Crime and Courts Bill (HL Bill 70)

be admissible as evidence of any fact stated to the same extent as oral
evidence of that fact is admissible in those proceedings.”

(3) In subsection (1) (statements made in convention country to be
admissible)—

(a) 5for “A statement contained in—” substitute “The documents referred
to in subsections (A1) and (1A) are—”,

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

(c) after paragraph (c) insert—

“(1A) 10A statement contained in a document mentioned in
subsection (1)”,

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

(e) omit “an application to which section 27A(1) of this Act applies,”.

54 In section 38 (obtaining evidence at request of court in convention
15country)—

(a) in subsection (4) (application of provisions of Magistrates’ Courts
Act 1980) 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”,

(b) 20in subsection (4) after “a magistrates’ court” insert “in Northern
Ireland”, and

(c) omit subsection (6) (Northern Ireland: modifications).

55 In section 38A(1) (rules of court) after “done by” insert “the family court or”.

56 In section 42 (provisional order to cease to have effect on remarriage) in
25subsection (1) and in the title omit “magistrates’”.

57 In section 47(3) (interpretation: jurisdiction of magistrates’ courts) for the
words from “construed—” to “in relation to”, in the second place, substitute
“construed in relation to”.

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

58 30The Matrimonial Causes Act 1973 is amended as follows.

59 In section 4(4)(a) (periods which may be treated for the purposes of section
1(2)(c) as periods during which the respondent has deserted the petitioner)
for “or a county court” substitute “, the family court or the county court”.

60 In section 32(1) (arrears more than 12 months old not to be enforced without
35court’s permission) for “any county court” substitute “the family court”.

61 (1) Section 33 (orders for repayment of sums paid under certain orders) is
amended as follows.

(2) In subsection (4) (application for repayment may be made in proceedings for
variation, discharge or enforcement of order, or to county court) for “a
40county court”, in each place, substitute “the family court”.

(3) Omit subsection (5) (no limits on jurisdiction of county court under
subsection (4)).

62 (1) Section 35 (alterations of maintenance agreements where both parties are
living) is amended as follows.

(2) In subsection (1) (application for alteration may be made to the court or a
magistrates’ court) omit “or to a magistrates’ court”.

(3) In subsection (2) (which refers to the court to which an application for an
alteration is made)—

(a) 5in the words before paragraph (a) omit “to which the application is
made”,

(b) for “subsections (3),” substitute “subsections “, and

(c) for “that court”, in both places, substitute “the court”.

(4) Omit subsection (3) (limits on powers of magistrates’ court to deal with
10applications for alterations).

(5) In subsections (4) and (5) for “a court” substitute “the court”.

63 (1) Section 36 (alterations of maintenance agreements after death of one party)
is amended as follows.

(2) In subsection (1) (application for alteration may be made to High Court or
15county court) omit the words from “High” to “county”.

(3) In subsection (2) (court’s permission needed to make late application) omit
the words from “High” to “county”.

(4) Omit subsections (3) and (7) (powers of county court to deal with
applications for alterations).

(5) 20In subsections (4) and (5) for “a court” substitute “the court”.

64 (1) Section 38 (orders for repayment of periodical payments mistakenly made)
is amended as follows.

(2) In subsection (2) (powers of the court when dealing with an application for
repayment) after “On an application under this section the court” insert “to
25which the application is made”.

(3) In subsection (3) (application for repayment may be made in enforcement
proceedings, or to county court) for “a county court”, in each place,
substitute “the family court”.

(4)
Omit subsection (4) (no limits on jurisdiction of county court under
30subsection (3)).

(5) In subsection (6) (liability of court officers in respect of orders for periodical
payments)—

(a) in the words before paragraph (a) for “The designated officer for a
magistrates’ court to whom any payments under a payments order
35are required to be made,” substitute “An officer of the family court,”,
and

(b) in paragraph (a)—

(i) for “the designated officer,” substitute “an officer of the
family court,”, and

(ii) 40for “in pursuance of the payments order” substitute “, in
pursuance of a payments order requiring payments to be
made to the court or an officer of the court,”.

(6) In subsection (7) (meaning of “collecting officer”) for “the registrar of a
county court or the designated officer of a magistrates’ court” substitute “or
45the officer of the family court,”.

65 (1) In section 52(1) (interpretation of the Act) for the definition of “the court”
substitute—

• ““the court” (except where the context otherwise requires)
  means the High Court or the family court;”.

(2) 5The amendment made by sub-paragraph (1) does not apply for the purposes
of interpreting references to “the court” in paragraph 14 of Schedule 1 to the
Matrimonial Causes Act 1973.

