Magistrates’ Courts Act 1980

Domestic proceedings E+W

65 Meaning of domestic proceedings. E+W

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

(a) the M1 Maintenance Orders (Facilities for Enforcement) Act 1920;

(b) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 3 of the M2 Marriage Act 1949;

[F2 (ca) Schedule 2 to the Civil Partnership Act 2004;]

F2 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

F4 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (ee) section 35 of the Matrimonial Causes Act 1973;]

[F6 (ef) paragraphs 69 to 72 of Schedule 5 to the Civil Partnership Act 2004;]

F6 (f) Part I of the M3 Maintenance Orders (Reciprocal Enforcement) Act 1972;

F4 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (h) the Adoption and Children Act 2002;]

(i) section 18 F8 of the M4 Supplementary Benefits Act 1976;

(j) Part I of the M5 Domestic Proceedings and Magistrates" Courts Act 1978;

[F9 (ja) Schedule 6 to the Civil Partnership Act 2004;]

F9 F10 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) section 60 of this Act;

[F11 (m) Part I of the Civil Jurisdiction and Judgments Act 1982, so far as that Part relates to the recognition or enforcement of maintenance orders;]

F12 (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 (mm) section 55A of the M6 Family Law Act 1986;]

[F15 (n) the Children Act 1989]

[F16 (nza) section 72 or section 79 of the Childcare Act 2006;]

[F17 (na) section 30 of the Human Fertilisation and Embryology Act 1990;]

[[F18 F19 (nb)] section 106 of the Social Security Administration Act 1992;]

(o) section 20 (so far as it provides, by virtue of an order under section 45 F20 , for appeals to be made to a court) F21 . . . of the Child Support Act 1991; except that, subject to subsection (2) 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.

[F22 (p) Part IV of the Family Law Act 1996;]

[F23 (q) sections 11 and 12 of the Crime and Disorder Act 1998;]

[F24 (r) Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [F25 , as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)] , so far as that Regulation relates to the recognition or enforcement of maintenance orders;]

[F26 (s) Council Regulation (EC) No 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, so far as that Regulation relates to jurisdiction, recognition and enforcement in parental responsibility matters;]

F26 (2) 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 (k) [F27 (m), (n) and [F28 , (p) and (r)]] of subsection (1) above;

(b) proceeding (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 M7 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 M8 Maintenance Orders Act 1950 or Part I of the M9 Maintenance Orders Act 1958 or for the variation of the rate of payments specified by such an order.

[F29 (e) [F30 proceedings under]section 20 (so far as it provides, by virtue of an order under section 45, for appeals to be made to a court) . . .of the Child Support Act 1991.]

may if it thinks fit order that those proceedings and any other proceedings being heard therewith shall, notwithstanding anything in subsection (1) above, be treated as [F31 family proceedings]for the purposes of this Act.

(3) Where the same parties are parties—

(a) to proceedings which are [F31 family proceedings] by virtue of subsection (1) above, and

(b) to proceedings which the court has power to treat as [F31 family proceedings] by virtue of subsection (2) above,

and the proceedings are heard together by a magistrates’ court, the whole of those proceedings shall be treated as [F31 family proceedings]for the purposes of this Act.

(4) No appeal shall lie from the making of, or refusal to make, an order under subsection (2) above.

(5) Until the M10 Adoption Act 1976 comes into force subsection (1) above shall have effect as if for paragraph (h) thereof there were substituted the following paragraph—

“(h) The Adoption Act 1958,the Adoption Act 1960 or Part I of the Children Act 1975, except proceedings under section 42 or 43 of the Adoption Act 1958.”

(6) Until the M11 Child Care Act 1980 comes into force subsection (1) above shall have effect as if for paragraph (k) thereof there were substituted the following paragraph—

“(k) Section 87 or section 88 of the Children and Young Persons Act 1933 or section 26 of the Children Act 1948.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S. 65(1)(b) repealed (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 166, 170, Sch. 15 Pt. 5 (subject to Sch. 13); S.I. 2009/462, art. 4; S.I. 2009/631, art. 2

F2 S. 65(1)(ca) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 65(1)(2); S.I. 2005/3175, art. 2, Sch. 1

F3 S. 65(d) repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(2)(4), Sch. 3 paras. 1, 6, Sch. 4

F4 S. 65(e)(g) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).

F5 S. 65(ee) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 44

F6 S. 65(1)(ef) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 65(1)(3); S.I. 2005/3175, art. 2, Sch. 1

F7 S. 65(1)(h) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 37 (with Sch. 4 paras. 6-8);S.I. 2005/2213, art. 2(o)

F8 Words repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(2)(4), Sch. 3 paras. 1, 6, Sch. 4

F9 S. 65(1)(ja) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 65(1)(4); S.I. 2005/3175, art. 2, Sch. 1

F10 S. 65(k) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1, 82), ss. 116, 125(7), Sch. 16 para. 40, Sch. 20; S.I. 1991/1883, art. 3, Sch.

F11 S. 65(1)(m) commencing “Part I of the Civil Jurisdiction and Judgments Act 1982" inserted (1.1.1987) by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 15(4), Sch. 12 Pt. I para. 7(a)

F12 S. 65(1)(m) commencing “section 24" (which was added (E.W.S.) (11.4.1988) by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(1), Sch. 10 Pt. II para. 54) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch. 1 (subject as mentioned in Local Government Finance Act 1992 (c. 14), s. 118)

F13 S. 65(1)(m) commencing 'section 4' (which was inserted (1.4.1989) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2), Sch. 2 para. 82, Sch. 3 paras. 1, 6) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F14 S. 65(1)(mm) inserted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 2(2) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)

F15 S. 65(1)(n) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92(11), 108(6), Sch. 11 Pt. II para. 8(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F16 S. 65(1)(nza) inserted (6.4.2007) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 2; S.I. 2007/1019, art. 4

F17 S. 65(1)(na) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 214(2); S.I. 2005/910, art. 3(y)

F18 S. 65(1)(n) as inserted by 1992 c. 6 renumbered as s. 65(1)(nb) (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 214(3); S.I. 2005/910, art. 3(y)

F19 S. 65(1)(n) inserted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 60

F20 S.I. 1993/961 provides for appeals on parentage issues to be made to a court instead of to a child support appeals tribunal.

F21 Words in s. 65(1)(o)(2)(e) repealed (1.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774, art. 2(d)

F22 S. 65(1)(p) inserted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 49 (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(b)

F23 S. 65(1)(q) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 42; S.I. 1998/2327, art. 2(1)(y)(2)(o)

F24 S. 65(1)(r) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 11(a)

F25 Words in s. 65(1)(r) inserted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), regs. 1, 5, Sch. para. 9

F26 S. 65(1)(s) inserted (1.3.2005) by The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/265), art. 4

F27 Words in s. 65(2)(a) substituted (1.10.1997) by virtue of S.I. 1997/1898, art. 2

F28 Words in s. 65(2)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 11(b)

F29 S. 65(2)(e) inserted (5.4.1993) by S.I. 1993/623, art. 3, Sch. 2 para. 2

F30 Words in 65(2)(e) inserted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 2(3) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)

F31 Words in s. 65(1)(2)(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C1 S. 65 excluded (14.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 60(3); S.I. 1991/2208, art. 2(1), Sch. 1

S. 65 extended (30.9.1998) by 1998 c. 37, s. 11(6); S.I. 1998/2327, art. 2(1)(c)

Marginal Citations

M1 1920 c. 33.

M2 1949 c. 76

M3 1972 c. 18.

M4 1976 c. 71.

M5 1978 c. 22.

M6 1986 c. 55.

M7 1971 c. 32.

M8 1950 c. 37.

M9 1958 c. 39

M10 1976 c. 36.

M11 1980 c. 5.

[F32 66 Composition of magistrates’ courts for family proceedings: general. E+W

(1) A magistrates’ court when hearing family proceedings shall be composed of—

(a) two or three lay justices; or

(b) a District Judge (Magistrates’ Courts) as chairman and one or two lay justices;

or, if it is not practicable for such a court to be so composed, a District Judge (Magistrates’ Courts) sitting alone.

(2) Except where such a court is composed of a District Judge (Magistrates’ Courts) sitting alone, it shall, so far as practicable, include both a man and a woman.

(3) In this section [F33 “lay justice” has the same meaning as in the Courts Act 2003] .]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F32 S. 66 substituted (31.8.2000) by 1999 c. 22, ss. 78, 108(1), Sch. 11 paras. 26, 27 (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

F33 Words in s. 66(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 215; S.I. 2005/910, art. 3(y)

[F34 67 Family proceedings courts. E+W

(1) Magistrates' courts—

(a) constituted in accordance with this section or section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts)), and

(b) sitting for the purpose of hearing family proceedings,

are to be known as family proceedings courts.

(2) A justice of the peace is not qualified to sit as a member of a family proceedings court to hear family proceedings of any description unless he has an authorisation extending to the proceedings.

(3) He has an authorisation extending to the proceedings only if he has been authorised by the [F35 Lord Chief Justice] to sit as a member of a family proceedings court to hear—

(a) proceedings of that description, or

(b) all family proceedings.

(4) The [F36 Lord Chief Justice may, after consulting the Lord Chancellor, by rules] make provision about—

(a) the grant and revocation of authorisations,

(b) the appointment of chairmen of family proceedings courts, and

(c) the composition of family proceedings courts.

