(4) In subsection (3) (execution of a warrant in a part of the United Kingdom in
which the issuing court does not have jurisdiction) after “issued by” insert
“the family court or”.

10 In section 9 (use of depositions taken outside United Kingdom) after “courts
5of summary jurisdiction” insert “, or the family court,”.

11 In section 11(za) (application of section 3 to Northern Ireland) for “for
subsection (7) of that section there shall be substituted” substitute “after
subsection (6) of that section there shall be inserted”.

Marriage Act 1949 (c. 76)Marriage Act 1949 (c. 76)

12 10The Marriage Act 1949 is amended as follows.

13 In section 3(5) (marriage of persons aged 16 or 17: meaning of “the court”
and provision about rules of court)—

(a) for the words from “, the county court of the district” to the second
“in which any applicant or respondent resides” substitute “or the
15family court”,

(b) omit paragraph (b), and

(c) in paragraph (c) for “a court of summary jurisdiction” substitute “the
family court”.

14 (1) Section 27B (provisions relating to section 1(3) marriages) is amended as
20follows.

(2) In subsection (4) (certificate not to be issued if alleged that section 1(3)
criteria not met, unless declaration obtained from High Court under
subsection (5)) omit “from the High Court”.

(3) In subsection (5) (application to High Court for declaration) after “High
25Court” insert “or the family court”.

Maintenance Orders Act 1950 (c. 37)Maintenance Orders Act 1950 (c. 37)

15 The Maintenance Orders Act 1950 is amended as follows.

16 In section 4(1) (court of summary jurisdiction in England has jurisdiction in
proceedings for the recovery of sums under certain provisions against
30person residing in Scotland or Northern Ireland) for “A court of summary
jurisdiction in England” substitute “The family court”.

17 (1) In section 15(2) and (3) (service of process: endorsement by, and declarations
before, justices of the peace etc) for “justice of the peace” substitute “judge of
the family court”.

(2) 35In Schedule 2 (forms)—

(a) in the form numbered 1 (endorsement of summons) for “justice of the
peace” substitute “judge of the family court”, and

(b) in the form numbered 2 (declaration as to service) for “Justice of the
Peace” substitute “judge of the family court”.

18 (1) 40Section 17 (procedure for registration of maintenance orders) is amended as
follows.

(2) Omit subsection (1)(a) (authority to whom application is to be made for
registration of maintenance order made by court of summary jurisdiction in
England).

(3) In subsection (3)(b) (court to whose officer certified copy of maintenance
5order is to be sent) for the words after “in any other case” substitute “—

(i) where the defendant appears to be in England and
Wales, the family court;

(ii) where the defendant appears to be in Northern
Ireland, a court of summary jurisdiction acting for the
10place in which the defendant appears to be;

(iii) where the defendant appears to be in Scotland, the
sheriff court within the jurisdiction of which the
defendant appears to be.”

(4) In subsection (6) (court officer may apply, on behalf of person entitled to
15maintenance payments made to or through the officer, for registration of
order under which they are made) for “made by a court of summary
jurisdiction in England or Northern Ireland” substitute “made by the family
court or a court of summary jurisdiction in Northern Ireland”.

19 (1) Section 18 (enforcement of registered orders) is amended as follows.

(2) 20In subsection (1A) (interest)—

(a) after “under this Part of this Act in” insert “the family court or”,

(b) omit “England or”,

(c) omit “Part I of the Maintenance Orders Act 1958 or”, and

(d) omit “section 2A of the said Act of 1958 or”.

(3) 25Omit subsections (2) to (2ZB) (enforcement of registered orders in
magistrates’ courts).

(4) In subsection (2A) (offence of not giving notice of change of address to
proper officer) omit “England or”.

(5) In subsection (2B) (meaning of “proper officer”) omit paragraph (a)
30(including the “and” at the end).

20 (1) Section 19 (functions of collecting officer etc) is amended as follows.

(2) In subsection (1) (provisions in maintenance order about payment to court
have no effect if order is registered)—

(a) for “or”, in the first place, substitute “by the family court or in”, and

(b) 35after “through or to any” insert “court or”.

(3) In subsection (2) (court in which maintenance order registered to order
payment to be made through collecting officer) omit—

(a) “England or” in both places, and

(b) “, as the case may be”.

(4) 40Omit subsection (3)(a) (variation etc of orders made in England and Wales
under subsection (2)).

(5) In subsection (4) after “through or to any” insert “court or”.

