisdiction” in the first place, and
(b) after “that court or” insert “, in Northern Ireland,”.
(4)
In subsection (5) (confirmation of order does not affect any power of court of
summary jurisdiction to vary or revoke order, provided certain
requirements are met)—
(a) 35after “any power of” insert “the family court, or”, and
(b) after “summary jurisdiction” insert “in Northern Ireland,”.
(5)
Omit subsection (7) (variation etc in a magistrates’ court in England and
Wales).
7
(1)
Section 4 (power of court of summary jurisdiction to confirm maintenance
40order made outside the United Kingdom) is amended as follows.
(2)
In subsection (1) (procedure for determining whether order should be
confirmed by court of summary jurisdiction)—
(a) after “confirmed by” insert “the family court or by”,
(b) omit “England or” in the first place,
Crime and Courts BillPage 179
(c)
after “send the said documents” insert “to the family court if it
appears to the Lord Chancellor that the person is resident in England
and Wales or”, and
(d)
after “court of summary jurisdiction”, in the second place, insert “in
5Northern Ireland if it appears to the Lord Chancellor that the person
is resident in Northern Ireland”.
(3)
In subsection (5A) (exercise of powers where a magistrates’ court in England
and Wales confirms a provisional order)—
(a) for “a magistrates’” substitute “the family”, and
(b) 10for “shall” substitute “may”.
(4) In subsection (5B) (available powers)—
(a)
in each of paragraphs (a) and (b) for “the designated officer for the
court or for any other magistrates’ court” substitute “the family
court”, and
(b)
15in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
substitute “1(5) of the Maintenance Enforcement Act 1991”.
(5) In subsection (5C) (deciding on exercise of powers)—
(a) for “which of the” substitute “whether to exercise any of its”, and
(b) omit “it is to exercise”.
(6)
20In subsection (5D) (power to require account to be opened) for “Subsection
(4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection
(6) of section 1 of the Maintenance Enforcement Act 1991”.
(7) In subsection (6) omit “Subject to subsection (6A),”.
(8)
Omit subsection (6A) (modifications of section 60 of the Magistrates’ Courts
25Act 1980).
8
(1)
Section 4A (variation and revocation of maintenance orders) is amended as
follows.
(2)
In subsection (2) (jurisdiction of magistrates’ court where respondent
resides in a part of Her Majesty’s dominions outside the United Kingdom to
30which the Act extends) for “a magistrates’ court in England and Wales”
substitute “the family court”.
(3)
In subsection (4) (magistrates’ court hearings in absence of respondent), in
paragraph (a) for “a magistrates’ court in England and Wales” substitute
“the family court”.
(4)
35In subsection (5) (application of subsection (4) to Northern Ireland with
modifications) in paragraph (c) for “a magistrates’ court in England and
Wales” substitute “the family court”.
9 (1) Section 6 (mode of enforcing orders) is amended as follows.
(2)
In subsection (1) (enforcement steps to be taken by court of summary
40jurisdiction) omit “of summary jurisdiction”.
(3) For subsection (2) substitute—
“(2)
Every such order registered in or confirmed by the family court is
enforceable as if it were an order made by the family court and as if
that court had had jurisdiction to make it.”