Crime and Courts Act 2013

64 (1) Section 38 (orders for repayment of periodical payments mistakenly made) is amended as follows. U.K.

(2) In subsection (2) (powers of the court when dealing with an application for repayment) after “On an application under this section the court” insert “ to which the application is made ”.

(3) In subsection (3) (application for repayment may be made in enforcement proceedings, or to county court) for “a county court”, in each place, substitute “ the family court ”.

(4) Omit subsection (4) (no limits on jurisdiction of county court under subsection (3)).

(5) In subsection (6) (liability of court officers in respect of orders for periodical payments)—

(a) in the words before paragraph (a) for “The designated officer for a magistrates' court to whom any payments under a payments order are required to be made,” substitute “ An officer of the family court, ”, and

(b) in paragraph (a)—

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

(ii) for “in pursuance of the payments order” substitute “ , in pursuance of a payments order requiring payments to be made to the court or an officer of the court, ”.

(6) In subsection (7) (meaning of “collecting officer”) for “the registrar of a county court or the designated officer of a magistrates' court” substitute “ or the officer of the family court, ”.

Commencement Information

I1 Sch. 11 para. 64 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)