SCHEDULES

SCHEDULE 10The family court

Part 2The family court: further amendments

County Courts Act 1984 (c. 28)

I164

The County Courts Act 1984 is amended as follows.

I265

In section 4(1) (certain public buildings may be used for county court sittings free of charges other than charges for light, heat and cleaning) before “, there is a building” insert “ or a sitting of the family court is held ”.

I366

1

In section 38(3) (county court does not have power to make certain orders) for “A county court shall not have” substitute “ Neither the county court nor the family court has ”.

2

In section 38(4) (regulations about orders which court may not make) after paragraph (d) insert

; and

e

may make different provision for different purposes.

I467

Omit sections 40(9) and 42(8) and, in section 41(2), the words after “prerogative orders)” (references to family jurisdiction of county court).

I568

In section 57 (evidence of prisoners) after subsection (4) insert—

5

This section applies in relation to the family court as it applies in relation to the county court.

I669

In section 61 (rights of audience by direction) after subsection (3) insert—

3A

Subsections (1) to (3) apply in relation to the family court as they apply in relation to the county court.

I770

In section 71 (satisfaction of orders for payment of costs etc) after subsection (2) insert—

3

Subsections (1) and (2), so far as relating to costs, apply in relation to the family court as they apply in relation to the county court.

I871

In section 131 (appointment of auditors etc) after “controlling the accounts of” insert “ the family court or ”.

I972

In section 132 (payments of expenses etc)—

a

in paragraph (b) (costs of books etc) after “offices” insert “ , and the family court and its offices, ”,

b

in paragraph (c) (costs of transport to prison) after “committed by” insert “ the family court or ”, and

c

in paragraph (d) (all other expenses arising out of any jurisdiction conferred) after “conferred” insert “ on the family court or any officer of the family court or ”.