Previous Next

Contents page 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-215 216-219 220-229 230-239 240-255 256-259 260-269 270-279 280-289 290-297 Last page

Crime and Courts BillPage 200

(a) in sub-paragraph (1) (person obliged to make maintenance
payments to give notice of change of address to person specified in
magistrates’ court order) for “a magistrates’ court” substitute “the
family court”, and

(b) 5omit sub-paragraph (3) (enforcement of orders made by magistrates’
courts).

119 In paragraph 13 (High Court or county court may order settlement of
instrument by conveyancing counsel) for “a county court” substitute “the
family court”.

120 10Omit paragraph 24(1) of Schedule 2 (enforcement of contribution orders
made by magistrates’ courts).

121 Omit Part 1 of Schedule 11 (jurisdiction).

Child Support Act 1991 (c. 48)Child Support Act 1991 (c. 48)

122 The Child Support Act 1991 is amended as follows.

123 15In section 10(5) (magistrates’ court rules: statements as to maintenance
assessments)—

(a) for “may be made under section 144 of the Magistrates’ Courts Act
1980 (rules of procedure) requiring” substitute “of court may
require”, and

(b) 20for “a magistrates’ court” substitute “the family court”.

124 In section 32L(10) (orders preventing avoidance: interpretation), in
paragraph (a) of the definition of “the court”, after “High Court” insert “or
the family court”.

125 In section 45(2)(a) (power of Lord Chancellor to provide for certain appeals
25to be made to a court: meaning of “court”) for the words after “England and
Wales” substitute “, the High Court or the family court; and”.

126 In section 48(1) (rights of audience for authorised officer of Commission)
after “before” insert “the family court or”.

Criminal Justice Act 1991 (c. 53)Criminal Justice Act 1991 (c. 53)

127 30In section 60(3) of the Criminal Justice Act 1991 (applications under section
25 of Children Act 1989 in certain cases) for “92(2) of that Act or section 65 of
the 1980” substitute “92(7) of that”.

Social Security Administration Act 1992 (c. 5)Social Security Administration Act 1992 (c. 5)

128 (1) In section 106 of the Social Security Administration Act 1992 (recovery of
35expenditure on benefit from person liable for maintenance)—

(a) in subsections (1) and (2) for “a complaint” substitute “an
application”,

(b) in subsection (1) (complaint by Secretary of State to magistrates’
court) for “a magistrates’ court” substitute “the family court”,

(c) 40in subsection (3) for “complaint” substitute “application”,

(d) omit subsection (5) (enforcement of orders made by magistrates’
courts), and

Crime and Courts BillPage 201

(e) in subsection (6) (application to Scotland) for the words after
“Scotland,” substitute “for the references to the family court there
shall be substituted references to the sheriff.”

(2) The amendments made by sub-paragraph (1) cease to have effect on the
5coming into force of the repeal of section 106 of the Social Security
Administration Act 1992 by Schedule 7 to the Welfare Reform Act 2009.

Family Law Act 1996 (c. 27)Family Law Act 1996 (c. 27)

129 The Family Law Act 1996 is amended as follows.

130 In section 45(2)(c) (ex parte orders: prejudice resulting from delay in
10effecting service) for the words from “involved—” to “case,” substitute
“involved”.

131 In section 46(5) (power to accept undertaking instead of making occupation
or non-molestation order does not affect other powers of High Court and
county court) for “the county court” substitute “the family court”.

132 15In section 47 (arrest for breach of order)—

(a) in subsection (11) (which introduces Schedule 5) for “a county court”
substitute “the family court”, and

(b) in subsection (12) (requirements to prevent person granted bail,
following alleged breach of order, from interfering with witnesses
20etc) omit “(whether in the High Court or a county court under
Schedule 5 or in a magistrates’ court under section 128 or 129 of the
Magistrates’ Courts Act 1980)”.

133 Section 50 (power of magistrates’ court to suspend execution of a committal
order) is repealed.

134 25Section 51 (power of magistrates’ court to order hospital admission or
guardianship) is repealed.

135 (1) Section 57 (jurisdiction of courts under Part 4) is amended as follows.

(2) In subsection (1) (default meaning of “the court”) for “the High Court, a
county court or a magistrates’ court” substitute “the High Court or the
30family court”.

(3) Omit subsections (2) to (12) (jurisdiction: Lord Chancellor’s powers).

