SCHEDULES
SCHEDULE 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
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Section 1.
SCHEDULE 2U.K. AMENDMENT OF ENACTMENTS CONSEQUENTIAL ON SECTION 1
Modifications etc. (not altering text)
1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)U.K.
2U.K.In section 1 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (provisions for registration and enforcement of maintenance orders made overseas), in subsection (2), for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division”.
The Administration of Estates Act 1925 (c.23)U.K.
3U.K.In section 23 of the Administration of Estates Act 1925 (grant of representation in the case of settled land), in subsections (3) and (4), for the words “Principal Probate Registry” substitute the words “principal registry of the Family Division of the High Court”.
4U.K.In section 47A of the said Act of 1925 (life interest of surviving spouse on an intestacy), in subsection (7), for the words “principal probate registrar” substitute the words “principal registrar of the Family Division of the High Court”.
5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Supreme Court of Judicature (Consolidation) Act 1925 (c. 49)U.K.
References to Probate Division and its President
[6U.K.In the following provisions of the Supreme Court of Judicature (Consolidation) Act 1925, for the words “Probate, Divorce and Admiralty Division” or “Probate Division”, in each place where they occur, substitute the words “Family Division”:—
section 2 (constitution of High Court), subsection (1) ;
section 3 (qualification to sit as judge), subsection (1) ;
section 4 (divisions of High Court), subsections (1)(iii) and (2) ;
section 6 (constitution of Court of Appeal), subsection (2) ;
section 9 (qualification of judges), subsection (3) ;
section 16 (precedence of judges), subsections (2) and (2a) ;
section 70 (commissioners of assize), subsections (3) and (5) ;
section 99 (rules of court), subsections (4) and (6) ;
section 100 (rules about non-contentious probate business), subsection (1) ;
section 108 (district probate registries), subsections (2), (3) and (5) ;
section 109 (clerks of district probate registries), subsections (1) and (2) ;
section 113 (power to abolish offices) ;
section 115 (tenure of officers of Supreme Court), subsection (3) ;
section 116 (appointment of deputies for court officers), subsection (4) ;
section 128A (district probate registrar), subsections (2) and (3)
section 152 (duties of district probate registrars), subsection (2), (3), (5) and (6) ;
section 156 (calendars of grants), subsection (2) ;
section 157 (copies of will to be delivered to Revenue) ;
section 172 (depositories of wills of living persons) ;
section 174 (seals for use in probate registries), subsection (1) ;
section 220 (documents filed in, or in custody of, central office), subsection (3) ;
Schedule 2 (district probate registries), paragraph 2 ;
Schedule 3, Part I (officers to whom special provisions as to appointment, retirement and pension apply).]
[ Other amendments in Parts I to VU.K.
7U.K.In section 5 of the said Act of 1925 (power to alter divisions by Order in Council), in subsection (1), for the words “on a report or reccomendation of the council of judges of the Supreme Court assembled in persuance of the provisions of Part Xof this Act”, substitute the words “on a recommendation of the Lord Chancellor, the Lord Cheif Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor”
8U.K.In section 56 of the said Act of 1925 (allocations of business to divisions)—
(a)
in subsection (1)(b), for the words “The wardship of infants and the care of infants’ estates” substitute—
“The appointment of a guardian of a minor’s estate alone;”
(b)
after subsection (1)(b) insert—
“(bb)all causes and matters involving the exercise of the High Court’s probate jurisdiction otherwise than in respect of non–contentious or common form probate business”;
(c)
after subsection (2)(a) insert—
“(aa)all causes and matters involving the exercise of the High Court’s Admiralty jurisdiction, or its jurisdiction as a prize court;”
(d)
for subsection (3) substitute—
“(3)To the Family Division—
(a)all causes and matters involving the exercise of the High Court’s probate jurisdiction in proceedings specified in schedule 1 to the Administration of Justice Act 1970;
(b)all causes and matters which under,or by virtue or in pursuance of, any other enactment for the time being in force are assigned to the Family Division.”
9U.K.For section 107 of the said Act of 1925 (principal probate registry) substitute—
“107The principal registry of the Family Division, for the purpose of non-contentious or common form probate business, shall remain in London, unless Her Majesty by Order in Council appoints some other place for it.”]
10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[11U.K.In Schedule 3 to the said Act of 1925, Part I (officers to whom special provisions as to appointment, retirement and pension apply), after the words “Assistant Master of the Supreme Court (King’s Bench Division)” insert the words “Admiralty Registrar”.]
[ Amendments of references in Part VII to principal probate registry and registrarU.K.