(5) Rules under subsection (4) may confer powers on the [F37 Lord Chief Justice] with respect to any of the matters specified in the rules.

(6) Rules under subsection (4) may be made only after consultation with the Family Procedure Rule Committee.

(7) Rules under subsection (4) are to be made by statutory instrument.

(8) A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

[F38 (9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3) or (4) or the powers conferred on him by rules under subsection (4).]]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F34 S. 67 substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 49(1), 110; S.I. 2005/910, art. 3(r) (with saving for the effect of the amending provision 2003 c. 39, s. 49(1) (1.4.2005) by virtue of The Courts Act 2003 (Transitional Provisions, Savings and Consequential Provisions) Order 2005 (S.I. 2005/911, art. 8(1))

F35 Words in s. 67(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 101(2); S.I. 2006/1014, s. 2(a), Sch. 1 para. 11(e)

F36 Words in s. 67(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 101(3); S.I. 2006/1014, s. 2(a), Sch. 1 para. 11(e)

F37 Words in s. 67(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 101(4); S.I. 2006/1014, s. 2(a), Sch. 1 para. 11(e)

F38 S. 67(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 101(5); S.I. 2006/1014, s. 2(a), Sch. 1 para. 11(e)

Modifications etc. (not altering text)

C2 S. 67 modified (prosp.) by Courts Act 2003 (c. 39), ss. 66(4), 110

68 Combined domestic court panels. E+W

F39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F39 S. 68 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 49(2), 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(r)(aa)

69 Sittings of magistrates’ courts for domestic proceedings. E+W

(1) The business of magistrates’ courts shall, so far as is consistent with the due dispatch of business, be arranged in such manner as may be requisite for separating the hearing and determination of [F40 family proceedings] from other business.

(2) In the case of [F40 family proceedings] in a magistrates’ court other than proceedings under [F41 the Adoption and Children Act 2002], no person shall be present during the hearing and determination by the court of the proceedings except—

(a) officers of the court;

(b) parties to the case before the court, their [F42 legal representatives], witnesses and other persons directly concerned in the case;

(c) representatives of newspapers or news agencies;

(d) any other person whom the court may in its discretion permit to be present, so, however, that permission shall not be withheld from a person who appears to the court to have adequate grounds for attendance.

(3) In relation to any [F40 family proceedings] under [F41 the Adoption and Children Act 2002], subsection (2) above shall apply with the omission of paragraphs (c) and (d).

(4) When hearing [F40 family proceedings], a magistrates’ court may, if it thinks it necessary in the interest of the administration of justice or of public decency, direct that any persons, not being officers of the court or parties to the case, the parties’ [F43 legal representatives], or other persons directly concerned in the case, be excluded during the taking of any indecent evidence.

(5) The powers conferred on a magistrates’ court by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camera.

(6) Nothing in this section shall affect the exercise by a magistrates’ court of the power to direct that witnesses shall be excluded until they are called for examination.

(7) Until the coming into operation of the M12 Adoption Act 1976 this section shall have effect as if for any reference to that Act there were substituted a reference to the M13 Adoption Act 1958, the M14 Adoption Act 1960 and Part I of the M15 Children Act 1975.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F40 Words in s. 69(1)-(4) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F41 Words in s. 69(2)(3) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 38 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F42 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 82), s. 125(3), Sch. 18 para. 25(6)(a)

F43 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37, 82), s. 125(3), Sch. 18 para. 25(6)(b)

Marginal Citations

M12 1976 c. 36.

M13 1958 c. 5 (7 & 8 Eliz. 2).

M14 1960 c. 59.

M15 1975 c. 72.

70 Jurisdiction of magistrates’ courts in inner London for domestic proceedings. E+W

(1) A relevant court [F44 acting in an inner London local justice]F44 area shall, in addition to hearing proceedings which (apart from subsection (2) below) may be heard by a relevant court [F45 acting in that]F45 area, have jurisdiction to hear proceedings which could be heard before a relevant court [F46 acting in any]F46 other such area, but shall not exercise the jurisdiction conferred by this subsection except in such cases or classes of case as may be determined by the [F47 Lord Chancellor].

(2) A magistrates’ court [F48 acting in an inner London local justice]F48 area shall not hear any [F49 family proceedings] if the [F50 Lord Chancellor so determines]F50 .