136 Section 59 (jurisdiction of magistrates’ courts under Part 4) is repealed.

137 Section 61 (appeals) is repealed.

138 In section 63(1) (interpretation of Part 4), in the definition of “the relevant
35judicial authority”, for paragraphs (b) and (c) substitute—

(aa) where the order was made by the family court, a judge of that
court.

139 (1) Section 63M (jurisdiction of courts under Part 4A) is amended as follows.

(2) In subsection (1) (default meaning of “the court”) for “a county court”
40substitute “the family court”.

(3) Omit subsections (2) to (4) (application of section 57(3) to (12) with
modification).

Crime and Courts BillPage 202

140 Section 63N (power to extend jurisdiction to magistrates’ courts) is repealed.

141 Section 63P (appeals: Part 4A) is repealed.

142 In section 63S (interpretation of Part 4A) in the definition of “the relevant
judge”, in paragraph (b) for the words after “where the order was made by”
5substitute “the family court, a judge of that court”.

143 In section 65 (rules, regulations and orders)—

(a) in subsection (3) omit “, 63N”, and

(b) in subsection (4) omit “or 63N”.

144 (1) Paragraph 1 of Schedule 5 (powers to remand: meaning of “the court”) is
10amended as follows.

(2) In the words before paragraph (a) for “a county court” substitute “the family
court”.

(3) In paragraph (b) for the words after “in relation to” substitute “the family
court, a judge of that court”.

145 15In paragraph 1 of Schedule 7 (transfer of certain tenancies on divorce etc or
on separation of cohabitants: interpretation) for the definition of “the court”
substitute—

Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

146 20The Crime and Disorder Act 1998 is amended as follows.

147 (1) Section 11 (child safety orders) is amended as follows.

(2) In subsection (1) (application to magistrates’ court for child safety order) for
“a magistrates’ court” substitute “the family court”.

(3) In subsection (6) (proceedings for child safety order to be family proceedings
25for the purposes of certain enactments) omit “or section 65 of the
Magistrates’ Courts Act 1980 (“the 1980 Act”)”.

148 (1) Section 12 (child safety orders: supplemental) is amended as follows.

(2) In subsection (1) (information to be obtained by magistrates’ court before
making child safety order) for “a magistrates’ court” substitute “the family
30court”.

(3) In subsection (2) (explanation to be given by magistrates’ court to parent or
guardian) for “a magistrates’ court” substitute “the family court”.

(4) In subsection (6) (powers of magistrates’ court where child has failed to
comply with child safety order) omit “or another magistrates’ court acting in
35the same local justice area”.

149 Omit section 13 (appeals to county court against child safety orders).

150 In section 13B(7) (parental compensation orders: offence) for “the 1980 Act”
substitute “the Magistrates’ Courts Act 1980 (“the 1980 Act”)”.

Adoption and Children Act 2002

151 40The Adoption and Children Act 2002 is amended as follows.

Crime and Courts BillPage 203

152 In section 13 (information concerning adoption)—

(a) in subsection (2) (court officers who are to provide information) for
paragraphs (a) and (b) substitute—

(aa) the relevant officer of the family court, and

(b) 5in subsection (3) (meaning of “relevant officer” in relation to county
court and High Court) for “a county” substitute “the family”.

153 Omit section 55(2) (revocation of adoptions on legitimation: interpretation in
relation to magistrates’ courts).

154 In section 60 (disclosure of information to adopted adult)—

(a) 10in subsection (2)(a) (High Court power by order to prohibit
disclosure) after “High Court” insert “or family court”,

(b) in subsection (3) (supplementary provision about orders under
subsection (2)(a)) after “High Court” insert “or family court”.

155 In section 92(1) (steps which may not be taken except by an adoption agency
15or in pursuance of High Court order) after “High Court” insert “or the family
court”.

156 In section 95(1)(d) (offences relating to payment for steps taken in
contravention of section 92(1)) after “High Court” insert “or family court”.

157 In section 101(1) (proceedings in High Court or county court may be heard
20in private) for “a County Court” substitute “the family court”.

158 Omit section 141(5) (rules of procedure: magistrates’ courts).

159 In section 144(1) (interpretation), for the definition of “court” substitute—

Gender Recognition Act 2004 (c. 7)Gender Recognition Act 2004 (c. 7)

160 25In section 8 of the Gender Recognition Act 2004 (appeals against decision of
Gender Recognition Panel etc) in subsections (1) and (5) after “High Court”
insert “, family court”.

