Crime and Courts Act 2013 (c. 22)

SCHEDULES

Valid from 22/04/2014

SCHEDULE 11 U.K. Transfer of jurisdiction to family court

Part 1 U.K. Amendments of enactments

Children Act 1989 (c. 41) U.K.

102 U.K. The Children Act 1989 is amended as follows.

103 U.K. Omit section 11J(13) (section 11J is without prejudice to section 63(3) of the Magistrates' Courts Act 1980 as it applies in relation to contact orders).

104 U.K. In section 14(1) (enforcement of residence orders in magistrates' courts) omit “under section 63(3) of the Magistrates' Courts Act 1980”.

105 U.K. Omit section 15(2) (disapplication of powers of magistrates' courts in relation to maintenance orders).

106 U.K. In section 38B(4) (court's power to accept undertaking relating to interim care order is without prejudice to other powers of High Court and county court) for “county court” substitute “ family court ”.

107 U.K. In section 44B(4) (court's power to accept undertaking relating to emergency protection order is without prejudice to other powers of High Court and county court) for “county court” substitute “ family court ”.

108 U.K. In section 83(5) (direction to obtain information for research purposes) for “the designated officer for each magistrates' court to which the direction is expressed to relate” substitute “ an officer of the family court ”.

109 (1) Section 92 (jurisdiction of courts) is amended as follows. U.K.

(2) Omit subsections (1) to (5) (which relate to family proceedings in magistrates' courts).

(3) Omit subsection (6) (which introduces Part 1 of Schedule 11).

(4) In subsection (7) (meaning of “the court”) for “the High Court, a county court or a magistrates' court” substitute “ the High Court or the family court ”.

(5) In subsection (8) (which qualifies subsection (7)) omit the words from “the provision” to “Schedule 11 and to”.

(6) Omit subsections (9) to (10A) (Lord Chancellor's power by order to provide for principal registry of Family Division of High Court to be treated as a county court for specified purposes).

110 U.K. In section 93(2) omit paragraphs (d), (f), (g), (i) and (j) (rules of court: magistrates' courts).

111 U.K. Section 94 (appeals) is repealed.

112 U.K. Schedule 1 (financial provision for children) is amended as follows.

113 U.K. In paragraph 1(1) (financial provision for children: orders against parents)—

(a) for “may—” substitute “ may make one or more of the orders mentioned in sub-paragraph (2). ”, and

(b) omit paragraphs (a) and (b).

114 U.K. In paragraph 5 (provisions relating to lump sums), omit sub-paragraphs (2) and (4) (limits on amounts which may be ordered by magistrates' courts).

115 (1) Paragraph 6A (variation etc of orders for periodical payments) is amended as follows. U.K.

(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. ”

116 U.K. Omit paragraph 10(6) (limits on powers of magistrates' courts to deal with applications for alteration of maintenance agreements).

117 U.K. In paragraph 11 (alteration of maintenance agreement after death of one of the parties)—

(a) in sub-paragraph (1) (application to be made to High Court or county court) for “a county court” substitute “ the family court ”,

(b) in sub-paragraph (3) (power of High Court and county court to extend time limit for application) for “a county court” substitute “ the family court ”, and

(c) omit sub-paragraph (5) (limits on jurisdiction of county court).

118 U.K. In paragraph 12 (enforcement of orders for maintenance)—

(a) in sub-paragraph (1) (person obliged to make maintenance payments to give notice of change of address to person specified in magistrates' court order) for “a magistrates' court” substitute “ the family court ”, and

(b) omit sub-paragraph (3) (enforcement of orders made by magistrates' courts).

119 U.K. In paragraph 13 (High Court or county court may order settlement of instrument by conveyancing counsel) for “a county court” substitute “ the family court ”.

120 U.K. Omit paragraph 24(1) of Schedule 2 (enforcement of contribution orders made by magistrates' courts).

121 U.K. Omit Part 1 of Schedule 11 (jurisdiction).