SCHEDULES

SCHEDULE 11Transfer of jurisdiction to family court

Part 1Amendments of enactments

Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

73

1

Section 20ZA (variation of orders for periodical payments: further provision) is amended as follows.

2

In subsections (1) and (7) (making provision as to payment when exercising power to vary) for “paragraphs (a) to (d) of section 59(3) of the Magistrates' Courts Act 1980” substitute “ section 1(4) and (4A) of the Maintenance Enforcement Act 1991 ”.

3

Omit subsections (2) to (5) and (9) (power of justices' clerk to vary order).

4

In subsection (6) (power to require account to be opened)—

a

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

b

for “subsections (1) and (5)” substitute “ subsection (1) ”.

5

Omit subsection (8) (duty to exercise powers in particular way).

6

In subsection (10) (powers under section only exercisable if payer resident in England and Wales)—

a

omit “, or of a justices' clerk,”, and

b

for the words from “which” to the end substitute “ unless, at the time when the order was made, the person required to make the payments was ordinarily resident in England and Wales. ”