SCHEDULES

SCHEDULE 11Transfer of jurisdiction to family court

Part 1Amendments of enactments

Children Act 1989 (c. 41)

I1115

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

for “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

Omit 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 Enforcement 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

omit “, 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. ”