Domicile and Matrimonial Proceedings Act 1973 (c. 45)Domicile and Matrimonial Proceedings Act 1973 (c. 45)

66 (1) Section 5 of the Domicile and Matrimonial Proceedings Act 1973
10(jurisdiction of High Court and county court to entertain proceedings for
divorce, judicial separation or nullity of marriage) is amended as follows.

(2) In subsection (1A) (interpretation) in the definition of “the court” for the
words after “High Court” substitute “and the family court”.

(3) In the side-note for “county courts” substitute “family court”.

15Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

67 The Domestic Proceedings and Magistrates’ Courts Act 1978 is amended as
follows.

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

69 20In section 6(1) (application for order for payments agreed between parties to
a marriage) for “a magistrates’ court” substitute “the family court”.

70 In section 7(1) (powers of court where parties living apart by agreement) for
“a magistrates’ court” substitute “the family court”.

71 (1) Section 19 (interim maintenance orders) is amended as follows.

(2) 25In subsection (1) (courts’ powers)—

(a) in paragraph (a)—

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

(ii) omit the words from “or on refusing” to the end; and

(b) omit paragraphs (b) and (c) (High Court and county court powers).

(3) 30In subsection (3) (date from which payment may be required to be made)
omit the words after “section 2, 6 or 7 of this Act”.

(4) In subsection (5)(c) (interim order ceases to have effect on final order of
magistrates’ court or dismissal of application) for “a magistrates’ court”
substitute “the family court”.

(5) 35In subsection (6) (interim order may be continued in force by order of court)
for the words from “the magistrates’ court which made the order” to
“reheard,” substitute “the family court”.

(6) Omit subsection (9) (interim order of High Court or county court on
ordering rehearing by magistrates’ court to be treated, for certain purposes,
40as an order of that magistrates’ court).

72 In section 20 (variation, revival and revocation of orders for periodical
payments) in each of subsections (1) to (3) and (5) for “a magistrates’ court”
substitute “the family court”.

73 (1) Section 20ZA (variation of orders for periodical payments: further
5provision) is amended as follows.

(2) In subsections (1) and (7) (making provision as to payment when exercising
power to vary) for “paragraphs (a) to (d) of section 59(3) of the Magistrates’
Courts Act 1980” substitute “section 1(4) and (4A) of the Maintenance
Enforcement Act 1991”.

(3) 10Omit subsections (2) to (5) and (9) (power of justices’ clerk to vary order).

(4) In subsection (6) (power to require account to be opened)—

(a) for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
Enforcement Act 1991”, and

(b) 15for “subsections (1) and (5)” substitute “subsection (1)”.

(5) Omit subsection (8) (duty to exercise powers in particular way).

(6) In subsection (10) (powers under section only exercisable if payer resident in
England and Wales)—

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

(b) 20for the words from “which” to the end substitute “unless, at the time
when the order was made, the person required to make the
payments was ordinarily resident in England and Wales.”

74 In section 20A(1) (application by child for revival of periodical payments
order)—

(a) 25in the words before paragraph (a), for “a magistrates’ court”
substitute “the family court”, and

(b) in the words after paragraph (b) omit “which made the order”.

75 Omit section 22 (variation of instalments of lump sum).

76 Omit section 23(2) (certain powers of a magistrates’ court do not apply to
30orders under Part 1).

77 In section 25(4) (magistrates’ court’s power to determine date on which
order ceased to have effect because the parties were living together) for “a
magistrates’ court” substitute “the family court”.

78 Section 27 (refusal of order in case more suitable for High Court) is repealed.

79 (1) 35Section 28 (powers of High Court and county court relation to certain orders
under Part 1) is amended as follows.

(2) In subsection (1) (power of High Court or county court in matrimonial
proceedings to direct that order of magistrates’ court is to cease to have
effect)—

(a) 40for “making by a magistrates’ court” substitute “making by the
family court”,

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

(c) for “made by a magistrates’ court” substitute “under this Part”.

(3) In subsection (3)—

(a) for “a county court” substitute “the family court”,

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

80 Section 29 (appeals) is repealed.

81 (1) Section 30 (provisions as to jurisdiction and procedure) is amended as
5follows.

(2) Omit subsections (1) and (1A) (limits on jurisdiction of magistrates’ courts to
deal with applications under Part 1).

(3) In subsection (5) (jurisdiction of magistrates’ court under Part 1 exercisable
notwithstanding that a party to proceedings is not domiciled in England and
10Wales) for “a magistrates’ court” substitute “the family court”.

