SCHEDULES
SCHEDULE 11Transfer of jurisdiction to family court
Part 1Amendments of enactments
Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)
I17
1
Section 4 (power of court of summary jurisdiction to confirm maintenance order made outside the United Kingdom) is amended as follows.
2
In subsection (1) (procedure for determining whether order should be confirmed by court of summary jurisdiction)—
a
after “confirmed by” insert “
the family court or by
”
,
b
omit “England or” in the first place,
c
after “send the said documents” insert “
to the family court if it appears to the Lord Chancellor that the person is resident in England and Wales or
”
, and
d
after “court of summary jurisdiction”, in the second place, insert “
in Northern Ireland if it appears to the Lord Chancellor that the person is resident in Northern Ireland
”
.
3
In subsection (5A) (exercise of powers where a magistrates' court in England and Wales confirms a provisional order)—
a
for “a magistrates'” substitute “
the family
”
, and
b
for “shall” substitute “
may
”
.
4
In subsection (5B) (available powers)—
a
in each of paragraphs (a) and (b) for “the designated officer for the court or for any other magistrates' court” substitute “
the family 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
In subsection (5C) (deciding on exercise of powers)—
a
for “which of the” substitute “
whether to exercise any of its
”
, and
b
omit “it is to exercise”.
6
In subsection (5D) (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
”
.
7
In subsection (6) omit “Subject to subsection (6A),”.
8
Omit subsection (6A) (modifications of section 60 of the Magistrates' Courts Act 1980).