Part II Civil Jurisdiction and Procedure
Jurisdiction to issue summons and deal with complaints
C35C1F151Issue of summons on complaint
Where a complaint relating to a person is made to a justice of the peace, the justice of the peace may issue a summons to the person requiring him to appear before a magistrates' court to answer to the complaint.
52 Jurisdiction to deal with complaints.
F21
A magistrates' court has jurisdiction to hear any complaint.
2
But subsection (1) is subject to provision made by any enactment.
Hearing of complaint
53 Procedure on hearing.
C21
On the hearing of a complaint, the court shall, if the defendant appears, state to him the substance of the complaint.
C22
The court, after hearing the evidence and the parties, shall make the order for which the complaint is made or dismiss the complaint.
C33
Where a complaint is for an order for the payment of a sum recoverable summarily as a civil debt, or for the variation of the rate of any periodical payments ordered by a magistrates’ court to be made, or for such other matter as may be prescribed, the court may make the order with the consent of the defendant without hearing evidence.
F1074
Subsections (1) to (3) are subject, for the purposes of family proceedings in any magistrates’ court, to other provision made by Family Procedure Rules.
C4C3654F110Adjournment and stays
1
A magistrates’ court may at any time, whether before or after beginning to hear a complaint, adjourn the hearing, and may do so, notwithstanding anything in this Act, when composed of a single justice.
2
The court may when adjourning either fix the time and place at which the hearing is to be resumed or, unless it remands the defendant under section 55 below, leave the time and place to be determined later by the court; but the hearing shall not be resumed at that time and place unless the court is satisfied that the parties have had adequate notice thereof.
F1113
In family proceedings a magistrates’ court may stay the whole or part of any proceedings or order either generally or until a specified date or event.
4
Subsections (1) and (2) are subject, for the purpose of family proceedings in any magistrates’ court, to other provision made by Family Procedure Rules.
C5C3755 Non-appearance of defendant.
1
Where at the time and place appointed for the hearing or adjourned hearing of a complaint the complainant appears but the defendant does not, the court may, subject to subsection (3) below, proceed in his absence.
C6C7C332
Where the court, instead of proceeding in the absence of the defendant, adjourns, or further adjourns, the hearing, the court may, if the complaint has been substantiated on oath, and subject to the following provisions of this section, issue a warrant for his arrest.
C83
The court shall not begin to hear the complaint in the absence of the defendant or issue a warrant under this section unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on him within what appears to the court to be a reasonable time before the hearing or adjourned hearing or the defendant has appeared on a previous occasion to answer to the complaint.
C84
Where the defendant fails to appear at an adjourned hearing, the court shall not issue a warrant under this section unless it is satisfied that he has had adequate notice of the time and place of the adjourned hearing.
5
Where the defendant is arrested under a warrant issued under this section, the court may, on any subsequent adjournment of the hearing, but subject to the provisions of subsection (6) below, remand him.
6
The court shall not issue a warrant or remand a defendant under this section or further remand him by virtue of section 128(3) below after he has given evidence in the proceedings.
7
Where the court remands the defendant, the time fixed for the resumption of the hearing shall be that at which he is required to appear or be brought before the court in pursuance of the remand.
8
A warrant under this section shall not be issued in any proceedings for the recovery or enforcement of a sum recoverable summarily as a civil debt or in proceedings in any matter of bastardy.
F1069
Subsections (1) to (8) are subject, for the purpose of family proceedings in any magistrates’ court, to other provision made by Family Procedure Rules.
56 Non-appearance of complainant.
F116Subject to other provision made by Family Procedure Rules for the purposes of family proceedings in any magistrates’ court, where at the time and place appointed for the hearing or adjourned hearing of a complaint the defendant appears but the complainant does not, the court may dismiss the complaint or, if evidence has been received on a previous occasion, proceed in the absence of the complainant.
57 Non-appearance of both parties.
F117Subject to other provision made by Family Procedure Rules for the purposes of family proceedings in any magistrates’ court, where at the time and place appointed for the hearing or adjourned hearing of a complaint neither the complainant nor the defendant appears, the court may dismiss the complaint.
