7(1)Section 4 (power of court of summary jurisdiction to confirm maintenance order made outside the United Kingdom) is amended as follows.U.K.
(2)In subsection (1) (procedure for determining whether order should be confirmed by court of summary jurisdiction)—
(a)after “confirmed by” insert “ the family court or by ”,
(b)omit “England or” in the first place,
(c)after “send the said documents” insert “ to the family court if it appears to the Lord Chancellor that the person is resident in England and Wales or ”, and
(d)after “court of summary jurisdiction”, in the second place, insert “ in Northern Ireland if it appears to the Lord Chancellor that the person is resident in Northern Ireland ”.
(3)In subsection (5A) (exercise of powers where a magistrates' court in England and Wales confirms a provisional order)—
(a)for “a magistrates'” substitute “ the family ”, and
(b)for “shall” substitute “ may ”.
(4)In subsection (5B) (available powers)—
(a)in each of paragraphs (a) and (b) for “the designated officer for the court or for any other magistrates' court” substitute “ the family court ”, and
(b)in paragraph (b) for “59(6) of the Magistrates' Courts Act 1980” substitute “ 1(5) of the Maintenance Enforcement Act 1991 ”.
(5)In subsection (5C) (deciding on exercise of powers)—
(a)for “which of the” substitute “ whether to exercise any of its ”, and
(b)omit “it is to exercise”.
(6)In subsection (5D) (power to require account to be opened) for “Subsection (4) of section 59 of the Magistrates' Courts Act 1980” substitute “ Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 ”.
(7)In subsection (6) omit “Subject to subsection (6A),”.
(8)Omit subsection (6A) (modifications of section 60 of the Magistrates' Courts Act 1980).
Commencement Information
I1Sch. 11 para. 7 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)