Part IE+W Matrimonial Proceedings in Magistrates’ Courts

Modifications etc. (not altering text)

C1Pt. I (ss. 1-35) applied (with modifications) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), ss. 28, 28A

Provisions relating to High Court and county courtE+W

28 Powers of High Court and [F1family court] in relation to certain orders under Part I.E+W

(1)Where after the [F2making by the family court] of an order under this Part of this Act proceedings between, and relating to the marriage of, the parties to the proceedings in which that order was made have been commenced in the High Court or [F3the family court], then, except in the case of an order for the payment of a lump sum, the court in which the proceedings or any application made therein are or is pending may, if it thinks fit, direct that the order [F4under this Part] shall cease to have effect on such date as may be specified in the direction.

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Nothing in this section shall be taken as prejudicing the effect of any order made by the High Court or [F6the family court] so far as it implicitly supersedes or revokes an order or part of an order made by [F7the family court].

Textual Amendments

F2Words in s. 28(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 79(2)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3Words in s. 28(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 79(2)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4Words in s. 28(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 79(2)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5S. 28(2) repealed (1.10.1997) by 1996 c. 27, s. 66(3), Sch. 10 (with Sch. 9 paras. 5, 8-10); S.I. 1997/1892, art. 3(1)(d)(ii)

F6Words in s. 28(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 79(3)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7Words in s. 28(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 79(3)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)