Civil Partnership Act 2004 (c. 33)Civil Partnership Act 2004 (c. 33)

161 The Civil Partnership Act 2004 is amended as follows.

162 30For section 37(4)(b) (in Chapter 2 of Part 2 “the court” includes certain county
courts) substitute—

(b) the family court.

163 In section 46(5)(a) (periods which may be treated for the purposes of section
44(5)(d) as periods during which respondent has deserted applicant) for “or
35a county court” substitute “, the family court or the county court”.

164 In section 58 (application for declaration may be made to High Court or
county court) for “a county court” substitute “the family court”.

165 (1) Section 66 (disputes between civil partners about property) is amended as
follows.

(2) 40For subsection (1)(b) (application may be made to county court prescribed
by rules of court) substitute—

(b) the family court.

Crime and Courts BillPage 204

(3) Omit subsection (3) (no limits on jurisdiction of county court under
subsection (2)).

166 For section 220(b) (in sections 221 to 224 “the court” includes certain county
courts) substitute—

(b) 5the family court.

167 (1) Part 2 of Schedule 1 (special provisions about civil partnerships which are
prohibited unless paragraph 2(1) conditions are met) is amended as follows.

(2) In paragraph 6(2) (civil partnership schedule not to be issued if alleged that
paragraph 2(1) conditions not met, unless High Court declaration obtained
10under paragraph 7) omit “High Court”.

(3) In paragraph 7 (application to High Court for declaration) after “High
Court” insert “or the family court”.

168 (1) Paragraph 15 of Schedule 2 (civil partnership of persons aged 16 or 17:
meaning of “the court” and provision about rules of court) is amended as
15follows.

(2) In sub-paragraph (1) (“the court” includes certain county courts and
magistrates’ courts)—

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

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

(c) 20the family court.

(3) In sub-paragraph (2) (rules of court)—

(a) omit paragraph (b), and

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

169 25Schedule 5 (financial relief in the High Court or a county court etc) is
amended as follows.

170 In paragraph 63(2) (payment of certain arrears under certain orders
unenforceable without leave of the court) for “any county court” substitute
“the family court”.

171 (1) 30Paragraph 64 (orders for repayment in certain cases of sums paid under
certain orders) is amended as follows.

(2) In sub-paragraph (7) (application may be made in certain proceedings, or to
county court) for “a county court”, in each place, substitute “the family
court”.

(3) 35Omit sub-paragraph (8) (no limits on jurisdiction of county court under sub-
paragraph (7)).

172 (1) Paragraph 65 (orders for repayment in certain cases of sums paid after
cessation of order by reason of formation of subsequent civil partnership or
marriage) is amended as follows.

(2) 40In sub-paragraph (6) (application may be made in certain proceedings, or to
county court) for “a county court”, in each place, substitute “the family
court”.

(3) Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-
paragraph (6)).

Crime and Courts BillPage 205

(4) In sub-paragraph (8)(a) (liability of court officers in respect of orders for
periodical payments)—

(a) for “the designated officer for a magistrates’ court to whom any
payments under a payments order are required to be made”
5substitute “an officer of the family court”, and

(b) for “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,”.

(5) In sub-paragraph (10) (interpretation) for paragraphs (b) and (c) substitute
10“or

(aa) the officer of the family court,.

173 In paragraph 69 (alteration of maintenance agreements where both parties
are living)—

(a) in sub-paragraph (1) (courts to which application for alteration may
15be made) omit “or, subject to sub-paragraph (6), to a magistrates
court”,

(b) in sub-paragraph (6) (power to make order for alteration is subject to
paragraphs 70 and 71) for “paragraphs 70 and” substitute
“paragraph”.

174 20Omit paragraph 70 (limits on powers of magistrates’ court to deal with
applications for alterations).

175 In paragraph 73 (alterations of maintenance agreements after death of one
party)—

(a) in sub-paragraph (2) (application for alteration may be made to High
25Court or county court) omit the words from “High” to “county”, and

(b) in sub-paragraph (4) (court’s permission needed to make late
application) omit the words from “High” to “county”.

176 For paragraph 80(3)(b) (in Schedule 5 “the court” includes certain county
courts) substitute—

(b) 30the family court.

177 For the Schedule title substitute “Financial relief: provision corresponding to
provision made by Part 2 of the Matrimonial Causes Act 1973”.

178 Schedule 6 (financial relief in magistrates’ courts etc) is amended as follows.

179 In paragraph 1(1) (grounds of application to magistrates’ court for order for
35financial provision) for “a magistrates’ court” substitute “the family court”.

180 Omit paragraph 8 (refusal of order in case more suitable for High Court).

181 In paragraph 9(1) (application for order for payments agreed between
parties to a civil partnership) for “a magistrates’ court” substitute “the family
court”.

182 40In paragraph 15(1) (powers of court where parties living apart by
agreement) for “a magistrates’ court” substitute “the family court”.

183 (1) Paragraph 20 (circumstances in which interim orders may be made) is
amended as follows.

(2) In sub-paragraph (2) (circumstances in which magistrates’ court may make
45order)—

Crime and Courts BillPage 206

(a) for “A magistrates’ court” substitute “The family court”, and

(b) omit paragraph (b) (interim order may be made on refusal of order
on grounds that case more suitable for High Court) and the “or”
preceding it.

(3) 5Omit sub-paragraph (3) (circumstances in which High Court may make
interim order).

184 Omit paragraph 23 (interim orders: payments which can be treated as
having been paid on account).

185 (1) Paragraph 24 (when interim order ceases to have effect) is amended as
10follows.

(2) In sub-paragraph (1)(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”.

(3) In sub-paragraph (2) (interim order may be continued in force by order of
15court)—

(a) in paragraph (a) for “the magistrates’ court which made the order,
or” substitute “the family court,”, and

(b) omit paragraph (b).

186 Omit paragraph 25(1) (interim order of High Court on ordering rehearing by
20magistrates’ court to be treated, for certain purposes, as an order of that
magistrates’ court).

187 In paragraph 29(6) (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”.

188 25In paragraph 30 (variation, revocation, suspension and revival of orders for
periodical payments) in each of sub-paragraphs (1) and (2) for “a
magistrates’ court” substitute “the family court”.

189 In paragraph 31 (power to order lump sum on variation) in each of sub-
paragraphs (1) and (2) for “a magistrates’ court” substitute “the family
30court”.

190 In paragraph 35(1) (powers exercisable on varying an order) for “59(3)(a) to
(d) of the Magistrates’ Courts Act 1980 (c. 43)1980 (c. 43)” substitute “1(4) and (4A) of
the Maintenance Enforcement Act 1991”.

191 Omit paragraph 36 (variation by justices’ clerk).

192 35In paragraph 37 (exercise of powers)—

(a) in sub-paragraph (1) for “59(3)(a) to (d) of the 1980” substitute “1(4)
and (4A) of the 1991”, and

(b) omit sub-paragraph (2).

193 In paragraph 38 (further provision about exercise of powers)—

(a) 40in sub-paragraph (1)—

(i) for “59(4) of the 1980” substitute “1(6) of the 1991”,

(ii) for “paragraphs 35 and 36(4)” substitute “paragraph 35”, and

(iii) for “59” substitute “1 of the 1991 Act”, and

(b) in sub-paragraph (2)—

(i) 45omit “, or of a justices’ clerk,”, and

Crime and Courts BillPage 207

(ii) for 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.”

194 5In paragraph 39 (who may make application) for “, 31 or 36” substitute “or
31”.

195 In paragraph 40(1) (application by child for revival of periodical payments
order) in the words before paragraph (a), for “a magistrates’ court”
substitute “the family court”.

196 10Omit paragraphs 41 and 42 (variation by, and other powers of, a
magistrates’ court).

197 (1) Paragraph 44 (orders for repayment in certain cases of sums paid after
cessation of order by reason of formation of subsequent civil partnership or
marriage) is amended as follows.

(2) 15In sub-paragraph (4) (court’s power to order repayment or partial
repayment, or to dismiss application) for “the court” substitute “the family
court”.

(3) In sub-paragraph (6) (application may be made in enforcement proceedings,
or to county court)—

(a) 20after “may” insert “(but need not)”,

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

(c) omit the words after paragraph (a) (including the “but” at the end of
that paragraph).

(4) Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-
25paragraph (6)).

