Part I

Matrimonial Proceedings in Magistrates’ Courts

Provisions relating to High Court and county court

Powers of High Court and family court in relation to certain orders under Part I.
28
1
Where after the making 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 the 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 under this Part shall cease to have effect on such date as may be specified in the direction.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Nothing in this section shall be taken as prejudicing the effect of any order made by the High Court or the family court so far as it implicitly supersedes or revokes an order or part of an order made by the family court.
S. 28(2) repealed (1.10.1997) by 1996 c. 27, s. 66(3), Sch. 10 (with Sch. 9 paras. 5, 8-10); S.I. 1997/1892, art. 3(1)(d)(ii)
Pt. I (ss. 1-35) applied (with modifications) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), ss. 28, 28A
S. 28 restricted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 6 para. 46; S.I. 2005/3175, art. 2(1), Sch. 1
Words in s. 28 heading substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 13
Words 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)
Words 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)
Words 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)
Words 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)
Words 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)