- Latest available (Revised)
- Point in Time (28/03/2014)
- Original (As enacted)
Point in time view as at 28/03/2014.
Magistrates’ Courts Act 1980, Cross Heading: Domestic proceedings is up to date with all changes known to be in force on or before 03 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In this Act “ [F1family proceedings]” means proceedings under any of the following enactments [F2and other instruments] , that is to say—
(a)the M1Maintenance Orders (Facilities for Enforcement) Act 1920;
(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)section 3 of the M2Marriage Act 1949;
[F4(ca)Schedule 2 to the Civil Partnership Act 2004;]
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
F6(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(ee)section 35 of the Matrimonial Causes Act 1973;]
[F8(ef)paragraphs 69 to 72 of Schedule 5 to the Civil Partnership Act 2004;]
(f)Part I of the M3Maintenance Orders (Reciprocal Enforcement) Act 1972;
F6(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(h)the Adoption and Children Act 2002;]
(i)section 18 F10 of the M4Supplementary Benefits Act 1976;
(j)Part I of the M5Domestic Proceedings and Magistrates" Courts Act 1978;
[F11(ja)Schedule 6 to the Civil Partnership Act 2004;]
F12(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l)section 60 of this Act;
[F13(m)Part I of the Civil Jurisdiction and Judgments Act 1982, so far as that Part relates to the recognition or enforcement of maintenance orders;]
F14(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F16(mm)section 55A of the M6Family Law Act 1986;]
[F17(n)the Children Act 1989]
[F18(nza)section 72 or section 79 of the Childcare Act 2006;]
[F19(nzb)sections 34 and 43 of the Children and Families (Wales) Measure 2010;]
[F20(na)section 54 of the Human Fertilisation and Embryology Act 2008;]
F21[(nb)]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 F22, for appeals to be made to a court) F23. . . 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 [F24, registered or enforceable] under any of those enactments [F25or instruments] ;
(ii)proceedings for the variation of any provision for the periodical payment of money contained in an order made, confirmed [F24, registered or enforceable] under any of those enactments [F25or instruments] ; or
(iii)proceedings on an information in respect of the commission of an offence under any of those enactments.
[F26(p)Part IV of the Family Law Act 1996;]
[F27(q)sections 11 and 12 of the Crime and Disorder Act 1998;]
[F28(r)Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [F29, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the [F30European Union] 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;]
[F31(ra)Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;]
[F32(s)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;]
[F33(t)the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996;]
[F34(u)the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007]
(2)The court before which there fall to be heard any of the following proceedings, that is to say—
(a)proceedings (whether under this Act or any other enactment) for the enforcement of any order made, confirmed [F35, registered or enforceable] under any of the enactments [F36or instruments] specified in paragraphs (a) to (k) [F37(m), (n) and [F38, (p) [F39, (r) [F40, (ra) and (u)]]]] of subsection (1) above;
(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 [F35, registered or enforceable] under any of those enactments [F41or instruments] ;
(c)proceedings for an attachment of earnings order to secure maintenance payments within the meaning of the M7Attachment of Earnings Act 1971 or for the discharge or variation of such an order; or
(d)proceedings for the enforcement of a maintenance order which is registered in a magistrates’ court under Part II of the M8Maintenance Orders Act 1950 or Part I of the M9Maintenance Orders Act 1958 or for the variation of the rate of payments specified by such an order.
F42[(e)[F43proceedings under]]section 20 (so far as it provides, by virtue of an order under section 45, for appeals to be made to a court) F23. . .of the Child Support Act 1991.
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 [F1family proceedings]for the purposes of this Act.
(3)Where the same parties are parties—
(a)to proceedings which are [F1family proceedings] by virtue of subsection (1) above, and
(b)to proceedings which the court has power to treat as [F1family 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 [F1family proceedings]for 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 M10Adoption 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 M11Child 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.”
Textual Amendments
F1Words in s. 65(1)(2)(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2Words in s. 65(1) inserted (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 1(a)
F3S. 65(1)(b) repealed (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 166, 170, Sch. 15 Pt. 5 (subject to Sch. 13); S.I. 2009/462, art. 4; S.I. 2009/631, art. 2
F4S. 65(1)(ca) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 65(1)(2); S.I. 2005/3175, art. 2, Sch. 1
F5S. 65(d) repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(2)(4), Sch. 3 paras. 1, 6, Sch. 4
F6S. 65(e)(g) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).