21 In section 20(1)(a) (certificates as to arrears under registered maintenance
orders)—

(a) after “to or through” insert “a court or”, and

(b) after “signed by” insert “an officer of that court or (as the case may
be)”.

22 (1) Section 22 (discharge and variation of maintenance orders registered in
5summary or sheriff courts) is amended as follows.

(2) In subsection (1) (variation of maintenance order) for “a court of summary
jurisdiction or” substitute “the family court, a court of summary jurisdiction
in Northern Ireland or a”.

(3) In subsection (1A) (power of magistrates’ court to vary payments under
10registered maintenance order) for “a magistrates’ court in England and
Wales” substitute “the family court”.

(4) In subsection (1B) (available powers)—

(a) in each of paragraphs (a) and (b) for “the designated officer for the
court or for any other magistrates’ court in England and Wales”
15substitute “the family court”, and

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

(5) In subsection (1C) (deciding on exercise of powers)—

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

(b) 20omit “it is to exercise”.

(6) In subsection (1D) (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) Omit subsection (1E) (modifications of section 60 of the Magistrates’ Courts
25Act 1980).

(8) In subsection (4) (court in which order registered may vary it only under
subsection (1)) for “a court of summary jurisdiction or” substitute “the
family court, a court of summary jurisdiction in Northern Ireland or a”.

(9) In subsection (5) (evidence) for “a court of summary jurisdiction or”
30substitute “the family court, a court of summary jurisdiction in Northern
Ireland or a”.

23 (1) Section 24 (cancellation of registration) is amended as follows.

(2) In subsection (2) (notice by appropriate authority where defendant ceases to
reside in England and Wales, Northern Ireland or Scotland) for “a court of
35summary jurisdiction in England or Northern Ireland” substitute “the
family court, a court of summary jurisdiction in Northern Ireland”.

(3) In subsection (5A) (effect of cancellation of registration in a magistrates’
court in England and Wales)—

(a) in the words before paragraph (a) for “a magistrates’” substitute “the
40family”,

(b) in paragraph (a) omit “section 18(2ZA) or” and “or (1E)”, and

(c) in paragraph (b)—

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

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

(4) In subsection (6) (orders under section 19(2)) omit “England or”.

24 In section 25(3) (rules as to procedure of courts of summary jurisdiction) for
5“a court of summary jurisdiction in England or Northern Ireland” substitute
“the family court or a court of summary jurisdiction in Northern Ireland”.

25 In section 28(1) (interpretation) in the definition of “collecting officer” omit
“in relation to a court of summary jurisdiction in England, means the
designated officer for the court, and”.

10Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)

26 (1) Section 7 of the Matrimonial Causes (Property and Maintenance) Act 1958
(which extends section 17 of the Married Women’s Property Act 1882 to
certain disputes relating to property in which a wife claims a beneficial
interest) is amended as follows.

(2) 15In subsection (1) (which refers to any right of a wife under section 17 of the
1882 Act to apply to a judge of the High Court or of a county court) for “a
county court” substitute “the family court”.

(3) In subsection (2) (extension of the judge’s power to make orders under
section 17 of the 1882 Act as extended by subsection (1)) for “a county court”
20substitute “the family court”.

Law Reform (Miscellaneous Provisions) Act 1970 (c. 33)Law Reform (Miscellaneous Provisions) Act 1970 (c. 33)

27 In section 2(2) of the Law Reform (Miscellaneous Provisions) Act 1970
(section 17 of the Married Women’s Property Act 1882 and section 7 of the
Matrimonial Causes (Property and Maintenance) Act 1958 apply to certain
25disputes between parties to a broken engagement) for “a county court”
substitute “the family court”.

Matrimonial Proceedings and Property Act 1970 (c. 45)Matrimonial Proceedings and Property Act 1970 (c. 45)

28 (1) The Matrimonial Proceedings and Property Act 1970 is amended as follows.

(2) In section 30(2) (order for maintenance of party to marriage made by
30magistrates’ court to cease to have effect on remarriage of that party) for “a
magistrates’ court”, in both places, substitute “the family court”.

(3) In section 39 (extension of section 17 of the Married Women’s Property Act
1882 to certain cases where marriage dissolved or annulled) for “a county
court” substitute “the family court”.

35Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

29 The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as
follows.

30 (1) Section 3 (magistrates’ court may make provisional maintenance order
against person residing in reciprocating country) is amended as follows.

(2) 40In subsection (1) for “a magistrates’ court” substitute “the family court”.