(4) Omit subsection (6) (interpretation of subsections (1) and (1A)).

82 Section 31 (constitution of courts) is repealed.

83 (1) Section 32 (enforcement etc of orders for payment of money) is amended as
follows.

(2) 15Omit subsection (1) (order under Part 1 to be enforced as a magistrates’ court
maintenance order).

(3) In subsection (2) (power to order payment to a person on another’s behalf)—

(a) for the words from the beginning to “a magistrates’ court making”
substitute “The family court when making”, and

(b) 20omit the words after “to that other person”.

(4) In subsection (4) (arrears more than 12 months old not to be enforced
without court’s permission) for “High Court or any county” substitute
“family”.

84 (1) Section 35 (orders for repayment in certain cases of sums paid after cessation
25of order by reason of remarriage or formation of civil partnership) is
amended as follows.

(2) In subsection (1) (circumstances in which court may exercise powers under
subsection (2)) for “the court” substitute “the family court”.

(3) In subsection (2) (power to order repayment or partial repayment, or to
30dismiss application) for “The court” substitute “The family court”.

(4) In subsection (4) (application to be made in enforcement proceedings, or to
county court)—

(a) for “shall be made to a county court, except that such an application
may” substitute “may (but need not)”,

(b) 35omit “in the High Court or a county court”, and

(c) omit the words after “of this Act”.

(5) Omit subsection (6) (no limits on jurisdiction of county court under
subsection (4)).

(6) In subsection (7) (liability of court officers)—

(a) 40in the words before paragraph (a)—

(i) for “The designated officer for a magistrates’ court to whom
any payments under an order made under section 2(1)(a), 6

or 7 of this Act are required to be made,” substitute “An
officer of the family court,”, and

(ii) for “the first-mentioned order” substitute “an order made
under section 2(1)(a), 6 or 7 of this Act”,

(b) 5in paragraph (a)—

(i) for “the designated officer,” substitute “an officer of the
family court,”, and

(ii) for “in pursuance of the first mentioned order” substitute
“, in pursuance of an order made under section 2(1)(a), 6 or 7
10of this Act requiring payments to be made to the court or an
officer of the court,”, and

(c) in the words after paragraph (b) for “first mentioned order”, in both
places, substitute “order made under section 2(1)(a), 6 or 7 of this
Act”.

85 15In section 88 (interpretation)—

(a) in subsection (1) (defined terms), omit the definitions of “family
proceedings” and “magistrates’ court maintenance order”, and

(b) omit subsection (4) (powers of magistrates’ courts acting in a local
justice area).

20Civil Jurisdiction and Judgments Act 1982 (c. 27)Civil Jurisdiction and Judgments Act 1982 (c. 27)

86 (1) The Civil Jurisdiction and Judgments Act is amended as follows.

(2) In the second sentence of section 5(1) (enforcement of maintenance orders
under 1968 Convention) after “Article 32” insert “but, if the appropriate
court is a magistrates’ court in England and Wales, the Lord Chancellor is to
25transmit the application to the family court”.

(3) In section 5(2) (determination of transmitted application) for “officer of that
court” substitute “officer—

(a) of the family court if the application is transmitted to that
court, or

(b) 30in any other case, of the court having jurisdiction in the
matter”.

(4) Omit section 5(5A) to (5C) (enforcement in magistrates’ courts in England
and Wales).

(5) In section 5(7) omit “England and Wales or”.

(6) 35In section 5(8) omit paragraph (a) (including the “and” at the end).

(7) In the second sentence of section 5A(1) (enforcement of maintenance orders
under the Lugano Convention of 2007) after “Article 39” insert “but, if the
appropriate court is a magistrates’ court in England and Wales, the Lord
Chancellor is to transmit the application to the family court”.

(8) 40In section 5A(2) (determination of transmitted application) for “officer of”
substitute “officer—

(a) of the family court if the application is transmitted to that
court, or

(b) in any other case, of”.

(9) Omit section 5A(5) (enforcement in magistrates’ courts in England and
Wales).

(10) In section 5A(7) omit “England and Wales or”.

(11) In section 5A(9) omit paragraph (a) (including the “and” at the end).

(12) 5Omit sections 6(3)(a) and 6A(3)(a) (appeals in England and Wales).

(13) In section 7(4) (interest on arrears)—

(a) omit “England and Wales or”,

(b) omit “section 2A of the Maintenance Orders Act 1958 or”, and

(c) for “enable” substitute “enables”.

(14) 10In section 15(3) (jurisdiction of magistrates’ courts)—

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

(b) for “in the same local justice area (or, in Northern Ireland, for the
same petty sessions district)” substitute “for the same petty sessions
15district”.