12U.K.In the following provisions of the said Act of 1925, for the words “the principal probate registry”, in each place where they occur, substitute the words “the principal registry of the Family Division”:—
section 126 (qualification for appointment to certain offices), subsection (3) ;
section 150 (application for grants) ;
section 151 (grants in district probate registries), subsection (3) ;
section 152 (duties of district probate registrars), subsections (1), (2), (3), (4) and (5) ;
section 154 (caveats), subsections (1) and (2) ;
section 156 (records of grants), subsection (1) ;
section 168 (resealing of Scottish confirmations), subsections (1), (2) and (3) ;
section 169 (resealing of Northern Irish grants), subsections (1), (2) and (3) ;
section 170 (deposit of wills, etc.) ;
section 171 (official copies of wills), paragraphs (b) and (c) ;
section 174 (seals for use in probate registries), subsection (1).]
[13U.K.In section 157 of the said Act of 1925 (copies of wills to be delivered to Commissioners of Inland Revenue), for the words “every probate registry” substitute the words “the principal registry of the Family Division and every district probate registry”.]
[14U.K.In the following provisions of the said Act of 1925, for the words “the principal probate registrar”, in each place where they occur, substitute the words “the principal registrar of the Family Division”:—
section 167 (administration bonds), subsection (2) ;
section 168 (re-sealing of Scottish confirmations), subsection (3) ;
section 169 (re-sealing of Northern Irish grants), subsection (2) ;
section 171 (official copies of wills), paragraph (c).]
[15U.K.In section 167 of the said Act of 1925 (administration bonds), in subsection (1), for the words from “senior” to “principal probate registrar”, where last occurring, substitute the words “principal registrar of the Family Division and, subject to the provisions of this section, if that registrar” ; and in subsection (4), for the words “the principal probate registrar” substitute the words “the principal registrar of the Family Division or, before the coming into force of section 1 of the Administration of Justice Act 1970, the principal probate registrar”.]
16U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Supreme Court Officers (Pensions) Act 1954 (c. 38)U.K.
[18U.K.In section 2 of the Supreme Court Officers (Pensions) Act 1954 (judges’ secretaries and clerks), in subsections (2), (5) and (6), for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division”.]
The Public Records Act 1958 (c. 51)U.K.
19U.K.In section 8 of the Public Records Act 1958 (deposit and custody of court records), in subsection (5), for the words “Probate Division” substitute the words “Family Division”.
[ The Judicial Pensions Act 1959 (c. 9)U.K.
20U.K.In Schedule 1 to the Judicial Pensions Act 1959 (judicial offices qualifying for pension at rates set out in section 1) for the words “Probate, Divorce and Admiralty Division” substitute the words “Probate, Divorce and Admiralty, or Family Division”.]
[ The County Courts Act 1959 (c. 22)U.K.
21U.K.In section 42 of the County Courts Act 1959 (jurisdiction by agreement in certain actions) for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division or have involved the exercise of the High Court’s Admiralty jurisdiction”.]
[22U.K.At the end of section 54(2) of the said Act of 1959 (transfer of equity proceedings from High Court to county court) insert the words “other than a matter in relation to which section 63 of this Act applies”.]
[23U.K.In section 62(1) of the said Act of 1959 (probate jurisdiction) and section 63 thereof (transfer of probate proceedings from High Court to county court), for the words “principal probate registry”, in each place where they occur, substitute the words “principal registry of the Family Division”.]
The County Courts Act 1959 (c.22)U.K.
24U.K.In section 64 of the said Act of 1959 (effect of order of judge in probate proceedings), in paragraph (a), after the word “principal” insert the words “registry of the Family Division” ; and, in paragraph (b), for the words “principal probate registry” substitute the words “principal registry of the Family Division”.
25U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Matrimonial Causes Act 1967 (c. 56)U.K.
26U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3E+W
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Sections 11, 12 and 14.
SCHEDULE 4U.K. Taxes, Social Insurance Contributions, etc. subject to Special Enforcement Provisions in Part II
1U.K.Income tax or any other tax or liability recoverable under section 65, 66 or 68 of the Taxes Management Act 1970.
2U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3E+W[Contributions equivalent premiums] under Part III of the [Pension Schemes Act 1993]
Textual Amendments
Marginal Citations
3AE+W+SClass 1, 2 and 4 contributions under Part I of the [Social Security Contributions and Benefits Act 1992].
Textual Amendments
Marginal Citations
4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULES 5–7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
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Section 28.
SCHEDULE 8U.K. Maintenance Orders for purposes of 1958 Act and Part II of this Act
1U.K.An order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the Matrimonial Causes Act 1965 (ancillary relief in actions for divorce etc.).
2U.K.An order for payments to or in respect of a child being an order made, or having effect as if made, under Part III of the said Act of 1965 (maintenance of children following divorce, etc.).
[2AU.K.An order for periodical or other payments made, or having effect as if made, under Pt. II of the Matrimonial Causes Act 1973].
Textual Amendments
Marginal Citations
3U.K.An order for maintenance or other payments to or in respect of a spouse or child being an order made, [under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978].
Textual Amendments
Marginal Citations
[4E+WAn order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.]
5U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6E+WAn order
[(a)made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989 [or under paragraph 3 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014]; or
(b)made under] . . . section 23 of the Ministry of Social Security Act 1966 [. . . section 18 of the Supplementary Benefits Act 1976] [or section 24 of the Social Security Act 1986] [or section 106 of the Social Security Administration Act 1992] (various provisions for obtaining contributions from a person whose dependants are assisted or maintained out of public funds)
7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8U.K.An order to which section 16 of the Maintenance Orders Act 1950 applies by virtue of subsection (2)(b) or (c) of that section (that is to say an order made by a court in Scotland or Northern Ireland and corresponding to one of those specified in the foregoing paragraphs) and which has been registered in a court in England and Wales under Part II of that Act.
Modifications etc. (not altering text)
Marginal Citations
9U.K.A maintenance order within the meaning of the Maintenance Orders (Facilities for Enforcement) Act 1920 (Commonwealth orders enforceable in the United Kingdom) registered in, or confirmed by, a court in England and Wales under that Act.
10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[11U.K. A maintenance order within the meaning of Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in [the family court] under the said Part I. ]
Textual Amendments
Marginal Citations
12E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13AE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13B.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[13C.U.K.A decision or maintenance arrangement which is registered in [the family court] under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007.]
[14U.K.An order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984.]
[15U.K.An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.]
Section 41.
SCHEDULE 9E+W Enforcement of Orders for Costs, Compensation, etc.
Modifications etc. (not altering text)
Part IE+W Cases where Payment Enforceable as on Summary Conviction
Costs awarded by magistratesE+W
1E+WWhere a magistrates’ court, on the summary trial of an information, makes an order as to costs to be paid by the accused to the prosecutor.
[1AE+WWhere a magistrates’ court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.]
2E+WWhere an appellant to [the Crown Court]against conviction or sentence by a magistrates’ court abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal.
Costs awarded by assizes and quarter sessionsE+W
3E+WWhere a person appeals to [the Crown Court]against conviction or sentence by a magistrates’ court, and [the Crown Court]makes an order as to costs to be paid by him.
4E+WWhere a person is prosecuted or tried on indictment . . . before [the Crown Court]and is convicted, and the court [makes an order as to costs to be paid by him].
[4AE+WWhere the Crown Court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.]
5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Costs awarded by Court of Appeal (criminal division) or House of LordsE+W
[6E+WWhere the criminal division of the Court of Appeal makes an order as to costs to be paid by—
(a)an appellant;
(b)an applicant for leave to appeal to that court; or
(c)in the case of an application for leave to appeal to the [Supreme Court], an applicant who was the appellant before the criminal division.]
8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous orders for costs, compensation, damages etc.E+W
[9E+WWhere a court makes an order by virtue of [regulations made under section 19(5) of the Prosecution of Offences Act 1985] for the payment of costs by an offender.]
[9AE+WWhere a court orders the payment of a charge in respect of relevant court costs under [section 46 of the Sentencing Code].]
[10E+WWhere under [Chapter 2 of Part 7 of the Sentencing Code] a court orders the payment of compensation.]
12E+WWhere under [section 380 of the Sentencing Code] a court orders any fine, . . . compensation or costs, or any sum awarded by way of satisfaction or compensation to be paid by the parent or guardian of a child or young person.
[[12A]E+WWhere under [section 42 of the Sentencing Code] a court orders the payment of a surcharge.]
[[12B]E+WWhere under section 4 of the Prevention of Social Housing Fraud Act 2013 a court makes an unlawful profit order.]
[12CE+WWhere under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.]
[ Where under section 5 of the Isle of Wight County Council Act 1971 a court adjudges a person to pay a sum of money in respect of extra expenses incurred by reason of the holding of an assembly or breach of a term or condition imposed under that section. ]
Textual Amendments
Marginal Citations
Part IIE+W Cases where costs enforceable summarily as civil debt
Costs awarded by magistratesE+W
[13E+WWhere a magistrates’ court makes an order as to costs to be paid by the prosecutor in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.]
14E+WWhere an appellant to [the Crown Court] from a magistrates’ court (otherwise than against conviction or sentence) abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal.
15E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Costs awarded by assizes and quarter sessionsE+W
[16E+WAny order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.]
