Crime and Courts Act 2013

Civil Partnership Act 2004 (c. 33) U.K.

161 U.K. The Civil Partnership Act 2004 is amended as follows.

Commencement Information

I1 Sch. 11 para. 161 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

162 U.K. For section 37(4)(b) (in Chapter 2 of Part 2 “the court” includes certain county courts) substitute—

“(b) the family court.”

Commencement Information

I2 Sch. 11 para. 162 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

163 U.K. In section 46(5)(a) (periods which may be treated for the purposes of section 44(5)(d) as periods during which respondent has deserted applicant) for “or a county court” substitute “ , the family court or the county court ”.

Commencement Information

I3 Sch. 11 para. 163 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

164 U.K. In section 58 (application for declaration may be made to High Court or county court) for “a county court” substitute “ the family court ”.

Commencement Information

I4 Sch. 11 para. 164 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

165 (1) Section 66 (disputes between civil partners about property) is amended as follows. U.K.

(2) For subsection (1)(b) (application may be made to county court prescribed by rules of court) substitute—

“(b) the family court.”

(3) Omit subsection (3) (no limits on jurisdiction of county court under subsection (2)).

Commencement Information

I5 Sch. 11 para. 165 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

166 U.K. For section 220(b) (in sections 221 to 224 “the court” includes certain county courts) substitute—

“(b) the family court.”

Commencement Information

I6 Sch. 11 para. 166 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

167 (1) Part 2 of Schedule 1 (special provisions about civil partnerships which are prohibited unless paragraph 2(1) conditions are met) is amended as follows. U.K.

(2) In paragraph 6(2) (civil partnership schedule not to be issued if alleged that paragraph 2(1) conditions not met, unless High Court declaration obtained under paragraph 7) omit “High Court”.

(3) In paragraph 7 (application to High Court for declaration) after “High Court” insert “ or the family court ”.

Commencement Information

I7 Sch. 11 para. 167 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

168 (1) Paragraph 15 of Schedule 2 (civil partnership of persons aged 16 or 17: meaning of “the court” and provision about rules of court) is amended as follows. U.K.

(2) In sub-paragraph (1) (“the court” includes certain county courts and magistrates' courts)—

(a) after paragraph (a) insert “ or ”, and

(b) for paragraphs (b) and (c) substitute—

“(c) the family court.”

(3) In sub-paragraph (2) (rules of court)—

(a) omit paragraph (b), and

(b) in paragraph (c) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I8 Sch. 11 para. 168 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

169 U.K. Schedule 5 (financial relief in the High Court or a county court etc) is amended as follows.

Commencement Information

I9 Sch. 11 para. 169 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

170 U.K. In paragraph 63(2) (payment of certain arrears under certain orders unenforceable without leave of the court) for “any county court” substitute “ the family court ”.

Commencement Information

I10 Sch. 11 para. 170 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

171 (1) Paragraph 64 (orders for repayment in certain cases of sums paid under certain orders) is amended as follows. U.K.

(2) In sub-paragraph (7) (application may be made in certain proceedings, or to county court) for “a county court”, in each place, substitute “ the family court ”.

(3) Omit sub-paragraph (8) (no limits on jurisdiction of county court under sub-paragraph (7)).

Commencement Information

I11 Sch. 11 para. 171 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

172 (1) Paragraph 65 (orders for repayment in certain cases of sums paid after cessation of order by reason of formation of subsequent civil partnership or marriage) is amended as follows. U.K.

(2) In sub-paragraph (6) (application may be made in certain proceedings, or to county court) for “a county court”, in each place, substitute “ the family court ”.

(3) Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-paragraph (6)).

(4) In sub-paragraph (8)(a) (liability of court officers in respect of orders for periodical payments)—

(a) for “the designated officer for a magistrates' court to whom any payments under a payments order are required to be made” substitute “ an officer of the family court ”, and

(b) for “in pursuance of the payments order” substitute “ , in pursuance of a payments order requiring payments to be made to the court or an officer of the court, ”.

(5) In sub-paragraph (10) (interpretation) for paragraphs (b) and (c) substitute “or

(aa) the officer of the family court,”.

Commencement Information

I12 Sch. 11 para. 172 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

173 U.K. In paragraph 69 (alteration of maintenance agreements where both parties are living)—

(a) in sub-paragraph (1) (courts to which application for alteration may be made) omit “or, subject to sub-paragraph (6), to a magistrates court”, and

(b) in sub-paragraph (6) (power to make order for alteration is subject to paragraphs 70 and 71) for “paragraphs 70 and” substitute “ paragraph ”.

Commencement Information

I13 Sch. 11 para. 173 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

174 U.K. Omit paragraph 70 (limits on powers of magistrates' court to deal with applications for alterations).

Commencement Information

I14 Sch. 11 para. 174 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

175 U.K. In paragraph 73 (alterations of maintenance agreements after death of one party)—

(a) in sub-paragraph (2) (application for alteration may be made to High Court or county court) omit the words from “High” to “county”, and

(b) in sub-paragraph (4) (court's permission needed to make late application) omit the words from “High” to “county”.

Commencement Information

I15 Sch. 11 para. 175 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

176 U.K. For paragraph 80(3)(b) (in Schedule 5 “the court” includes certain county courts) substitute—

“(b) the family court.”

Commencement Information

I16 Sch. 11 para. 176 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

177 U.K. For the Schedule title substitute “ Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973 ”.

Commencement Information

I17 Sch. 11 para. 177 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

178 U.K. Schedule 6 (financial relief in magistrates' courts etc) is amended as follows.

Commencement Information

I18 Sch. 11 para. 178 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

179 U.K. In paragraph 1(1) (grounds of application to magistrates' court for order for financial provision) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I19 Sch. 11 para. 179 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

180 U.K. Omit paragraph 8 (refusal of order in case more suitable for High Court).

Commencement Information

I20 Sch. 11 para. 180 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

181 U.K. In paragraph 9(1) (application for order for payments agreed between parties to a civil partnership) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I21 Sch. 11 para. 181 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

182 U.K. In paragraph 15(1) (powers of court where parties living apart by agreement) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I22 Sch. 11 para. 182 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

183 (1) Paragraph 20 (circumstances in which interim orders may be made) is amended as follows. U.K.

(2) In sub-paragraph (2) (circumstances in which magistrates' court may make order)—

(a) for “A magistrates' court” substitute “ The family court ”, and

(b) omit paragraph (b) (interim order may be made on refusal of order on grounds that case more suitable for High Court) and the “or” preceding it.

(3) Omit sub-paragraph (3) (circumstances in which High Court may make interim order).

Commencement Information

I23 Sch. 11 para. 183 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

184 U.K. Omit paragraph 23 (interim orders: payments which can be treated as having been paid on account).

Commencement Information

I24 Sch. 11 para. 184 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

185 (1) Paragraph 24 (when interim order ceases to have effect) is amended as follows. U.K.

(2) In sub-paragraph (1)(c) (interim order ceases to have effect on final order of magistrates' court or dismissal of application) for “a magistrates' court” substitute “ the family court ”.

(3) In sub-paragraph (2) (interim order may be continued in force by order of court)—

(a) in paragraph (a) for “the magistrates' court which made the order, or” substitute “ the family court, ”, and

(b) omit paragraph (b).

Commencement Information

I25 Sch. 11 para. 185 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

186 U.K. Omit paragraph 25(1) (interim order of High Court on ordering rehearing by magistrates' court to be treated, for certain purposes, as an order of that magistrates' court).

Commencement Information

I26 Sch. 11 para. 186 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

187 U.K. In paragraph 29(6) (magistrates' court's power to determine date on which order ceased to have effect because the parties were living together) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I27 Sch. 11 para. 187 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

188 U.K. In paragraph 30 (variation, revocation, suspension and revival of orders for periodical payments) in each of sub-paragraphs (1) and (2) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I28 Sch. 11 para. 188 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

189 U.K. In paragraph 31 (power to order lump sum on variation) in each of sub-paragraphs (1) and (2) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I29 Sch. 11 para. 189 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

190 U.K. In paragraph 35(1) (powers exercisable on varying an order) for “59(3)(a) to (d) of the Magistrates' Courts Act 1980 (c. 43)” substitute “1(4) and (4A) of the Maintenance Enforcement Act 1991”.