(15) In section 36(1)(b) (registration of maintenance orders) for “county court
order, a magistrates’” substitute “family”.

(16) In section 48(3) (rules of court relating to maintenance orders)—

(a) in the words before paragraph (a) for “magistrates’ courts,”
20substitute “the family court, the power to make rules of court for
magistrates’ courts in Northern Ireland,”,

(b) in paragraphs (a) and (g) after “purposes of” insert “the family court
or”, and

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

(17) 25In section 50 (interpretation) in the definition of “court of law”—

(a) after paragraph (a) insert—

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

(b) 30in paragraph (b) omit “England and Wales or”.

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

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

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

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

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

91 40In section 37 (directions as to distribution and transfer of family business
and proceedings between the High Court and county court) for “county
courts” substitute “the family court”.

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

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

(3) 5In subsection (2) (proceedings which are transferable under the section)—

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

(b) in paragraph (a) (proceedings commenced in High Court that are
within jurisdiction of county court) for the words after “jurisdiction
10of” substitute “the family court”, and

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

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

(5) 15In subsection (5) (transferee court has jurisdiction), in the words before
paragraph (a), for the words after “to” substitute “the family court under this
section, the family court—”.

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

93 (1) Section 39 (transfer of family proceedings to High Court from county court)
20is amended as follows.

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

(3) In subsection (2) (proceedings which are transferable under the section) for
paragraphs (a) and (b) substitute—

“(a) 25all family proceedings commenced in the family court which
are within the jurisdiction of the High Court, and

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

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

94 30Section 42 (county court proceedings in principal registry of Family
Division) is repealed.

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

95 The Family Law Act 1986 is amended as follows.

96 In section 55(1) (application for declaration as to marital status may be made
35to High Court or county court) for “a county court” substitute “the family
court”.

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

98 (1) 40Section 56 (declarations of legitimacy or legitimation) is amended as follows.

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

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

99 In section 57(1) (application for declaration as to adoption effected overseas
5may be made to High Court or county court) for “a county court” substitute
“the family court”.

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

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

101 10In section 1(1) of the Matrimonial Proceedings (Transfers) Act 1988 (which
modifies section 38 of the Matrimonial and Family Proceedings Act 1984
(“the 1984 Act”)), in the paragraph (d) to have effect as if inserted into section
38(2) of the 1984 Act, after “from” insert “the family court or”.

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

102 15The Children Act 1989 is amended as follows.

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

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

105 20Omit section 15(2) (disapplication of powers of magistrates’ courts in
relation to maintenance orders).

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

107 25In section 44B(4) (court’s power to accept undertaking relating to emergency
protection order is without prejudice to other powers of High Court and
county court) for “county court” substitute “family court”.

108 In section 83(5) (direction to obtain information for research purposes) for
“the designated officer for each magistrates’ court to which the direction is
30expressed to relate” substitute “an officer of the family court”.

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

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

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

(4) 35In subsection (7) (meaning of “the court”) for “the High Court, a county court
or a magistrates’ court” substitute “the High Court or the family court”.

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

(6) Omit subsections (9) to (10A) (Lord Chancellor’s power by order to provide
40for principal registry of Family Division of High Court to be treated as a
county court for specified purposes).

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

111 Section 94 (appeals) is repealed.

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

113 5In paragraph 1(1) (financial provision for children: orders against parents)—

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

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

114 In paragraph 5 (provisions relating to lump sums), omit sub-paragraphs (2)
10and (4) (limits on amounts which may be ordered by magistrates’ courts).

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

(2) In sub-paragraph (1)—

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

(b) 15for “sub-paragraphs (7) and (8)” substitute “sub-paragraph (7)”.

(3) In sub-paragraphs (1) and (7) (making provision as to payment when
exercising power to vary) for “paragraphs (a) to (d) of section 59(3) of the
Magistrates’ Courts Act 1980” substitute “section 1(4) and (4A) of the
Maintenance Enforcement Act 1991”.

(4) 20Omit sub-paragraphs (2) to (5) and (10) (power of justices’ clerk to vary
order).

(5) In sub-paragraph (6) (power to require account to be opened)—

(a) for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
25Enforcement Act 1991”, and

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

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

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

(a) 30omit “, or of a justices’ clerk,”, and

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

116 Omit paragraph 10(6) (limits on powers of magistrates’ courts to deal with
35applications for alteration of maintenance agreements).

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

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

(b) 40in sub-paragraph (3) (power of High Court and county court to
extend time limit for application) for “a county court” substitute “the
family court”, and

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

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