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.
”