Crime and Courts Act 2013

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

84 (1) Section 35 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership) is amended as follows.

(2) In subsection (1) (circumstances in which court may exercise powers under subsection (2)) for “the court” substitute “the family court”.

(3) In subsection (2) (power to order repayment or partial repayment, or to dismiss application) for “The court” substitute “The family court”.

(4) In subsection (4) (application to be made in enforcement proceedings, or to county court)—

(a) for “shall be made to a county court, except that such an application may” substitute “may (but need not)”,

(b) omit “in the High Court or a county court”, and

(c) omit the words after “of this Act”.

(5) Omit subsection (6) (no limits on jurisdiction of county court under subsection (4)).

(6) In subsection (7) (liability of court officers)—

(a) in the words before paragraph (a)—

(i) for “The designated officer for a magistrates’ court to whom any payments under an order made under section 2(1)(a), 6 or 7 of this Act are required to be made,” substitute “An officer of the family court,”, and

(ii) for “the first-mentioned order” substitute “an order made under section 2(1)(a), 6 or 7 of this Act”,

(b) in paragraph (a)—

(i) for “the designated officer,” substitute “an officer of the family court,”, and

(ii) for “in pursuance of the first mentioned order” substitute “, in pursuance of an order made under section 2(1)(a), 6 or 7 of this Act requiring payments to be made to the court or an officer of the court,”, and

(c) in the words after paragraph (b) for “first mentioned order”, in both places, substitute “order made under section 2(1)(a), 6 or 7 of this Act”.