(3) In this section—

• “relevant court” means a magistrates’ court when composed for the purpose of exercising jurisdiction to hear [F49 family proceedings];

• [F51 “inner London local justice area” means any local justice]F51 area falling wholly or partly within the area consisting of the inner London boroughs and the City of London.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F44 Words in s. 70(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(2)(a); S.I. 2005/910, art. 3(y)

F45 Words in s. 70(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(2)(b); S.I. 2005/910, art. 3(y)

F46 Words in s. 70(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(2)(c); S.I. 2005/910, art. 3(y)

F47 Words in s. 70(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(2)(d); S.I. 2005/910, art. 3(y)

F48 Words in s. 70(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(3)(a); S.I. 2005/910, art. 3(y)

F49 Words in s. 70(2)(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F50 Words in s. 70(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(3)(b); S.I. 2005/910, art. 3(y)

F51 Words in s. 70(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(4); S.I. 2005/910, art. 3(y)

71 Newspaper reports of domestic proceedings. E+W

[F52 (1) In the case of [F53 family proceedings] in a magistrates’ court F54 ... it shall not be lawful for a person to whom this subsection applies—

(a) to print or publish, or cause or procure to be printed or published, in a newspaper or periodical, or

(b) to include, or cause or procure to be included, in a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Great Britain,

any particulars of the proceedings other than such particulars as are mentioned in subsection (1A) below.

(1A) The particulars referred to in subsection (1) above are—

(a) the names, addresses and occupations of the parties and witnesses;

(b) the grounds of the application, and a concise statement of the charges, defences and counter-charges in support of which evidence has been given;

(c) submissions on any point of law arising in the course of the proceedings and the decision of the court on the submissions;

(d) the decision of the court, and any observations made by the court in giving it.

(1B) Subsection (1) above applies—

(a) in relation to paragraph (a) of that subsection, to the proprietor, editor or publisher of the newspaper or periodical, and

(b) in relation to paragraph (b) of that subsection, to any body corporate which provides the service in which the programme is included and to any person having functions in relation to the programme corresponding to those of an editor of a newspaper.]

(2) In the case of [F53 family proceedings] in a magistrates’ court under [F55 the Adoption and Children Act 2002], [F56 subsection (1A)]above shall apply with the omission of paragraphs (a) and (b) F57 ...

(3) Any person acting in contravention of this section shall be liable on summary conviction to a fine not exceeding [F58 level 4 on the standard scale].

(4) No prosecution for an offence under this section shall be begun without the consent of the Attorney General.

(5) Nothing in this section shall prohibit the printing or publishing of any matter in a newspaper or periodical of a technical character bona fide intended for circulation among members of the legal or medical professions.

(6) Until the coming into operation of the M16 Adoption Act 1976 this section shall have effect as if for any reference to that Act there were substituted a reference to the M17 Adoption Act 1958, the M18 Adoption Act 1960 and Part I of the M19 Children Act 1975.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F52 S. 71(1)(1A)(1B) substituted (1.1.1991) for s. 71(1) by Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6), 203(1), Sch. 20 para. 29(2)

F53 Words in s. 71(1)(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F54 Words in s. 71(1) repealed (30.12.2005) by virtue of 2002 c. 38, ss. 139, 148, Sch. 3 para. 39(a), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)

F55 Words in s. 71(2) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 39(b)(i) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F56 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 29(2)

F57 Words in s. 71(2) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 39(b)(ii), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I 2005/2897, {art. 2}

F58 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Modifications etc. (not altering text)

C3 S. 71 applied (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 97(8), 108(6) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Marginal Citations

M16 1976 c. 36.

M17 1958 c. 5 (7 & 8 Eliz. 2).

M18 1960 c. 59.

M19 1975 c. 72.

F59 72 Report by probation officer on means of parties. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F59 S. 72 repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 61, Sch. 8; S.I. 2001/919, art. 2(f)(ii)

73 Examination of witnesses by court. E+W

Where in any [F60 family proceedings], or in any proceedings for the enforcement or variation of an order made in [F60 family proceedings], it appears to a magistrates’ court that any party to the proceedings who is not legally represented is unable effectively to examine or cross-examine a witness, the court shall ascertain from that party what are the matters about which the witness may be able to depose or on which the witness ought to be cross-examined, as the case may be, and shall put, or cause to be put, to the witness such questions in the interests of that party as may appear to the court to be proper.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F60 Words in s. 73 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

74 Reasons for decisions in domestic proceedings. E+W

(1) [F61 Rules of court may]F61 make provision for the recording by a magistrates’ court, in such manner as may be prescribed by the rules, of reasons for a decision made in such [F62 family proceedings] or class of [F62 family proceedings] as may be so prescribed, and for making available a copy of any record made in accordance with those rules of the reasons for a decision of a magistrates’ court to any person who requests a copy thereof for the purposes of an appeal against that decision or for the purpose of deciding whether or not to appeal against that decision.

(2) A copy of any record made by virtue of this section of the reasons for a decision of a magistrates’ court shall, if certified by such officer of the court as may be prescribed, be admissible as evidence of those reasons.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F61 Words in s. 74(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 217; S.I. 2005/910, art. 3(y)

F62 Words in s. 74(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)