SCHEDULES

SCHEDULE 11Transfer of jurisdiction to family court

Part 1Amendments of enactments

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

I151

1

Section 34A (variation of orders by magistrates' courts in England and Wales) is amended as follows.

2

In subsection (1) (application of certain provisions)—

a

for “a magistrates' court in England and Wales” substitute “ the family court ”, and

b

for paragraph (a) substitute—

a

section 1(3A) of the Maintenance Enforcement Act 1991;

3

In subsection (2) (court may exercise one of powers under subsection (3) upon varying order) for “a magistrates' court in England and Wales” substitute “ the family court ”.

4

In subsection (3) (available powers)—

a

in each of paragraphs (a) and (b) for the words from “the designated” to “Wales” substitute “ the court ”, and

b

in paragraph (b) for “59(6) of the Magistrates' Courts Act 1980” substitute “ 1(5) of the Maintenance Enforcement Act 1991 ”.

5

Omit subsections (4) to (8) (variation by justices' clerk).

6

In subsection (9) (deciding on exercise of powers)—

a

for “subsections (2) and (8)” substitute “ subsection (2) ”,

b

for “which of the” substitute “ whether to exercise any of its ”,

c

omit “it is to exercise”, and

d

after “debtor” insert “ or the creditor ”.

7

In subsection (10) (power to require account to be opened) for “Subsection (4) of section 59 of the Magistrates' Courts Act 1980” substitute “ Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 ”.

8

In subsection (11) (meaning of “creditor” and “debtor”) for “section 59 of the Magistrates' Courts Act 1980” substitute “ section 1 of the Maintenance Enforcement Act 1991 ”.

9

In the title for “magistrates' courts” substitute “ the family court ”.