Crime and Courts Act 2013 (c. 22)

SCHEDULES

Valid from 22/04/2014

SCHEDULE 11 U.K. Transfer of jurisdiction to family court

Part 1 U.K. Amendments of enactments

Family Law Act 1996 (c. 27) U.K.

129 U.K. The Family Law Act 1996 is amended as follows.

130 U.K. In section 45(2)(c) (ex parte orders: prejudice resulting from delay in effecting service) for the words from “involved—” to “case,” substitute “ involved ”.

131 U.K. In section 46(5) (power to accept undertaking instead of making occupation or non-molestation order does not affect other powers of High Court and county court) for “the county court” substitute “ the family court ”.

132 U.K. In section 47 (arrest for breach of order)—

(a) in subsection (11) (which introduces Schedule 5) for “a county court” substitute “ the family court ”, and

(b) in subsection (12) (requirements to prevent person granted bail, following alleged breach of order, from interfering with witnesses etc) omit “(whether in the High Court or a county court under Schedule 5 or in a magistrates' court under section 128 or 129 of the Magistrates' Courts Act 1980)”.

133 U.K. Section 50 (power of magistrates' court to suspend execution of a committal order) is repealed.

134 U.K. Section 51 (power of magistrates' court to order hospital admission or guardianship) is repealed.

135 (1) Section 57 (jurisdiction of courts under Part 4) is amended as follows. U.K.

(2) In subsection (1) (default meaning of “the court”) for “the High Court, a county court or a magistrates' court” substitute “ the High Court or the family court ”.

(3) Omit subsections (2) to (12) (jurisdiction: Lord Chancellor's powers).

136 U.K. Section 59 (jurisdiction of magistrates' courts under Part 4) is repealed.

137 U.K. Section 61 (appeals) is repealed.

138 U.K. In section 63(1) (interpretation of Part 4), in the definition of “the relevant judicial authority”, for paragraphs (b) and (c) substitute—

“(aa) where the order was made by the family court, a judge of that court.”

139 (1) Section 63M (jurisdiction of courts under Part 4A) is amended as follows. U.K.

(2) In subsection (1) (default meaning of “the court”) for “a county court” substitute “ the family court ”.

(3) Omit subsections (2) to (4) (application of section 57(3) to (12) with modification).

140 U.K. Section 63N (power to extend jurisdiction to magistrates' courts) is repealed.

141 U.K. Section 63P (appeals: Part 4A) is repealed.

142 U.K. In section 63S (interpretation of Part 4A) in the definition of “the relevant judge”, in paragraph (b) for the words after “where the order was made by” substitute “ the family court, a judge of that court. ”

143 U.K. In section 65 (rules, regulations and orders)—

(a) in subsection (3) omit “, 63N”, and

(b) in subsection (4) omit “or 63N”.

144 (1) Paragraph 1 of Schedule 5 (powers to remand: meaning of “the court”) is amended as follows. U.K.

(2) In the words before paragraph (a) for “a county court” substitute “ the family court ”.

(3) In paragraph (b) for the words after “in relation to” substitute “ the family court, a judge of that court. ”

145 U.K. In paragraph 1 of Schedule 7 (transfer of certain tenancies on divorce etc or on separation of cohabitants: interpretation) for the definition of “the court” substitute—

““the court” means the High Court or the family court,”.