(5) In sub-paragraph (8) (liability of court officers)—

(a) in paragraph (a)—

(i) for “the designated officer for a magistrates’ court to whom
any payments under an order made under paragraph 2(1)(a),
30or Part 2 or 3, are required to be made” substitute “an officer
of the family court”, and

(ii) for “in pursuance of the order” substitute “, in pursuance of
an order under paragraph 2(1)(a), or Part 2 or 3, requiring
payments to be made to the court or an officer of the court,”,
35and

(b) in paragraph (b)—

(i) for “the order” substitute “an order”, and

(ii) for “after that date” substitute “, after the date on which that
order ceased to have effect because of the formation of a
40subsequent civil partnership or marriage by the person
entitled to payments under it,”.

198 In paragraph 46 (application of certain provisions of the Domestic
Proceedings and Magistrates’ Court Act 1978)—

(a) in paragraph (a) (powers of the High Court and a county court in
45relation to certain orders) for “a county court” substitute “the family
court”, and

(b) omit paragraphs (b) and (c) (appeals and constitution of courts).

Crime and Courts BillPage 208

199 (1) Paragraph 47 (jurisdiction and procedure) is amended as follows.

(2) Omit sub-paragraph (1) (limits on powers of magistrates’ courts to deal with
applications for orders under Schedule 6).

(3) In sub-paragraph (1A) (jurisdiction of magistrates’ courts where jurisdiction
5to be determined by reference to the Maintenance Regulation etc) for “a
magistrates’ court” substitute “the family court”.

(4) In sub-paragraph (2) (jurisdiction of magistrates’ court exercisable
notwithstanding that a party is not domiciled in England and Wales) for “a
magistrates’ court” substitute “the family court”.

200 10For the Schedule title substitute “Financial relief: provision corresponding to
provision made by the Domestic Proceedings and Magistrates’ Courts Act
1978”.

201 In Schedule 7, in the definition of “the court” in paragraph 19 (in Schedule 7
“the court” includes certain county courts) for the words after “High Court”
15substitute “or the family court”.

Childcare Act 2006 (c. 21)Childcare Act 2006 (c. 21)

202 The Childcare Act 2006 is amended as follows.

203 In section 72 (protection of children in an emergency)—

(a) in subsection (1) (application to justice of the peace for emergency
20order) for “a justice of the peace” substitute “the family court”, and

(b) in subsection (2) (grounds for granting application for emergency
order) for “the justice”, in both places, substitute “the court”.

204 In section 79 (power of constable to assist in exercise of powers of entry)—

(a) omit subsection (4) (which applies Schedule 11 to the Children Act
251989 to proceedings under section 79), and

(b) in subsection (5) (meaning of “the court”) for the words after “High
Court” substitute “or the family court”.

205 In section 98F (power of constable to assist in exercise of powers of entry)—

(a) omit subsection (5) (which applies Schedule 11 to the Children Act
301989 to proceedings under section 98F), and

(b) for subsection (6) (meaning of “the court”) substitute—

(6) In this section “court” means the High Court or the family
court.

Human Fertilisation and Embryology Act 2008 (c. 22)Human Fertilisation and Embryology Act 2008 (c. 22)

206 35In section 54(9)(a) of the Human Fertilisation and Embryology Act 2008
(parental orders: application of the Children Act 1989) for the words after
“England and Wales” substitute

(i) the court” means the High Court or the family court,
and

(ii) 40proceedings on the application are to be “family
proceedings” for the purposes of the Children Act
1989,

Crime and Courts BillPage 209

Children and Families (Wales) Measure 2010 (nawm 1)

207 The Children and Families (Wales) Measure 2010 is amended as follows.

208 In section 34 (protection of children in an emergency)—

(a) in subsection (1) (application to justice of the peace for emergency
5order) for “a justice of the peace” substitute “the family court”, and

(b) In subsection (2) (grounds for granting application for emergency
order) for “the justice”, in both places, substitute “the court”.

209 In section 43 (power of constable to assist in exercise of powers of entry)—

(a) omit subsection (4) (which applies Schedule 11 to the Children Act
101989 to proceedings under section 43), and

(b) in subsection (5) (meaning of “the court”) for the words after “High
Court” substitute “or the family court”.

Part 2 Repeals and revocations in consequence of Part 1 of this Schedule

210 15The provisions specified in the table are repealed or revoked to the extent
shown.

Reference Extent of repeal or revocation
Family Law Reform Act 1969
(c. 46)
Section 2(2).
Inheritance (Provision for
Family and Dependants) Act
1975 (c. 63)
Section 26(1).
Domestic Proceedings and
Magistrates’ Courts Act 1978
(c. 22)
20In Schedule 2, paragraph 9.
Magistrates’ Courts Act 1980
(c. 43)
In Schedule 7, paragraphs 105, 109, 163 and 164.
Magistrates’ Courts (Northern
Ireland) Order 1981
(S.I. 1981/1675 (N.I. 26))
In Schedule 6, paragraphs 21 and 25.

Matrimonial and Family
Proceedings Act 1984 (c. 42)
25In Schedule 1, paragraphs 16 and 26.
Family Law Act 1986 (c. 55) In Schedule 1, paragraph 24.
Family Law Reform Act 1987
(c. 42)
In Schedule 2, paragraphs 13, 45, 50, 70 and
89(2).
Children Act 1989 (c. 41) In Schedule 13, paragraph 42.
Courts and Legal Services Act
1990 (c. 41)
30Section 74(7).
In Schedule 16, paragraph 23.
Maintenance Enforcement Act
1991 (c. 17)
In Schedule 1, paragraphs 3, 13, 14, 18 and 21.
In Schedule 2, paragraphs 3 and 10.
Child Support Act 1991 (c. 48) Section 45(3) to (5).

Crime and Courts BillPage 210

Reference Extent of repeal or revocation
Maintenance Orders
(Reciprocal Enforcement) Act
1992 (c. 56)
In Schedule 1, paragraphs 2(7), 7, 9 and 15.
Child Support Act 1991
(Consequential
Amendments) Order 1994
(S.I. 1994/731)
Article 4.

5
Access to Justice Act 1999 (c. 22) In Schedule 13, paragraphs 73(1) to (3), 79 and
80.
Child Support, Pensions and
Social Security Act 2000
(c. 19)
Section 83(4).
10In Schedule 8, paragraph 10.
Adoption and Children Act
2002 (c. 38)
Section 100.
In Schedule 3, paragraph 75.
Courts Act 2003 (c. 39) In Schedule 8, paragraphs 69, 85, 88 to 90, 92(2),
151 to 153, 154(a), 155(2)(a), 157, 158(a), 159 to
15163, 169, 170, 193, 194, 195(2), 196(2), 268, 269,
336, 338 and 412.
Civil Partnership Act 2004
(c. 33)
In Schedule 27, paragraphs 91 to 94 and 96.
Constitutional Reform Act 2005
(c. 4)
In Schedule 4, paragraphs 171 to 174, 205, 206,
210, 253 and 254.
Courts Act 2003 (Consequential
Provisions) Order 2005 (S.I.
2005/886)
20In the Schedule, paragraph 57.

Civil Partnership (Family
Proceedings and Housing
Consequential Amendments)
Order 2005 (S.I. 2005/3336)
Article 3.

25
Lord Chancellor (Transfer of
Functions and
Supplementary Provisions)
(No 2) Order 2006 (S.I. 2006/
1016)
In Schedule 1, paragraphs 6 and 7.


30
Forced Marriage (Civil
Protection) Act 2007 (c. 20)
In section 1, the sections 63N and 63P to be
inserted into the Family Law Act 1996.
Access to Justice Act 1999
(Destination of Appeals)
(Family Proceedings) Order
2009 (S.I. 2009/871)
Article 3(2)(b) to (e) and (3).
35

Articles 5 to 8.
Article 9(3).
Civil Jurisdiction and
Judgments (Maintenance)
Regulations 2011 (S.I. 2011/
1484)
40In Schedule 7, paragraph 8.


Crime and Courts BillPage 211

Section 17

SCHEDULE 12 Gang-related injunctions: further amendments

1 Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-
related violence) is amended as follows.

2 5After section 46A insert—

Appeals

46B Appeals against decisions of youth courts

(1) An appeal lies to the Crown Court against a decision of a youth court
made under this Part.

(2) 10On an appeal under this section the Crown Court may make—

(a) whatever orders are necessary to give effect to its
determination of the appeal;

(b) whatever incidental or consequential orders appear to it to be
just.