(3) In subsection (4) (application not to be transferred etc)—

(a) before paragraph (a) insert—

“(za) a court to transfer proceedings from the family court
to the High Court,”, and

(b) 5in paragraphs (a) and (b) after “magistrates’ court” insert “in
Northern Ireland”, and

(c) in those paragraphs after “High Court” insert “of Justice in Northern
Ireland”.

(4) In subsection (6) (effect of order being confirmed) omit “magistrates’”.

(5) 10Omit subsection (7)(b) (Northern Ireland: application of subsection (4)).

(6) In the title omit “magistrates’”.

31 In section 4(6) (Scotland: application of section 3(5) and (6)) after “for
references to” insert “a court that are references to the family court or”.

32 Omit section 5(3A) (modification of section 60 of Magistrates’ Courts Act
151980 in relation to maintenance orders to which section 5 applies).

33 In section 7 (confirmation of order made in reciprocating country)—

(a) in subsection (5A) (court to exercise one of its powers under
subsection (5B) upon confirming order)—

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

(ii) for “shall” substitute “may”,

(b) in subsection (5B) (available powers)—

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

(ii) 25in paragraph (b) for “59(6) of the Magistrates’ Courts Act
1980” substitute “1(5) of the Maintenance Enforcement Act
1991”,

(c) in subsection (5C) (deciding on exercise of powers)—

(i) for “which of the” substitute “whether to exercise any of its”,
30and

(ii) omit “it is to exercise”, and

(d) in 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
35Enforcement Act 1991”.

34 In section 8 (enforcement of registered maintenance orders)—

(a) in subsection (3) (offence of not giving notice of change of address to
appropriate officer)—

(i) for “a registered order” substitute “an order registered in a
40court in Northern Ireland”, and

(ii) for “appropriate officer of the registering” substitute “clerk of
that”,

(b) omit subsection (3A) (meaning of “appropriate officer”),

(c) omit subsections (4) to (4B) (enforcement by magistrates’ courts in
45England and Wales), and

(d) in subsection (5) (magistrates’ court to take prescribed steps) for
“The magistrates’ court” substitute “A magistrates’ court in
Northern Ireland”.

35 Omit section 9(1ZA) (modification of section 60 of Magistrates’ Courts Act
51980 in relation to registered order).

36 In section 10(3) (transfer to other magistrates’ court)—

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

(b) for the words from “that part” to “court is” substitute “Northern
10Ireland”.

37 (1) In section 14(3) (compelling attendance of witnesses etc)—

(a) for the words from “Section” to “1980” substitute “Articles 118(1), (3)
and (4), 119 and 120 of the Magistrates’ Courts (Northern Ireland)
Order 1981”, and

(b) 15after “a magistrates’ court” insert “in Northern Ireland”.

(2) Omit section 14(6) (Northern Ireland: modifications).

38 In section 17 (proceedings in magistrates’ courts)—

(a) in subsection (4) (courts in same area have same jurisdiction)—

(i) after “magistrates’ court”, in the first place, insert “in
20Northern Ireland”,

(ii) omit the words from “acting”, in the first place, to “Northern
Ireland,”, and

(iii) for “district)” substitute “district”,

(b) in subsection (5A) (jurisdiction where respondent resides in
25reciprocating country) for “a magistrates’ court in England and
Wales”, in both places, and for “such a court”, substitute “the family
court”, and

(c) in subsection (7) (proceedings in absence of respondent) for “a
magistrates’ court”, in both places, substitute “the family court in
30England and Wales or a magistrates’ court in Northern Ireland”.

39 (1) Section 18 (magistrates’ courts rules) is amended as follows.

(2) Before subsection (1) insert—

“(A1) Rules of court may make provision with respect to the matters that
would be mentioned in any of paragraphs (b), (c), (e) and (f) of
35subsection (1) if references in those paragraphs to a magistrates’
court, or to magistrates’ courts, were references to the family court.”

(3) In subsection (1) (provision which may be made in rules of court)—

(a) for the words before paragraph (a) substitute “The matters referred
to in subsections (A1) and (2) are—”, and

(b) 40in paragraph (a) for “local justice area”, in both places, substitute
“petty sessions district”.

(4) In subsection (1A) (further provision about rules of court in relation to
England and Wales) for “(1)” substitute “(A1)”.

(5) For the title substitute “Rules of court”.

40 45In section 21(1) in the definition of “the appropriate court”—

(a) after ““the appropriate court”” insert “—”, and

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

(b) in relation to a person residing or having assets”.

