SCHEDULES
SCHEDULE 11Transfer of jurisdiction to family court
Part 1Amendments of enactments
Children Act 1989 (c. 41)
I1115
1
Paragraph 6A (variation etc of orders for periodical payments) is amended as follows.
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.
”