SCHEDULES

SCHEDULE 11Transfer of jurisdiction to family court

Part 1Amendments of enactments

Civil Partnership Act 2004 (c. 33)

I1197

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

In 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

after “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-paragraph (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), or 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, ”, and

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 subsequent civil partnership or marriage by the person entitled to payments under it, ”.