SCHEDULES
SCHEDULE 11Transfer of jurisdiction to family court
Part 1Amendments of enactments
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
I151
1
Section 34A (variation of orders by magistrates' courts in England and Wales) is amended as follows.
2
In subsection (1) (application of certain provisions)—
a
for “a magistrates' court in England and Wales” substitute “
the family court
”
, and
b
for paragraph (a) substitute—
a
section 1(3A) of the Maintenance Enforcement Act 1991;
3
In subsection (2) (court may exercise one of powers under subsection (3) upon varying order) for “a magistrates' court in England and Wales” substitute “
the family court
”
.
4
In subsection (3) (available powers)—
a
in each of paragraphs (a) and (b) for the words from “the designated” to “Wales” substitute “
the court
”
, and
b
in paragraph (b) for “59(6) of the Magistrates' Courts Act 1980” substitute “
1(5) of the Maintenance Enforcement Act 1991
”
.
5
Omit subsections (4) to (8) (variation by justices' clerk).
6
In subsection (9) (deciding on exercise of powers)—
a
for “subsections (2) and (8)” substitute “
subsection (2)
”
,
b
for “which of the” substitute “
whether to exercise any of its
”
,
c
omit “it is to exercise”, and
d
after “debtor” insert “
or the creditor
”
.
7
In subsection (10) (power to require account to be opened) for “Subsection (4) of section 59 of the Magistrates' Courts Act 1980” substitute “
Subsection (6) of section 1 of the Maintenance Enforcement Act 1991
”
.
8
In subsection (11) (meaning of “creditor” and “debtor”) for “section 59 of the Magistrates' Courts Act 1980” substitute “
section 1 of the Maintenance Enforcement Act 1991
”
.
9
In the title for “magistrates' courts” substitute “
the family court
”
.