SCHEDULES

SCHEDULE 11Transfer of jurisdiction to family court

Part 1Amendments of enactments

Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

I171

1

Section 19 (interim maintenance orders) is amended as follows.

2

In subsection (1) (courts' powers)—

a

in paragraph (a)—

i

for “the magistrates' court” substitute “ the family court ”, and

ii

omit the words from “or on refusing” to the end; and

b

omit paragraphs (b) and (c) (High Court and county court powers).

3

In subsection (3) (date from which payment may be required to be made) omit the words after “section 2, 6 or 7 of this Act”.

4

In subsection (5)(c) (interim order ceases to have effect on final order of magistrates' court or dismissal of application) for “a magistrates' court” substitute “ the family court ”.

5

In subsection (6) (interim order may be continued in force by order of court) for the words from “the magistrates' court which made the order” to “reheard,” substitute “the family court”.

6

Omit subsection (9) (interim order of High Court or county court on ordering rehearing by magistrates' court to be treated, for certain purposes, as an order of that magistrates' court).