Crime and Courts Act 2013

Valid from 22/04/2014

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

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

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.”

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 ”.

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 ”.

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)).

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

“(b) the family court.”

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 ”.

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 ”.

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

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 ”.

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)).

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,”.

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 ”.

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

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”.

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

“(b) the family court.”

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

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

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 ”.

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

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 ”.

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

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).

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

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).

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).

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 ”.

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 ”.

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 ”.

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”.

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

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).

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. ”

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

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 ”.

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

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, ”.

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).

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 ”.

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

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 ”.