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
”
.