39U.K.The Magistrates' Courts Act 1980 is amended as follows.
Commencement Information
I1Sch. 10 para. 39 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
40U.K.In section 58(2) (sums recoverable summarily as a civil debt) omit paragraph (a) (including the “or” at the end).
Commencement Information
I2Sch. 10 para. 40 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
41(1)Section 59 (orders for periodical payment: means of payment) is amended as follows.U.K.
(2)In subsection (1) (duty to exercise powers under subsection (3))—
(a)omit the words from “then” preceding paragraph (a) to “maintenance order,” in paragraph (b), and
(b)for “that subsection” substitute “ subsection (3) below ”.
(3)Omit subsections (2), (3)(cc), (3A), (5), (7) to (12) (maintenance orders).
(4)In subsection (3) omit paragraphs (c) to (d).
Commencement Information
I3Sch. 10 para. 41 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
42(1)Section 59A (orders for periodical payment: proceedings by designated officer) is amended as follows.U.K.
(2)In subsections (1) and (2) for “a relevant UK order” substitute “an order made by a magistrates' court”.
(3)In subsection (7) (interpretation)—
(a)in the definition of “the relevant designated officer”—
(i)after paragraph (a) insert “ and ”, and
(ii)omit paragraph (c) and the “and” preceding it,
(b)omit the definition of “relevant UK order”, and
(c)omit the words after that definition.
Commencement Information
I4Sch. 10 para. 42 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
43U.K.Omit section 59B (power of magistrates' court to impose penalty for breach of certain maintenance orders).
Commencement Information
I5Sch. 10 para. 43 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
44U.K.In section 60 (variation etc of orders for periodical payments)—
(a)omit subsections (3) to (10B) (which relate to maintenance orders), and
(b)in subsection (11) (interpretation) omit paragraph (b) and the “and” preceding it.
Commencement Information
I6Sch. 10 para. 44 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
45U.K.In section 61(2) in the definition of “periodical payments order” omit the words from “, or registered” to “1958,”.
Commencement Information
I7Sch. 10 para. 45 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
46(1)Section 62 (payments required to be made to a child) is amended as follows.U.K.
(2)In subsection (1) omit paragraph (b) and the “or” preceding it.
(3)In subsection (3) omit “or registered in”.
(4)Omit subsection (6) (meaning of “registered”).
Commencement Information
I8Sch. 10 para. 46 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
47U.K.In section 64 (costs)—
(a)omit subsections (1A), (4) and (4A),
(b)in subsection (2) omit “or (4A)”, and
(c)in subsection (3) omit “Subject to subsection (4) below,”.
Commencement Information
I9Sch. 10 para. 47 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
48U.K.Omit sections 65 to 67, 68A, 69, 70, 71, 73, 74 and 75(2A) to (2C) (family proceedings in magistrates' courts).
Commencement Information
I10Sch. 10 para. 48 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
49U.K.Omit—
(a)sections 76(4) to (6), 92(1)(a) and 93 to 95 (enforcement of maintenance orders),
(b)in section 80(1) the words “or has ordered the enforcement of a sum due from a person under a magistrates' court maintenance order”, and
(c)in section 100 (evidence) paragraph (b) and the “or” preceding it.
Commencement Information
I11Sch. 10 para. 49 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
50(1)Section 111A (appeals on ground of error of law etc in family proceedings in a magistrates' court) is amended as follows.U.K.
(2)In subsection (1) for “family proceedings” substitute “ proceedings under the Child Support Act 1991 ”.
(3)In subsection (2) (appeal to a county court) for “a county” substitute “ the family ”.
(4)In subsection (3)(a) (other rights to appeal exclude right under subsection (2)) before “against” insert “ or the family court ”.
(5)Omit subsection (5) (meaning in the section of “family proceedings”).
(6)In the title for “family” substitute “ child support ”.
Commencement Information
I12Sch. 10 para. 50 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
51U.K.In section 112(2) (decisions on appeals under section 111A) for “a county” substitute “ the family ” in both places.
Commencement Information
I13Sch. 10 para. 51 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
52U.K.In section 144 (procedure rules for civil proceedings in magistrates' courts and before justices' clerks) after subsection (1) insert—
“(1ZA)Subsection (1) does not apply in relation to functions of justices' clerks given under section 31O(1)(a), or specified in section 31O(2), of the Matrimonial and Family Proceedings Act 1984 (functions in the family court).”
Commencement Information
I14Sch. 10 para. 52 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)