SCHEDULES

SCHEDULE 11Transfer of jurisdiction to family court

Part 1Amendments of enactments

Matrimonial and Family Proceedings Act 1984 (c. 42)

I192

1

Section 38 (transfer of family proceedings from High Court to county court) is amended as follows.

2

In subsection (1) (High Court's power to transfer proceedings) for “a county court” substitute “ the family court. ”

3

In subsection (2) (proceedings which are transferable under the section)—

a

in the words before paragraph (a), for “to a county court” substitute “ to the family court ”,

b

in paragraph (a) (proceedings commenced in High Court that are within jurisdiction of county court) for the words after “jurisdiction of” substitute “ the family court ”, and

c

in paragraph (c) (certain proceedings transferred to the High Court) omit the words from “from” to “county court”.

4

Omit subsections (3) to (3B) (identifying county court to which transfer to be made).

5

In subsection (5) (transferee court has jurisdiction), in the words before paragraph (a), for the words after “to” substitute “ the family court under this section, the family court— ”.

6

In the heading omit “to county court”.