F103Transfer of civil proceedings (other than family proceedings)
57APower to transfer civil proceedings (other than family proceedings)
1
A magistrates' court may at any time, whether before or after beginning to hear a complaint, transfer the hearing to another magistrates' court.
2
But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.
3
This section does not apply to family proceedings.
4
The power of the court under this section to transfer a hearing must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.
Civil debt
58 Money recoverable summarily as civil debt.
1
A magistrates’ court shall have power to make an order on complaint for the payment of any money recoverable summarily as a civil debt.
2
Any sum payment of which may be ordered by a magistrates’ court shall be recoverable summarily as a civil debt except—
a
a sum recoverable on complaint for F3a magistrates’ court maintenance order; or
b
a sum that may be adjudged to be paid by a summary conviction or by an order enforceable as if it were a summary conviction.
Orders for periodical payment
C959F4 Orders for periodical payment: means of payment.
1
In any case where a magistrates’ court orders money to be paid periodically by one person (in this section referred to as “the debtor”) to another (in this section referred to as “the creditor”), then—
a
if the order is a qualifying maintenance order, the court shall at the same time exercise one of its powers under paragraphs (a) to (d) of subsection (3) below;
b
if the order is not a maintenance order, the court shall at the same time exercise one of its powers under paragraphs (a) and (b) of that subsection.
2
For the purposes of this section a maintenance order is a “qualifying maintenance order” if, at the time it is made, the debtor is ordinarily resident in England and Wales.
C103
The powers of the court are—
a
the power to order that payments under the order be made directly by the debtor to the creditor;
b
the power to order that payments under the order be made to F5the designated officer for the court or for any other magistrates' court;
c
the power to order that payments under the order be made by the debtor to the creditor by such method of payment falling within subsection (6) below as may be specified;
F6cc
the power to order that payments under the order be made in accordance with arrangements made by the Secretary of State for their collection;
d
the power to make an attachment of earnings order under the Attachment of Earnings Act 1971 to secure payments under the order.
F73A
No order made by a magistrates’ court under paragraphs (a) to (d) of subsection (3) above (other than one made under paragraph (cc)) shall have effect at any time when the Secretary of State is arranging for the collection of payments under the qualifying maintenance order concerned.
C11C12C134
In any case where—
a
the court proposes to exercise its power under paragraph (c) of subsection (3) above, and
b
having given the debtor an opportunity of opening an account from which payments under the order may be made in accordance with the method of payment proposed to be ordered under that paragraph, the court is satisfied that the debtor has failed, without reasonable excuse, to open such an account,
the court in exercising its power under that paragraph may order that the debtor open such an account.
5
In deciding, in the case of a maintenance order, which of the powers under paragraphs (a) to (d) of subsection (3) above F8(other than paragraph (cc)) it is to exercise, the court having (if practicable) given them an opportunity to make representations shall have regard to any representations made—
a
by the debtor,
b
by the creditor, and
c
if the person who applied for the maintenance order is a person other than the creditor, by that other person.
6
The methods of payment referred to in subsection (3)(c) above are the following, that is to say—
a
payment by standing order; or
b
payment by any other method which requires one person to give his authority for payments of a specific amount to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him.
7
Where the maintenance order is an order—
a
under the Guardianship of Minors Acts 1971 and 1973,
b
under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 F9or Schedule 6 to the Civil Partnership Act 2004 , or
c
under, or having effect as if made under, Schedule 1 to the Children Act 1989,
and the court does not propose to exercise its power under F10paragraph (c), (cc) or (d) of subsection (3) above, the court shall, unless upon representations expressly made in that behalf by the person who applied for the maintenance order it is satisfied that it is undesirable to do so, exercise its power under paragraph (b) of that subsection.
C148
The F11Lord Chancellor may by regulations confer on magistrates’ courts, in addition to their powers under paragraphs (a) to (d) of subsection (3) above, the power (the “additional power”) to order that payments under a qualifying maintenance order be made by the debtor to the creditor or F12the designated officer for a magistrates' court (as the regulations may provide) by such method of payment as may be specified in the regulations.