(3) 15An order of the Crown Court made on an appeal under this section
(other than one directing that an application be re-heard by a youth
court) is to be treated for the purposes of section 42 as an order of a
youth court.

3 In section 48 (rules of court in relation to injunctions under Part 4)—

(a) 20in subsection (2) (rules of court may provide for appeal without
notice) omit “of the High Court or county court”, and

(b) in subsection (3) (decisions to which subsection (2) applies) for
“applies to a decision” substitute applies—

(a) to a decision under section 39(4)(a) that an application
25without notice be dismissed, and

(b) to a decision.

4 In section 49(1) (interpretation of Part 4) after the definition of “court”
insert—

5 In paragraph 1(2) of Schedule 5 (courts’ powers to remand person suspected
of breaching injunction: meaning of “the court”)—

(a) for “High Court or” substitute “High Court,”,

(b) before “and includes” insert “or a youth court”,

(c) 35omit the “and” following paragraph (a), and

(d) at the end of paragraph (b) insert , and

(c) in relation to a youth court, a judge of that court.

6 Schedule 5A (breach of injunction: powers of court in respect of under-18s)
is amended as follows.

7 (1) 40Paragraph 1 (power to make supervision order or detention order) is
amended as follows.

Crime and Courts BillPage 212

(2) In sub-paragraph (1) (pre-conditions for making of supervision order or
detention order)—

(a) in paragraph (a) for “is” substitute “has been”,

(b) before the “and” after paragraph (a) insert—

(aa) 5the person is still under the age of 18,,

(c) in paragraph (b) for “the court” substitute “a youth court”, and

(d) in the words following paragraph (b) for “the court” substitute “that
court”.

(3) Omit sub-paragraph (3) (power to grant supervision order or detention
10order is in addition to any other power of the court in relation to breach of
injunction).

(4) In sub-paragraph (9) (interpretation of Schedule 5A) omit the definition of
“appropriate court”.

8 In paragraph 4(11) (appropriate court may amend activity requirement in
15supervision order) for “the appropriate” substitute “a youth”.

9 In paragraph 5(5) (appropriate court may amend curfew requirement in
supervision order) for “the appropriate” substitute “a youth”.

10 In paragraph 6(7) (appropriate court may amend electronic monitoring
requirement in supervision order) for “the appropriate” substitute “a
20youth”.

11 In paragraph 8 (amendment of operative period of supervision order)—

(a) in sub-paragraph (1) (appropriate court may amend operative
period) for “The appropriate” substitute “A youth”, and

(b) in sub-paragraph (2) (court may make other amendments when
25amending operative period) for “The court may,” substitute “A
youth court may,”.

12 In paragraph 9(1) (change of area of residence of person subject to
supervision order) for “the appropriate” substitute “a youth”.

13 In paragraph 10(1) and (4) (application for revocation of supervision order
30to be made to appropriate court, and any further such application requires
that court’s consent) for “the appropriate” substitute “a youth”.

14 In paragraph 12 (non-compliance with supervision order)—

(a) in sub-paragraph (2) (injunction applicant may apply to appropriate
court on being informed of non-compliance) for “the appropriate”
35substitute “a youth”,

(b) omit sub-paragraph (5) (no power to make further order if defaulter
is aged 18 or over), and

(c) omit sub-paragraph (6) (powers to revoke supervision order etc are
in addition to any other powers of court in relation to breach of
40supervision order).

15 In paragraph 15(1) and (4) (application for revocation of detention order to
be made to appropriate court, and any further such application requires that
court’s consent) for “the appropriate” substitute “a youth”.

Crime and Courts BillPage 213

Section 18

SCHEDULE 13 Judicial appointments

Part 1 Judges of the Supreme Court: number and selection

5Introductory

1 The Constitutional Reform Act 2005 is amended as follows.

Number of judges to become maximum full-time equivalent number

2 (1) Section 23 (establishment of the Supreme Court) is amended as follows.

(2) In subsection (2) (Supreme Court consists of 12 judges)—

(a) 10for “12 judges appointed” substitute “the persons appointed as its
judges”, and

(b) after “by letters patent” insert “, but no appointment may cause the
full-time equivalent number of judges of the Court at any time to be
more than 12”.

(3) 15In subsection (3) (power to increase number of members of the Court) before
“number” insert “maximum full-time equivalent”.

(4) In subsection (7) (Court is duly constituted despite vacancy in membership
or presiding offices) omit “among the judges of the Court or”.

