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).