F7S. 65(ee) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 44
F8S. 65(1)(ef) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 65(1)(3); S.I. 2005/3175, art. 2, Sch. 1
F9S. 65(1)(h) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 37 (with Sch. 4 paras. 6-8);S.I. 2005/2213, art. 2(o)
F10Words repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(2)(4), Sch. 3 paras. 1, 6, Sch. 4
F11S. 65(1)(ja) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 65(1)(4); S.I. 2005/3175, art. 2, Sch. 1
F12S. 65(k) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1, 82), ss. 116, 125(7), Sch. 16 para. 40, Sch. 20; S.I. 1991/1883, art. 3, Sch.
F13S. 65(1)(m) commencing “Part I of the Civil Jurisdiction and Judgments Act 1982" inserted (1.1.1987) by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 15(4), Sch. 12 Pt. I para. 7(a)
F14S. 65(1)(m) commencing “section 24" (which was added (E.W.S.) (11.4.1988) by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(1), Sch. 10 Pt. II para. 54) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch. 1 (subject as mentioned in Local Government Finance Act 1992 (c. 14), s. 118)
F15S. 65(1)(m) commencing 'section 4' (which was inserted (1.4.1989) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2), Sch. 2 para. 82, Sch. 3 paras. 1, 6) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F16S. 65(1)(mm) inserted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 2(2) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)
F17S. 65(1)(n) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92(11), 108(6), Sch. 11 Pt. II para. 8(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F18S. 65(1)(nza) inserted (6.4.2007) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 2; S.I. 2007/1019, art. 4
F19S. 65(1)(nzb) inserted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), s. 75(3), Sch. 1 para. 2; S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)
F20S. 65(1)(na) substituted (6.4.2010) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 20; S.I. 2010/987, art. 2(g)
F21S. 65(1)(n) inserted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 60
F22S.I. 1993/961 provides for appeals on parentage issues to be made to a court instead of to a child support appeals tribunal.
F23Words in s. 65(1)(o)(2)(e) repealed (1.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774, art. 2(d)
F24Words in s. 65(1)(o)(i)(ii) substituted (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), regs. 1(1), 2(a)(ii)
F25Words in s. 65(1)(i)(ii) inserted (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 1(c)
F26S. 65(1)(p) inserted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 49 (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(b)
F27S. 65(1)(q) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 42; S.I. 1998/2327, art. 2(1)(y)(2)(o)
F28S. 65(1)(r) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 11(a)
F29Words in s. 65(1)(r) inserted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), regs. 1, 5, Sch. para. 9
F30Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with arts. 3(2)(3), 4(2), 6(4)(5))
F31S. 65(1)(ra) inserted (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), regs. 1(1), 2(a)(i)
F32S. 65(1)(s) inserted (1.3.2005) by The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I. 2005/265), art. 4
F33S. 65(1)(t) inserted (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 1(b)
F34S. 65(1)(u) inserted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 2(a)
F35Words in s. 65(2)(a)(b) substituted (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), regs. 1(1), 2(c)
F36Words in s. 65(2)(a) inserted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 2(b)(i)
F37Words in s. 65(2)(a) substituted (1.10.1997) by virtue of S.I. 1997/1898, art. 2
F38Words in s. 65(2)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 11(b)
F39Words in s. 65(2)(a) substituted (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), regs. 1(1), 2(b)
F40Words in s. 65(2)(a) substituted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 2(b)(ii)
F41Words in s. 65(2)(b) inserted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 2(c)
F42S. 65(2)(e) inserted (5.4.1993) by S.I. 1993/623, art. 3, Sch. 2 para. 2
F43Words in 65(2)(e) inserted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 2(3) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)
Modifications etc. (not altering text)
C1S. 65 excluded (14.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 60(3); S.I. 1991/2208, art. 2(1), Sch. 1
S. 65 extended (30.9.1998) by 1998 c. 37, s. 11(6); S.I. 1998/2327, art. 2(1)(c)
C2S. 65(1)(h) modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 5, Sch. 4
Marginal Citations
In this Act, “Family Procedure Rules” means rules made under section 75 of the Courts Act 2003.]
Textual Amendments
(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 [F46“lay justice” has the same meaning as in the Courts Act 2003] .]
Textual Amendments
F45S. 66 substituted (31.8.2000) by 1999 c. 22, ss. 78, 108(1), Sch. 11 paras. 26, 27 (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)
F46Words in s. 66(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 215; S.I. 2005/910, art. 3(y)
(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 [F48Lord 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 [F49Lord 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 [F50Lord 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.
[F51(9)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).]]