(5) After that subsection insert—

(8) 20For the purposes of this section, the full-time equivalent number of
judges of the Court is to be calculated by taking the number of full-
time judges and adding, for each judge who is not a full-time judge,
such fraction as is reasonable.

3 (1) Section 26 (selection of members of the Supreme Court) is amended as
25follows.

(2) In subsection (5) (Lord Chancellor to convene selection commission to fill
any vacancy among the members, or in the presiding offices, of the Court)
for “one of the offices mentioned in subsection (1),” substitute “the office of
President of the Court or in the office of Deputy President of the Court,”.

(3) 30After subsection (5) insert—

(5A) If—

(a) the full-time equivalent number of judges of the Court is less
than the maximum specified in section 23(2), or it appears to
the Lord Chancellor that the full-time equivalent number of
35judges of the Court will soon be less than that maximum, and

(b) the Lord Chancellor, or the senior judge of the Court, after
consulting the other considers it desirable that a
recommendation be made for an appointment to the office of
judge of the Court,

40the Lord Chancellor must convene a selection commission for the
selection of a person to be recommended.

Crime and Courts BillPage 214

(5B) In subsection (5A)(b) “the senior judge of the Court” means—

(a) the President of the Court, or

(b) if there is no President, the Deputy President, or

(c) if there is no President and no Deputy President, the senior
5ordinary judge.

Selection of persons to be recommended for appointment to the Court

4 (1) In section 27 (selection process) after subsection (1) insert—

(1A) The commission must have an odd number of members not less than
five.

(1B) 10The members of the commission must include—

(a) at least one who is non-legally-qualified,

(b) at least one judge of the Court,

(c) at least one member of the Judicial Appointments
Commission,

(d) 15at least one member of the Judicial Appointments Board for
Scotland, and

(e) at least one member of the Northern Ireland Judicial
Appointments Commission,

and more than one of the requirements may be met by the same
20person’s membership of the commission.

(1C) If the commission is convened for the selection of a person to be
recommended for appointment as President of the Court—

(a) its members may not include the President of the Court, and

(b) it is to be chaired by one of its non-legally-qualified members.

(1D) 25If the commission is convened for the selection of a person to be
recommended for appointment as Deputy President of the Court, its
members may not include the Deputy President of the Court.

(2) At the end of that section insert—

(11) For the purposes of this section a person is non-legally-qualified if
30the person—

(a) does not hold, and has never held, any of the offices listed in
Schedule 1 to the House of Commons Disqualification Act
1975 (judicial offices disqualifying for membership of the
House of Commons), and

(b) 35is not practising or employed as a lawyer, and never has
practised or been employed as a lawyer.

5 After section 27 insert—

27A Regulations about selection process

(1) The Lord Chancellor must by regulations made with the agreement
40of the senior judge of the Supreme Court—

(a) make further provision about membership of selection
commissions convened under section 26,

(b) make further provision about the process that is to be applied
in any case where a selection commission is required to be
45convened under section 26, and

Crime and Courts BillPage 215

(c) secure that, in every such case, there will come a point in the
process when a selection has to be accepted, either
unconditionally or subject only to matters such as the
selected person’s willingness and availability, by or on behalf
5of the Lord Chancellor.

(2) The regulations may in particular—

(a) provide for process additional to the selection process
applied by a selection commission under section 27(1),
including post-acceptance process;

(b) 10make provision as to things that are, or as to things that are
not, to be done by a selection commission—

(i) as part of the selection process applied by it under
section 27(1), or

(ii) in determining what that process is to be;

(c) 15provide for the Lord Chancellor to be entitled to require a
selection commission to reconsider a selection under section
27(1) or any subsequent selection;

(d) provide for the Lord Chancellor to be entitled to reject a
selection under section 27(1) or any subsequent selection;

(e) 20give other functions to the Lord Chancellor;

(f) provide for particular action to be taken by a selection
commission after it has complied with section 27;

(g) provide for the dissolution of a selection commission;

(h) provide for section 16(2)(a) or (b) not to apply in relation to
25functions of the Lord Chief Justice—

(i) as a member of a selection commission (including
functions of chairing a selection commission), or

Previous Next

Contents page 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-215 216-219 220-229 230-239 240-255 256-259 260-269 270-279 280-289 290-297 Last page