SCHEDULES
SCHEDULE 11Transfer of jurisdiction to family court
Part 1Amendments of enactments
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
I141
1
Section 23 (orders registered in High Court under Maintenance Orders (Facilities for Enforcement) Act 1920) is amended as follows.
2
In subsection (1) (orders registered at time when 1920 Act ceases to apply)—
a
after “High Court”, in the first place, insert “
or the High Court of Justice in Northern Ireland
”
,
b
for “the High Court”, in the second place, substitute
subsection (1A) applies in relation to the order.
1A
Where the order was at that time registered in the High Court, that court may, on an application by the payer or the payee under the order or of its own motion, transfer the order to the family court, with a view to the order being registered in the family court under this Part of this Act; and where the order was at that time registered in the High Court of Justice in Northern Ireland, that court
c
after “magistrates' court” insert “
in Northern Ireland
”
, and
d
after “registered in that” insert “magistrates'”.
3
Before subsection (2) insert—
1B
Where the High Court transfers an order to the family court under this section it shall—
a
cause a certified copy of the order to be sent to an officer of the family court, and
b
cancel the registration of the order in the High Court.
4
In subsection (2) (certified copy to be sent to court which is to register order) after “High Court”, in the first place, insert “
of Justice in Northern Ireland
”
.
5
In subsection (3) (officer to register order) omit “appropriate”.
6
In subsection (4)—
a
for “the magistrates'” substitute “
a
”
, and
b
for “appropriate officer of the court” substitute “
officer registering it
”
.
7
Omit subsection (5) (Northern Ireland: modification).
8
In subsection (6) (meaning of “appropriate officer”) for the words from “means—” to the end substitute “, in relation to a magistrates' court in Northern Ireland, means the clerk of the court.”