Textual Amendments
F47S. 67 substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 49(1), 110; S.I. 2005/910, art. 3(r) (with saving for the effect of the amending provision 2003 c. 39, s. 49(1) (1.4.2005) by virtue of The Courts Act 2003 (Transitional Provisions, Savings and Consequential Provisions) Order 2005 (S.I. 2005/911, art. 8(1))
F48Words in s. 67(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 101(2); S.I. 2006/1014, s. 2(a), Sch. 1 para. 11(e)
F49Words in s. 67(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 101(3); S.I. 2006/1014, s. 2(a), Sch. 1 para. 11(e)
F50Words in s. 67(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 101(4); S.I. 2006/1014, s. 2(a), Sch. 1 para. 11(e)
F51S. 67(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 101(5); S.I. 2006/1014, s. 2(a), Sch. 1 para. 11(e)
Modifications etc. (not altering text)
C3S. 67 modified (prosp.) by Courts Act 2003 (c. 39), ss. 66(4), 110
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F52S. 68 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 49(2), 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(r)(aa)
(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.]
Textual Amendments
F53S. 68A inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 12 (with art. 39)
(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 [F54family proceedings] from other business.
(2)In the case of [F54family proceedings] in a magistrates’ court other than proceedings under [F55the 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 [F56legal 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)In relation to any [F54family proceedings] under [F55the Adoption and Children Act 2002], subsection (2) above shall apply with the omission of paragraphs (c) and (d).
(4)When hearing [F54family 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’ [F57legal 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)Until the coming into operation of the M12Adoption Act 1976 this section shall have effect as if for any reference to that Act there were substituted a reference to the M13Adoption Act 1958, the M14Adoption Act 1960 and Part I of the M15Children Act 1975.
Textual Amendments
F54Words in s. 69(1)-(4) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F55Words in s. 69(2)(3) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 38 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F56Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 82), s. 125(3), Sch. 18 para. 25(6)(a)
F57Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37, 82), s. 125(3), Sch. 18 para. 25(6)(b)
Marginal Citations
(1)A relevant court [F58acting 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 [F59acting in that] area, have jurisdiction to hear proceedings which could be heard before a relevant court [F60acting 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 [F61Lord Chancellor].
(2)A magistrates’ court [F62acting in an inner London local justice] area shall not hear any [F63family proceedings] if the [F64Lord Chancellor so determines] .
(3)In this section—
“relevant court” means a magistrates’ court when composed for the purpose of exercising jurisdiction to hear [F63family proceedings];
[F65 “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.
Textual Amendments
F58Words in s. 70(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(2)(a); S.I. 2005/910, art. 3(y)
F59Words in s. 70(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(2)(b); S.I. 2005/910, art. 3(y)
F60Words in s. 70(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(2)(c); S.I. 2005/910, art. 3(y)
F61Words in s. 70(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(2)(d); S.I. 2005/910, art. 3(y)
F62Words in s. 70(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(3)(a); S.I. 2005/910, art. 3(y)
F63Words in s. 70(2)(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F64Words in s. 70(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(3)(b); S.I. 2005/910, art. 3(y)
F65Words in s. 70(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 216(4); S.I. 2005/910, art. 3(y)
[F66(1)In the case of [F67family proceedings] in a magistrates’ court F68. . . 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)In the case of [F67family proceedings] in a magistrates’ court under [F69the Adoption and Children Act 2002], [F70subsection (1A)]above shall apply with the omission of paragraphs (a) and (b) F71. . .
(3)Any person acting in contravention of this section shall be liable on summary conviction to a fine not exceeding [F72level 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)Until the coming into operation of the M16Adoption Act 1976 this section shall have effect as if for any reference to that Act there were substituted a reference to the M17Adoption Act 1958, the M18Adoption Act 1960 and Part I of the M19Children Act 1975.
Textual Amendments
F66S. 71(1)(1A)(1B) substituted (1.1.1991) for s. 71(1) by Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6), 203(1), Sch. 20 para. 29(2)
F67Words in s. 71(1)(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F68Words in s. 71(1) repealed (30.12.2005) by virtue of 2002 c. 38, ss. 139, 148, Sch. 3 para. 39(a), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
F69Words in s. 71(2) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 39(b)(i) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F70Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 29(2)
F71Words in s. 71(2) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 39(b)(ii), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I 2005/2897, {art. 2}
F72Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
Modifications etc. (not altering text)
C4S. 71 applied (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 97(8), 108(6) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F73S. 72 repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 61, Sch. 8; S.I. 2001/919, art. 2(f)(ii)
Where in any [F74family proceedings], or in any proceedings for the enforcement or variation of an order made in [F74family 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.
Textual Amendments
F74Words in s. 73 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
(1)[F75Rules 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 [F76family proceedings] or class of [F76family 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.
Textual Amendments
F75Words in s. 74(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 217; S.I. 2005/910, art. 3(y)
F76Words in s. 74(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 8(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: