Family Law Act 1996

Enforcement powers of magistrates’ courts E+W

50 Power of magistrates’ court to suspend execution of committal order. E+W

(1) If, under section 63(3) of the M1 Magistrates’ Courts Act 1980, a magistrates’ court has power to commit a person to custody for breach of a relevant requirement, the court may by order direct that the execution of the order of committal is to be suspended for such period or on such terms and conditions as it may specify.

(2) In subsection (1) “a relevant requirement” means—

(a) an occupation order or non-molestation order;

(b) an exclusion requirement included by virtue of section 38A of the M2 Children Act 1989 in an interim care order made under section 38 of that Act; or

(c) an exclusion requirement included by virtue of section 44A of the Children Act 1989 in an emergency protection order under section 44 of that Act.

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.

Marginal Citations

M1 1980 c. 43.

M2 1989 c. 41.

51 Power of magistrates’ court to order hospital admission or guardianship. E+W

(1) A magistrates’ court has the same power to make a hospital order or guardianship order under section 37 of the M3 Mental Health Act 1983 or an interim hospital order under section 38 of that Act in the case of a person suffering from [F1 mental disorder within the meaning of that Act] who could otherwise be committed to custody for breach of a relevant requirement as a magistrates’ court has under those sections in the case of a person convicted of an offence punishable on summary conviction with imprisonment.

(2) In subsection (1) “a relevant requirement” has the meaning given by section 50(2).

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 Words in s. 51(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 1(4), 56(1), Sch. 1 para. 20(3); S.I. 2008/1900, arts. 1(1), 2(a) (with art. 3, Sch.)

Marginal Citations

M3 1983 c. 20.