Commencement Information

I30 Sch. 11 para. 190 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

191 U.K. Omit paragraph 36 (variation by justices' clerk).

Commencement Information

I31 Sch. 11 para. 191 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

192 U.K. In paragraph 37 (exercise of powers)—

(a) in sub-paragraph (1) for “59(3)(a) to (d) of the 1980” substitute “ 1(4) and (4A) of the 1991 ”, and

(b) omit sub-paragraph (2).

Commencement Information

I32 Sch. 11 para. 192 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

193 U.K. In paragraph 38 (further provision about exercise of powers)—

(a) in sub-paragraph (1)—

(i) for “59(4) of the 1980” substitute “ 1(6) of the 1991 ”,

(ii) for “paragraphs 35 and 36(4)” substitute “ paragraph 35 ”, and

(iii) for “59” substitute “ 1 of the 1991 Act ”, and

(b) in sub-paragraph (2)—

(i) omit “, or of a justices' clerk,”, and

(ii) 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. ”

Commencement Information

I33 Sch. 11 para. 193 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

194 U.K. In paragraph 39 (who may make application) for “, 31 or 36” substitute “ or 31 ”.

Commencement Information

I34 Sch. 11 para. 194 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

195 U.K. In paragraph 40(1) (application by child for revival of periodical payments order) in the words before paragraph (a), for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I35 Sch. 11 para. 195 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

196 U.K. Omit paragraphs 41 and 42 (variation by, and other powers of, a magistrates' court).

Commencement Information

I36 Sch. 11 para. 196 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

197 (1) Paragraph 44 (orders for repayment in certain cases of sums paid after cessation of order by reason of formation of subsequent civil partnership or marriage) is amended as follows. U.K.

(2) In sub-paragraph (4) (court's power to order repayment or partial repayment, or to dismiss application) for “the court” substitute “ the family court ”.

(3) In sub-paragraph (6) (application may be made in enforcement proceedings, or to county court)—

(a) after “may” insert “ (but need not) ”,

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

(c) omit the words after paragraph (a) (including the “but” at the end of that paragraph).

(4) Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-paragraph (6)).

(5) In sub-paragraph (8) (liability of court officers)—

(a) in paragraph (a)—

(i) for “the designated officer for a magistrates' court to whom any payments under an order made under paragraph 2(1)(a), or Part 2 or 3, are required to be made” substitute “ an officer of the family court ”, and

(ii) for “in pursuance of the order” substitute “ , in pursuance of an order under paragraph 2(1)(a), or Part 2 or 3, requiring payments to be made to the court or an officer of the court, ”, and

(b) in paragraph (b)—

(i) for “the order” substitute “ an order ”, and

(ii) for “after that date” substitute “ , after the date on which that order ceased to have effect because of the formation of a subsequent civil partnership or marriage by the person entitled to payments under it, ”.

Commencement Information

I37 Sch. 11 para. 197 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

198 U.K. In paragraph 46 (application of certain provisions of the Domestic Proceedings and Magistrates' Court Act 1978)—

(a) in paragraph (a) (powers of the High Court and a county court in relation to certain orders) for “a county court” substitute “ the family court ”, and

(b) omit paragraphs (b) and (c) (appeals and constitution of courts).

Commencement Information

I38 Sch. 11 para. 198 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

199 (1) Paragraph 47 (jurisdiction and procedure) is amended as follows. U.K.

(2) Omit sub-paragraph (1) (limits on powers of magistrates' courts to deal with applications for orders under Schedule 6).

(3) In sub-paragraph (1A) (jurisdiction of magistrates' courts where jurisdiction to be determined by reference to the Maintenance Regulation etc) for “a magistrates' court” substitute “ the family court ”.

(4) In sub-paragraph (2) (jurisdiction of magistrates' court exercisable notwithstanding that a party is not domiciled in England and Wales) for “a magistrates' court” substitute “ the family court ”.

Commencement Information

I39 Sch. 11 para. 199 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

200 U.K. For the Schedule title substitute “Financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978”.

Commencement Information

I40 Sch. 11 para. 200 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

201 U.K. In Schedule 7, in the definition of “the court” in paragraph 19 (in Schedule 7 “the court” includes certain county courts) for the words after “High Court” substitute “ or the family court ”.

Commencement Information

I41 Sch. 11 para. 201 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)