[ Costs awarded by Court of Appeal (criminal division)E+W
16AE+WWhere the criminal division of the Court of Appeal makes an order as to costs to be paid by the respondent or, in the case of an application for leave to appeal to the [Supreme Court], an applicant who was the respondent before the criminal division, and does so in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.]
17–20E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
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Section 54.
Schedule 11U.K. Enactments Repealed
Modifications etc. (not altering text)
Chapter | Short Title | Extent of Repeal |
---|
33 & 34 Vict. c. 23. | The Forfeiture Act 1870. | In section 4, the words from “and the amount” onwards. |
49 & 50 Vict. c. 27. | The Guardianship of Infants Act 1886. | In section 5 the words from “and in every case” onwards. |
| | . . . |
| | . . . |
| | . . . |
| | In section 11, paragraph (a), and, in paragraph (c), the words “Englan d or”. |
4 & 5 Geo. 5. c. 59. | The Bankruptcy Act 1914. | Section 107(1) to (3). |
15 & 16 Geo. 5. c. 23. | The Administration of Estates Act 1925. | In section 30(3), the words “the Probate, Divorce and Admiralty Divisio n of”. |
15 & 16 Geo. 5. c. 59. | The Supreme Court of Judicature (Consolidation) Act 1925. | In section 5(1), the words “report or”. |
| | In section 58, the words from “and (4) Subject to rules of court” onwards. |
| | In section 63, in paragraph (b) of the proviso to subsection (6), the words “with the concurrence of the other judges of the Division or a majority thereof, or in the case of the King’s Bench Division”. |
| | In section 225, the definition of “Probat e Division”. |
23 &24 Geo. 5. c. 12. | The Children and Young Persons Act 1933. | Section 55(4). |
23 & 24 Geo. 5. c.38. | The Summary Jurisdiction (Appeals) Act 1933. | Section 5(2). |
11 & 12 Geo. 6. c. 58. | The Criminal Justice Act 1948. | Section 11(3). |
12, 13 and 14 Geo. 6. c. 87. | The Patents Act 1949. | Section 85(6). |
12, 13 and 14 Geo. 6. c. 88. | The Registered Designs Act 1949. | Section 28(6). |
15 & 16 Geo. 6. & I Eliz. 2. c. 48. | The Costs in Criminal Cases Act 1952. | Section 10(1) to (3); and in section 10(5) the words “under this section”, wherever occurring. |
15 & 16 Geo. 6. & 1 Eliz. 2. c. 55. | The Magistrates’ Courts Act 1952. | In section 34, the words from “and any sum” onwards. |
| In section 74(6)(a), the words “under the Maintenance Orders Ac t 1958”. |
| | Section 85(3). |
6 & 7 Eliz. 2. c. 39. | The Maintenance Orders Act 1958. | Section 4(3). |
| | Sections 6 to 8. |
| | Section 9(1), (3) and (6). |
| | Sections 10 to 15. |
| In section 21(1), the definitions of “attachment of earnings order”, “earnings”, “employer”, “excepte d sums” and “maintenance order”; and section 21(5). |
| | The Schedule. |
1959 c. 22. | The County Courts Act 1959. | Section 153(a). |
| | Section 154. |
1964 c. 42. | The Administration of Justice Act 1964. | Section 5(2). |
| | In Schedule 3, paragraph 25(2). |
1965 c. 72. | The Matrimonial Causes Act 1965. | In section 38(1), the words from “and any order” onwards. |
1966 c. 20. | The Ministry of Social Security Act 1966. | In section 23(6), the words from “and the Maintenance Orders Act 1958” onwards. |
| | In section 24(9), the words from “and the Maintenance Orders Act 1958” onwards. |
1966 c. 31. | The Criminal Appeal Act 1966. | Section 1(4) and (6)(b). |
| | Section 2(2). |
1967 c. 80. | The Criminal Justice Act 1967. | Section 46. |
| | Section 79(3) to (7). |
| | In section 84, the definition of “appropria te authority”. |
| | Schedule 1. |
1968 c. 19. | The Criminal Appeal Act 1968. | In Section 45(2), the words “of the Queen’s Bench Division of”. |
| | In Schedule 5, the entry relating to section 10(2) of the Costs in Criminal Cases Act 1952. |
1968 c. 36. | The maintenance Orders Act 1958. | In the Schedule, the entry relating to section 4 of the Maintenance Orders Act 1958. |
1969 c. 46. | The Family Law Reform Act 1969. | In section 4(5)(b), the words from “and be deemed” onwards. |
| | In section 6(7) the words from “and be deemed” onwards. |
1969 c. 54. | The Children and Young Persons Act 1969. | In section 3(6), the word “and” at the end of paragraph (b), and paragraph (c). |