9
Any reference in any enactment to paragraphs (a) to (d) of subsection (3) above (but not a reference to any specific paragraph of that subsection) shall be taken to include a reference to the additional power, and the reference in subsection (10) below to the additional power shall be construed accordingly.
C1410
Regulations under subsection (8) above may make provision for any enactment concerning, or connected with, payments under maintenance orders to apply, with or without modifications, in relation to the additional power.
C1411
The power of the F11Lord Chancellor to make regulations under subsection (8) above shall be exercisable by statutory instrument and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F1312
For the purposes of this section—
a
the reference in subsection (1) above to money paid periodically by one person to another includes, in the case of a maintenance order, a reference to a lump sum paid by instalments by one person to another; and
b
references to arrangements made by the Secretary of State for the collection of payments are to arrangements made by him under section 30 of the Child Support Act 1991 and regulations made under that section.
59AF14 Orders for periodical payment: proceedings by F15designated officer.
1
Where payments under a relevant UK order are required to be made periodically—
a
to or through F16the designated officer for a magistrates' court, or
b
by any method of payment falling within section 59(6) above,
and any sums payable under the order are in arrear, F17the relevant designated officer shall, if the person for whose benefit the payments are required to be made so requests in writing, and unless it appears F18to that designated officer that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of those sums.
2
Where payments under a relevant UK order are required to be made periodically to or through F19the designated officer for a magistrates' court, the person for whose benefit the payments are required to be made may, at any time during the period in which the payments are required to be so made, give authority in writing to F20the relevant designated officer for him to proceed as mentioned in subsection (3) below.
3
Where authority under subsection (2) above is given to F21the relevant designated officer, he shall, unless it appears to him that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of any sums payable to or through him under the order in question which, on or after the date of the giving of the authority, fall into arrear.
4
In any case where—
a
authority under subsection (2) above has been given to F22the relevant designated officer, and
b
the person for whose benefit the payments are required to be made gives notice in writing to the F23relevant designated officer cancelling the authority,
the authority shall cease to have effect and, accordingly, the F24relevant designated officer shall not continue any proceedings already commenced by virtue of the authority.
5
The person for whose benefit the payments are required to be made shall have the same liability for all the costs properly incurred in or about proceedings taken under subsection (1) above at his request or under subsection (3) above by virtue of his authority (including any costs incurred as a result of any proceedings commenced not being continued) as if the proceedings had been taken by him.
6
Nothing in subsection (1) or (3) above shall affect any right of a person to proceed in his own name for the recovery of sums payable on his behalf under an order of any court.
7
In this section—
F25“the relevant designated officer”, in relation to an order, means—
- a
in a case where payments under the order are required to be made to or through the designated officer for a magistrates' court, the designated officer for that magistrates' court;
- b
in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was made by a magistrates' court, the designated officer for that magistrates' court; and
- c
in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was not made by a magistrates' court, the designated officer for the magistrates' court in which the order is registered;
- a
“relevant UK order” means—
- a
an order made by a magistrates’ court, other than an order made by virtue of Part II of the M1Maintenance Orders (Reciprocal Enforcement) Act 1972;
- b
an order made by the High Court or a county court (including an order deemed to be made by the High Court by virtue of section 1(2) of the M2Maintenance Orders Act 1958) and registered under Part I of that Act of 1958 in a magistrates’ court; or
- c
an order made by a court in Scotland or Northern Ireland and registered under Part II of the M3Maintenance Orders Act 1950 in a magistrates’ court;
- a
and any reference to payments required to be made periodically includes, in the case of a maintenance order, a reference to instalments required to be paid in respect of a lump sum payable by instalments.
59BF26Maintenance orders: penalty for breach.
1
In any case where—
a
payments under a relevant English maintenance order are required to be made periodically in the manner mentioned in paragraph (a) or (b) of section 59A(1) above, and
b
the debtor fails, on or after the date of commencement of this section, to comply with the order in so far as the order relates to the manner of payment concerned,
the person for whose benefit the payments are required to be made may make a complaint to a relevant justice giving details of the failure to comply.
2
If the relevant justice is satisfied that the nature of the alleged failure to comply may be such as to justify the relevant court in exercising its power under subsection (3) below, he shall issue a summons directed to the debtor requiring him to appear before the relevant court to answer the complaint.