41 (1) 5Section 23 (orders registered in High Court under Maintenance Orders
(Facilities for Enforcement) Act 1920) is amended as follows.

(2) In subsection (1) (orders registered at time when 1920 Act ceases to apply)—

(a) after “High Court”, in the first place, insert “or the High Court of
Justice in Northern Ireland”,

(b) 10for “the High Court”, in the second place, substitute “subsection (1A)
applies in relation to the order.

“(1A) Where the order was at that time registered in the High
Court, that court may, on an application by the payer or the
payee under the order or of its own motion, transfer the order
15to the family court, with a view to the order being registered
in the family court under this Part of this Act; and where the
order was at that time registered in the High Court of Justice
in Northern Ireland, that court”,

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

(d) 20 after “registered in that” insert “magistrates’”.

(3) Before subsection (2) insert—

“(1B) Where the High Court transfers an order to the family court under
this section it shall—

(a) cause a certified copy of the order to be sent to an officer of
25the family court, and

(b) cancel the registration of the order in the High Court.”

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

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

(6) 30In subsection (4)—

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

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

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

(8) 35In subsection (6) (meaning of “appropriate officer”) for the words from
“means—” to the end substitute “, in relation to a magistrates’ court in
Northern Ireland, means the clerk of the court.”

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

43 40In section 27B (sending application to which section 27A applies to
appropriate magistrates’ court)—

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

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

(i) 45for “Subject to subsection (4) below, if” substitute “If”,

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

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

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

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

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

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

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

(b) 10omit subsection (2) (disapplication of section 59 of Magistrates’
Courts Act 1980),

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

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

(i) 15in each of paragraphs (a) and (b) for the words from “the
designated” to “Wales” substitute “the court”, and

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

(e) 20in subsection (5) (deciding on exercise of powers)—

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

(ii) omit “it is to exercise”,

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

(g) in subsection (7) (registration)—

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

(ii) 30omit “in the court”.

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

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

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

(ii) 35after “1978” insert”, the family court”, and

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

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

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

46 In section 28A (applications by former spouses under the Domestic
40Proceedings and Magistrates’ Courts Act 1978)—

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

(b) in subsection (3) (court’s powers) for “magistrates’ court hearing the
45application” substitute “family court”, and

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

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

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

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

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

(2) 5In subsection (2) (transfer to other magistrates’ court)—

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

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

(c) 10for the words from “that part” to “court is” substitute “Northern
Ireland”, and

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

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

(4) 15In subsection (8) in the definition of “the appropriate court”—

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

(a)”, and

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

(b) in relation to a person residing”.

49 20In section 33 (enforcement of orders)—

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

(b) in subsection (3B) (enforcement by courts of summary jurisdiction in
Northern Ireland) after “jurisdiction”, in the first place, insert “in
25Northern Ireland”, and

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

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

(a) in subsection (1) (powers of registering court etc) omit “subsection
30(3A) below and”,

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

(a) if the registering court is the family court, send the
application together with any documents
35accompanying it to that court,

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

(c) 40omit subsection (3A) (modification of section 60 of Magistrates’
Courts Act 1980 in relation to registered orders).

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

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

(a) 45for “a magistrates’ court in England and Wales” substitute “the
family court”, and

(b) for paragraph (a) substitute—

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

(3) In subsection (2) (court may exercise one of powers under subsection (3)
5upon varying order) for “a magistrates’ court in England and Wales”
substitute “the family court”.

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

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

(b) 10in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980”
substitute “1(5) of the Maintenance Enforcement Act 1991”.

(5) Omit subsections (4) to (8) (variation by justices’ clerk).

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

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

(b) 15for “which of the” substitute “whether to exercise any of its”,

(c) omit “it is to exercise”, and

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

(7) In subsection (10) (power to require account to be opened) for “Subsection
(4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection
20(6) of section 1 of the Maintenance Enforcement Act 1991”.

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

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

52 25In section 35 (further provision relating to variation etc of orders by
magistrates’ courts in England and Wales)—

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

(b) 30in subsection (2) (powers under section 34A not exercisable) omit “,
or of the clerk of the court,”,

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

(d) 35in the title for “magistrates’ courts” substitute “the family court”.

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

(2) Before subsection (1) insert—

“(A1) A statement contained in a document mentioned in subsection (1)
40shall—

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

(b) 45in proceedings on appeal from proceedings within
paragraph (a),