- Latest available (Revised)
- Point in Time (06/04/2010)
- Original (As enacted)
Version Superseded: 01/04/2011
Point in time view as at 06/04/2010. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Magistrates’ Courts Act 1980, Section 65 is up to date with all changes known to be in force on or before 24 December 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, that is to say—
(a)the M1Maintenance Orders (Facilities for Enforcement) Act 1920;
(b)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)section 3 of the M2Marriage Act 1949;
[F3(ca)Schedule 2 to the Civil Partnership Act 2004;]
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
F5(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(ee)section 35 of the Matrimonial Causes Act 1973;]
[F7(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;
F5(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(h)the Adoption and Children Act 2002;]
(i)section 18 F9 of the M4Supplementary Benefits Act 1976;
(j)Part I of the M5Domestic Proceedings and Magistrates" Courts Act 1978;
[F10(ja)Schedule 6 to the Civil Partnership Act 2004;]
F11(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l)section 60 of this Act;
[F12(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;]
F13(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F15(mm)section 55A of the M6Family Law Act 1986;]
[F16(n)the Children Act 1989]
[F17(nza)section 72 or section 79 of the Childcare Act 2006;]
[F18(na)section 54 of the Human Fertilisation and Embryology Act 2008;]
F19[(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 F20, for appeals to be made to a court) F21. . . 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.
[F22(p)Part IV of the Family Law Act 1996;]
[F23(q)sections 11 and 12 of the Crime and Disorder Act 1998;]
[F24(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 [F25, 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;]
[F26(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;]
(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 or registered under any of the enactments specified in paragraphs (a) to (k) [F27(m), (n) and [F28, (p) and (r)]] 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 or registered under any of those enactments;
(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.
F29[(e)[F30proceedings under]]section 20 (so far as it provides, by virtue of an order under section 45, for appeals to be made to a court) F21. . .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)
F2S. 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
F3S. 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
F4S. 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
F5S. 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).
F6S. 65(ee) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 44
F7S. 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
F8S. 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)
F9Words repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(2)(4), Sch. 3 paras. 1, 6, Sch. 4
F10S. 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
F11S. 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.
F12S. 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)
F13S. 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)
F14S. 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)
F15S. 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)
F16S. 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)
F17S. 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
F18S. 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)
F19S. 65(1)(n) inserted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 60
F20S.I. 1993/961 provides for appeals on parentage issues to be made to a court instead of to a child support appeals tribunal.
F21Words 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)
F22S. 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)
F23S. 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)
F24S. 65(1)(r) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 11(a)
F25Words 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
F26S. 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
F27Words in s. 65(2)(a) substituted (1.10.1997) by virtue of S.I. 1997/1898, art. 2
F28Words in s. 65(2)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 11(b)
F29S. 65(2)(e) inserted (5.4.1993) by S.I. 1993/623, art. 3, Sch. 2 para. 2
F30Words 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
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: