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,
”
.