SCHEDULES

SCHEDULE 11Transfer of jurisdiction to family court

Part 1Amendments of enactments

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

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In section 27C (applications to which section 27A applies: general)—

(a)

in subsection (1) for “a magistrates'” substitute “ the family ”,

(b)

omit subsection (2) (disapplication of section 59 of Magistrates' Courts Act 1980),

(c)

in subsection (3) (court to exercise one of its powers under subsection (4) upon making order) for “shall” substitute “ may ”,

(d)

in subsection (4) (available powers)—

(i)

in each of paragraphs (a) and (b) for the words from “the designated” to “Wales” substitute “ the court ”, and

(ii)

in paragraph (b) for “59(6) of the Magistrates' Courts Act 1980” substitute “ 1(5) of the Maintenance Enforcement Act 1991 ”,

(e)

in subsection (5) (deciding on exercise of powers)—

(i)

for “which of the” substitute “ whether to exercise any of its ”, and

(ii)

omit “it is to exercise”,

(f)

in subsection (6) (power to require account to be opened) for “Subsection (4) of section 59 of the Magistrates' Courts Act 1980” substitute “ Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 ”, and

(g)

in subsection (7) (registration)—

(i)

omit “designated officer for the”, and

(ii)

omit “in the court”.