3
On the hearing of the complaint, the relevant court may order the debtor to pay a sum not exceeding £1000.
4
Any sum ordered to be paid under subsection (3) above shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates’ court.
5
In this section—
“debtor” has the same meaning as it has in section 59 above;
F27“the relevant court”, in relation to an order, means—
- a
in a case where payments under the order are required to be made to or through the designated officer for a magistrates' court, that magistrates' court;
- b
in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was made by a magistrates' court, that magistrates' court; and
- c
in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was not made by a magistrates' court, the magistrates' court in which the order is registered;
- a
“relevant English maintenance order” means—
- a
a maintenance order made by a magistrates’ court, other than an order made by virtue of Part II of the M4Maintenance Orders (Reciprocal Enforcement) Act 1972; or
- b
an order made by the High Court or a county court (other than an order deemed to be made by the High Court by virtue of section 1(2) of the M5Maintenance Orders Act 1958) and registered under Part I of that Act of 1958 in a magistrates’ court;
- a
“relevant justice”, in relation to a relevant court, means a justice of the peace F28acting in the local justice area in which the relevant court is acting;
and any reference to payments required to be made periodically includes a reference to instalments required to be paid in respect of a lump sum payable by instalments.
C15C1660F29 Revocation, variation, etc. of orders for periodical payment.
C171
Where a magistrates’ court has made an order for money to be paid periodically by one person to another, the court may, by order on complaint, revoke, revive or vary the order.
2
The power under subsection (1) above to vary an order shall include power to suspend the operation of any provision of the order temporarily and to revive the operation of any provision so suspended.
C183
Where the order mentioned in subsection (1) above is a maintenance order, the power under that subsection to vary the order shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under paragraphs (a) to (d) of section 59(3) above.
C194
In any case where—
a
a magistrates’ court has made a maintenance order, and
b
payments under the order are required to be made by any method of payment falling within section 59(6) above,
an interested party may apply in writing to F30. . . the court for the order to be varied as mentioned in subsection (5) below.
5
Subject to subsection (8) below, where an application has been made under subsection (4) above, F31a justices' clerk , after giving written notice (by post or otherwise) of the application to any other interested party and allowing that party, within the period of 14 days beginning with the date of the giving of that notice, an opportunity to make written representations, may vary the order to provide that payments under the order shall be made F32to the designated officer for the court.
6
The clerk may proceed with an application under subsection (4) above notwithstanding that any such interested party as is referred to in subsection (5) above has not received written notice of the application.
7
In subsections (4) to (6) above “interested party”, in relation to a maintenance order, means—
a
the debtor;
b
the creditor; and
c
if the person who applied for the maintenance order is a person other than the creditor, that other person.
8
Where an application has been made under subsection (4) above, the clerk may, if he considers it inappropriate to exercise his power under subsection (5) above, refer the matter to the court which may vary the order by exercising one of its powers under paragraphs (a) to (d) of section 59(3) above.
9
Subsections (4), (5) and (7) of section 59 above shall apply for the purposes of subsections (3) and (8) above as they apply for the purposes of that section.
10
None of the powers of the court, or of F33a justices' clerk , conferred by subsections (3) to (9) above shall be exercisable in relation to a maintenance order which is not a qualifying maintenance order (within the meaning of section 59 above).
11
For the purposes of this section—
a
“creditor” and “debtor” have the same meaning as they have in section 59 above; and
b
the reference in subsection (1) above to money paid periodically by one person to another includes, in the case of a maintenance order, a reference to a lump sum paid by instalments by one person to another.
61 Periodical payments payable by one person under more than one order. C20
1
F34Rules of court may make provision—
a
for enabling a person to make one complaint for the recovery of payments required to be made to him by another person under more than one periodical payments order; and
b
for apportioning between two or more periodical payments orders, in such manner as may be prescribed by the rules, any sum paid to F35the designated officer for a magistrates' court on any date by the person liable to make payments under the orders which is less than the total sum required to be paid on that date to F36that designated officer by that person in respect of those orders (being orders one of which requires payments to be made for the benefit of a child to the person with whom the child has his home and one or more of which requires payments to be made to that person either for his own benefit or for the benefit of another child who has his home with him) F37and sums paid into court in pursuance of orders under section 35 of the Powers of Criminal Courts Act 1973 (compensation orders).
2
In this section—
“child” means a person who has not attained the age of 18;
“periodical payments order” means an order made by a magistrates’ court, or registered in a magistrates’ court under Part II of the M6Maintenance Orders Act 1950 or Part I of the M7Maintenance Orders Act 1958, which requires the making of periodical payments,
and any payments required under a periodical payments order to be made to a child shall for the purposes of subsection (1) above be treated as if they were required to be made to the person with whom the child has his home.
Payments to children
62 Provisions as to payments required to be made to a child, etc.
1
Where—
a
periodical payments are required to be made, or a lump sum is required to be paid, to a child under an order made by a magistrates’ court, or
b
periodical payments are required to be made to a child under an order which is registered in a magistrates’ court,
any sum required under the order to be paid to the child may be paid to the person with whom the child has his home, and that person—
i
may proceed in his own name for the variation, revival or revocation of the order, and
2
Where a child has a right under any enactment to apply for the revival of an order made by a magistrates’ court which provided for the making of periodical payments to or for the benefit of the child, the person with whom the child has his home may proceed in his own name for the revival of that order.
3
Where any person by whom periodical payments are required to be paid to a child under an order made by or registered in a magistrates’ court makes a complaint for the variation or revocation of that order, the person with whom the child has his home may answer the complaint in his own name.
4
Nothing in subsections (1) and (2) above shall affect any right of a child to proceed in his own name for the variation, revival or revocation of an order or for the recovery of any sum payable thereunder.
F405
In this section references to the person with whom a child has his home—
a
in the case of any child who is being looked after by a local authority (within the meaning of section 22 of the Children Act 1989), are references to that local authority; and
b
in any other case, are references to the person who, disregarding any absence of the child at a hospital or boarding school and any other temporary absence, has care of the child.
6
7
In this section “child” means a person who has not attained the age of 18.
Orders other than for payment of money
63 Orders other than for payment of money.
C211
Where under any Act passed after 31st December 1879 a magistrates’ court has power to require the doing of anything other than the payment of money, or to prohibit the doing of anything, any order of the court for the purpose of exercising that power may contain such provisions for the manner in which anything is to be done, for the time within which anything is to be done, or during which anything is not to be done, and generally for giving effect to the order, as the court thinks fit.
C22C23C24C252
The court may by order made on complaint suspend or rescind any such order as aforesaid.
C26C27C283
Where any person disobeys an order of a magistrates’ court made under an Act passed after 31st December 1879 to do anything other than the payment of money or to abstain from doing anything the court may—
a
order him to pay a sum not exceeding £50 for every day during which he is in default or a sum not exceeding F41£5,000; or
b
commit him to custody until he has remedied his default or for a period not exceeding 2 months;
but a person who is ordered to pay a sum for every day during which he is in default or who is committed to custody until he has remedied his default shall not by virtue of this section be ordered to pay more than £1,000 or be committed for more than 2 months in all for doing or abstaining from doing the same thing contrary to the order (without prejudice to the operation of this section in relation to any subsequent default).
C294
Any sum ordered to be paid under subsection (3) above shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates’ court.
5
The preceding provisions of this section shall not apply to any order for the enforcement of which provision is made by any other enactment.
Costs
64 Power to award costs and enforcement of costs.
1
On the hearing of a complaint, a magistrates’ court shall have power in its discretion to make such order as to costs—
a
on making the order for which the complaint is made, to be paid by the defendant to the complainant;
b
on dismissing the complaint, to be paid by the complainant to the defendant,
as it thinks just and reasonable; but if the complaint is for an order for the F114variation of an order for the periodic payment of money , or for the enforcement of such an order, the court may, whatever adjudication it makes, order either party to pay the whole or any part of the other’s costs.
F1121A
Subsection (1) does not apply to family proceedings.
2
The amount of any sum ordered to be paid under F115subsection (1) or (4A) shall be specified in the order, or order of dismissal, as the case may be.
3
Subject to subsection (4) below, costs ordered to be paid under this section shall be enforceable as a civil debt.
F424
Any costs awarded on a complaint for a maintenance order, or for the enforcement, variation, revocation, discharge or revival of such an order, against the person liable to make payments under the order shall be enforceable as a sum ordered to be paid by a magistrates’ court maintenance order.
F1134A
Subject to the provisions of any other enactment, the costs of and incidental to all family proceedings in any magistrates’ court (including those required to be issued by complaint and those relating to the making of a periodic payment order) shall be in the discretion of that court and that court shall have full power to determine by whom and to what extent costs are to be paid.
5
The preceding provisions of this section shall have effect subject to any other Act enabling a magistrates’ court to order a successful party to pay the other party’s costs.
Domestic proceedings
C3065 Meaning of domestic proceedings.
1
In this Act “F43family proceedings” means proceedings under any of the following enactments, that is to say—
a
the M10Maintenance Orders (Facilities for Enforcement) Act 1920;
b
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
section 3 of the M11Marriage Act 1949;
F45ca
Schedule 2 to the Civil Partnership Act 2004;
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
F47e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48ee
section 35 of the Matrimonial Causes Act 1973;
F49ef
paragraphs 69 to 72 of Schedule 5 to the Civil Partnership Act 2004;
f
Part I of the M12Maintenance Orders (Reciprocal Enforcement) Act 1972;
F47g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j
Part I of the M14Domestic Proceedings and Magistrates" Courts Act 1978;
F52ja
Schedule 6 to the Civil Partnership Act 2004;
F53k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
l
section 60 of this Act;
F54m
Part I of the Civil Jurisdiction and Judgments Act 1982, so far as that Part relates to the recognition or enforcement of maintenance orders;
F55m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F58n
the Children Act 1989
F59nza
section 72 or section 79 of the Childcare Act 2006;
F105nzb
sections 34 and 43 of the Children and Families (Wales) Measure 2010;
F104na
section 54 of the Human Fertilisation and Embryology Act 2008;
F60nb
section 106 of the Social Security Administration Act 1992;
o
section 20 (so far as it provides, by virtue of an order under section 45 F61, for appeals to be made to a court) F62. . . of the Child Support Act 1991; except that, subject to subsection (2) below, it does not include—
i
proceedings for the enforcement of any order made, confirmed or registered under any of those enactments;
ii
proceedings for the variation of any provision for the periodical payment of money contained in an order made, confirmed or registered under any of those enactments; or
iii
proceedings on an information in respect of the commission of an offence under any of those enactments.
F63p
Part IV of the Family Law Act 1996;
F64q
sections 11 and 12 of the Crime and Disorder Act 1998;
F65r
Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters F66, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJNo. L 299 16.11.2005 at p62) , so far as that Regulation relates to the recognition or enforcement of maintenance orders;
F67s
Council Regulation (EC) No 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, so far as that Regulation relates to jurisdiction, recognition and enforcement in parental responsibility matters;
2
The court before which there fall to be heard any of the following proceedings, that is to say—
a
b
proceeding (whether under this Act or any other enactment) for the variation of any provision for the making of periodical payments contained in an order made, confirmed or registered under any of those enactments;
c
proceedings for an attachment of earnings order to secure maintenance payments within the meaning of the M16Attachment of Earnings Act 1971 or for the discharge or variation of such an order; or
d
F70e
may if it thinks fit order that those proceedings and any other proceedings being heard therewith shall, notwithstanding anything in subsection (1) above, be treated as F43family proceedingsfor the purposes of this Act.
3
Where the same parties are parties—
a
to proceedings which are F43family proceedings by virtue of subsection (1) above, and
b
to proceedings which the court has power to treat as F43family proceedings by virtue of subsection (2) above,
and the proceedings are heard together by a magistrates’ court, the whole of those proceedings shall be treated as F43family proceedingsfor the purposes of this Act.
4
No appeal shall lie from the making of, or refusal to make, an order under subsection (2) above.
5
Until the M19Adoption Act 1976 comes into force subsection (1) above shall have effect as if for paragraph (h) thereof there were substituted the following paragraph—
h
The Adoption Act 1958,the Adoption Act 1960 or Part I of the Children Act 1975, except proceedings under section 42 or 43 of the Adoption Act 1958.
6
Until the M20Child Care Act 1980 comes into force subsection (1) above shall have effect as if for paragraph (k) thereof there were substituted the following paragraph—
k
Section 87 or section 88 of the Children and Young Persons Act 1933 or section 26 of the Children Act 1948.
65AF108Meaning of family procedure rules
In this Act, “Family Procedure Rules” means rules made under section 75 of the Courts Act 2003.
66F72 Composition of magistrates’ courts for family proceedings: general.
1
A magistrates’ court when hearing family proceedings shall be composed of—
a
two or three lay justices; or
b
a District Judge (Magistrates’ Courts) as chairman and one or two lay justices;
or, if it is not practicable for such a court to be so composed, a District Judge (Magistrates’ Courts) sitting alone.
2
Except where such a court is composed of a District Judge (Magistrates’ Courts) sitting alone, it shall, so far as practicable, include both a man and a woman.
3
In this section F73“lay justice” has the same meaning as in the Courts Act 2003 .
C31F7467 Family proceedings courts.
1
Magistrates' courts—
a
constituted in accordance with this section or section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts)), and
b
sitting for the purpose of hearing family proceedings,
are to be known as family proceedings courts.
2
A justice of the peace is not qualified to sit as a member of a family proceedings court to hear family proceedings of any description unless he has an authorisation extending to the proceedings.
3
He has an authorisation extending to the proceedings only if he has been authorised by the F75Lord Chief Justice to sit as a member of a family proceedings court to hear—
a
proceedings of that description, or
b
all family proceedings.
4
The F76Lord Chief Justice may, after consulting the Lord Chancellor, by rules make provision about—
a
the grant and revocation of authorisations,
b
the appointment of chairmen of family proceedings courts, and
c
the composition of family proceedings courts.
5
Rules under subsection (4) may confer powers on the F77Lord Chief Justice with respect to any of the matters specified in the rules.
6
Rules under subsection (4) may be made only after consultation with the Family Procedure Rule Committee.
7
Rules under subsection (4) are to be made by statutory instrument.
8
A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
F789
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3) or (4) or the powers conferred on him by rules under subsection (4).
68 Combined domestic court panels.
F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68AF109Power of the magistrates’ court to order disclosure of documents, inspection of property etc. in family proceedings
1
On the application, in accordance with rules of court, of a party to any family proceedings, a magistrates’ court, in such circumstances as may be prescribed, has the power to order a person who is not a party to the proceedings and who appears to the court to be likely to have in his or her possession, custody or power any documents which are relevant to any issue arising out of the proceedings—
a
to disclose whether those documents are in that person’s possession, custody or power; and
b
to produce such of those documents as are in that person’s possession, custody or power to the applicant or, on such conditions as may be specified in the order,—
i
to the applicant’s legal advisers; or
ii
to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or
iii
if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.
2
On the application, in accordance with rules of court, of a party to any family proceedings, a magistrates’ court, in such circumstances as may be prescribed, has the power to make an order providing for any one or more of the following—
a
the inspection, photographing, preservation, custody and detention of property which is not the property of, or in the possession of, any party to the proceedings but which is the subject matter of the proceedings or as to which any question arises in the proceedings;
b
the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.
3
This section is without prejudice to the exercise by a magistrates’ court of any power to make orders which is exercisable apart from the provisions of this section.
69 Sittings of magistrates’ courts for domestic proceedings.
1
The business of magistrates’ courts shall, so far as is consistent with the due dispatch of business, be arranged in such manner as may be requisite for separating the hearing and determination of F80family proceedings from other business.
2
In the case of F80family proceedings in a magistrates’ court other than proceedings under F81the Adoption and Children Act 2002, no person shall be present during the hearing and determination by the court of the proceedings except—
a
officers of the court;
b
parties to the case before the court, their F82legal representatives, witnesses and other persons directly concerned in the case;
c
representatives of newspapers or news agencies;
d
any other person whom the court may in its discretion permit to be present, so, however, that permission shall not be withheld from a person who appears to the court to have adequate grounds for attendance.
3
4
When hearing F80family proceedings, a magistrates’ court may, if it thinks it necessary in the interest of the administration of justice or of public decency, direct that any persons, not being officers of the court or parties to the case, the parties’ F83legal representatives, or other persons directly concerned in the case, be excluded during the taking of any indecent evidence.
5
The powers conferred on a magistrates’ court by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camera.
6
Nothing in this section shall affect the exercise by a magistrates’ court of the power to direct that witnesses shall be excluded until they are called for examination.
7
70 Jurisdiction of magistrates’ courts in inner London for domestic proceedings.
1
A relevant court F84acting in an inner London local justice area shall, in addition to hearing proceedings which (apart from subsection (2) below) may be heard by a relevant court F85acting in that area, have jurisdiction to hear proceedings which could be heard before a relevant court F86acting in any other such area, but shall not exercise the jurisdiction conferred by this subsection except in such cases or classes of case as may be determined by the F87Lord Chancellor.
2
3
In this section—
“relevant court” means a magistrates’ court when composed for the purpose of exercising jurisdiction to hear F89family proceedings;
F91 “inner London local justice area” means any local justice area falling wholly or partly within the area consisting of the inner London boroughs and the City of London.
71 Newspaper reports of domestic proceedings. C32
F921
In the case of F93family proceedings in a magistrates’ court F94. . . it shall not be lawful for a person to whom this subsection applies—
a
to print or publish, or cause or procure to be printed or published, in a newspaper or periodical, or
b
to include, or cause or procure to be included, in a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Great Britain,
any particulars of the proceedings other than such particulars as are mentioned in subsection (1A) below.
1A
The particulars referred to in subsection (1) above are—
a
the names, addresses and occupations of the parties and witnesses;
b
the grounds of the application, and a concise statement of the charges, defences and counter-charges in support of which evidence has been given;
c
submissions on any point of law arising in the course of the proceedings and the decision of the court on the submissions;
d
the decision of the court, and any observations made by the court in giving it.
1B
Subsection (1) above applies—
a
in relation to paragraph (a) of that subsection, to the proprietor, editor or publisher of the newspaper or periodical, and
b
in relation to paragraph (b) of that subsection, to any body corporate which provides the service in which the programme is included and to any person having functions in relation to the programme corresponding to those of an editor of a newspaper.
2
3
Any person acting in contravention of this section shall be liable on summary conviction to a fine not exceeding F98level 4 on the standard scale.
4
No prosecution for an offence under this section shall be begun without the consent of the Attorney General.
5
Nothing in this section shall prohibit the printing or publishing of any matter in a newspaper or periodical of a technical character bona fide intended for circulation among members of the legal or medical professions.
6
F9972 Report by probation officer on means of parties.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 Examination of witnesses by court.
Where in any F100family proceedings, or in any proceedings for the enforcement or variation of an order made in F100family proceedings, it appears to a magistrates’ court that any party to the proceedings who is not legally represented is unable effectively to examine or cross-examine a witness, the court shall ascertain from that party what are the matters about which the witness may be able to depose or on which the witness ought to be cross-examined, as the case may be, and shall put, or cause to be put, to the witness such questions in the interests of that party as may appear to the court to be proper.
74 Reasons for decisions in domestic proceedings.
1
F101Rules of court may make provision for the recording by a magistrates’ court, in such manner as may be prescribed by the rules, of reasons for a decision made in such F102family proceedings or class of F102family proceedings as may be so prescribed, and for making available a copy of any record made in accordance with those rules of the reasons for a decision of a magistrates’ court to any person who requests a copy thereof for the purposes of an appeal against that decision or for the purpose of deciding whether or not to appeal against that decision.
2
A copy of any record made by virtue of this section of the reasons for a decision of a magistrates’ court shall, if certified by such officer of the court as may be prescribed, be admissible as evidence of those reasons.
S. 57A and cross-heading inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 48, 110; S.I. 2005/910, art. 3(q)