SCHEDULES

SCHEDULE 11Transfer of jurisdiction to family court

Part 1Amendments of enactments

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

I184

1

Section 35 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership) is amended as follows.

2

In subsection (1) (circumstances in which court may exercise powers under subsection (2)) for “the court” substitute “ the family court ”.

3

In subsection (2) (power to order repayment or partial repayment, or to dismiss application) for “The court” substitute “ The family court ”.

4

In subsection (4) (application to be made in enforcement proceedings, or to county court)—

a

for “shall be made to a county court, except that such an application may” substitute “ may (but need not) ”,

b

omit “in the High Court or a county court”, and

c

omit the words after “of this Act”.

5

Omit subsection (6) (no limits on jurisdiction of county court under subsection (4)).

6

In subsection (7) (liability of court officers)—

a

in the words before paragraph (a)—

i

for “The designated officer for a magistrates' court to whom any payments under an order made under section 2(1)(a), 6 or 7 of this Act are required to be made,” substitute “ An officer of the family court, ”, and

ii

for “the first-mentioned order” substitute “ an order made under section 2(1)(a), 6 or 7 of this Act ”,

b

in paragraph (a)—

i

for “the designated officer,” substitute “ an officer of the family court, ”, and

ii

for “in pursuance of the first mentioned order” substitute “ , in pursuance of an order made under section 2(1)(a), 6 or 7 of this Act requiring payments to be made to the court or an officer of the court, ”, and

c

in the words after paragraph (b) for “first mentioned order”, in both places, substitute “ order made under section 2(1)(a), 6 or 7 of this Act ”.