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Domestic Proceedings and Magistrates' Courts Act 1978

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79Meaning of " domestic proceedings "

(1)For subsection (1) of section 56 of the Magistrates' Courts Act 1952 (which defines " domestic proceedings " for the purposes of that Act) there shall be substituted the following subsections—

(1)In this Act " domestic proceedings " means proceedings under any of the following enactments, that is to say—

(a)the [1920 c. 33.] Maintenance Orders (Facilities for Enforcement) Act 1920;

(b)section 87 or section 88 of the [1933 c. 12.] Children and Young Persons Act 1933;

(c)section 43 or section 44 of the [1948 c. 29.] National Assistance Act 1948;

(d)section 26 of the [1948 c. 43.] Children Act 1948 ;

(e)section 3 of the [1949 c. 76.] Marriage Act 1949 ;

(f)the [1957 c. 55.] Affiliation Proceedings Act 1957 ;

(g)the Guardianship of Minors Acts 1971 and 1973 ;

(h)Part I of the [1972 c. 18.] Maintenance Orders (Reciprocal Enforcement) Act 1972;

(i)Part II of the [1975 c. 72.] Children Act 1975 ;

(j)the [1976 c. 36.] Adoption Act 1976, except proceedings under section 34 of that Act;

(k)section 18 or section 19 of the [1976 c. 71.] Supplementary Benefits Act 1976;

(l)Part I of the Domestic Proceedings and Magistrates' Courts Act 1978 ;

(m)section 53 of this Act;

except that, subject to subsection (1A) below, it does not include—

(i)proceedings for the enforcement of any order made,

confirmed or registered under any of those enactments ;

(ii)proceedings for the variation of any provision for the periodical payment of money contained in an order made, confirmed or registered under any of those enactments; or

(iii)proceedings on an information in respect of the commission of an offence under any of those enactments.

(1A)The court before which there fall to be heard any of the following proceedings, that is to say—

(a)proceedings (whether under this Act or any other enactment) for the enforcement of any order made, confirmed or registered under any of the enactments specified in paragraphs (a) to (l) of subsection (1) of this section ;

(b)proceedings (whether under this Act or any other enactment) for the variation of any provision for the making of periodical payments contained in an order made, confirmed or registered under any of those enactments;

(c)proceedings for an attachment of earnings order to secure maintenance payments within the meaning of the [1971 c. 32.] Attachment of Earnings Act 1971 or for the discharge or variation of such an order; or

(d)proceedings for the enforcement of a maintenance order which is registered in a magistrates' court under Part II of the [1950 c. 37.] Maintenance Orders Act 1950 or Part I of the [1958 c. 39.] Maintenance Orders Act 1958 or for the variation of the rate of payments specified by such an order,

may if it thinks fit order that those proceedings and any other proceedings being heard therewith shall, notwithstanding anything in subsection (1) of this section, be treated as domestic proceedings for the purposes of this Act.

(1B)Where the same parties are parties—

(a)to proceedings which are domestic proceedings by virtue of subsection (1) of this section, and

(b)to proceedings which the court has power to treat as domestic proceedings by virtue of subsection (1A) of this section,

and the proceedings are heard together by a magistrates' court, the whole of those proceedings shall be treated as domestic proceedings for the purposes of this Act.

(1C)No appeal shall lie from the making of, or refusal to make, an order under subsection (1A) of this section.

(1D)Until the Adoption Act 1976 comes into force subsection (1) of this section shall have effect as if for paragraph (j) thereof there were substituted the following paragraph—

(j)the [1958 c. 5 (7 & 8 Eliz. 2).] Adoption Act 1958, the [1960 c. 59.] Adoption Act 1960 or Part I of the [1975 c. 72.] Children Act 1975, except proceedings under section 42 or 43 of the Adoption Act 1958..

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