SCHEDULES

SCHEDULE 11Transfer of jurisdiction to family court

Part 1Amendments of enactments

Family Law Act 1996 (c. 27)

I1129

The Family Law Act 1996 is amended as follows.

I2130

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

I3131

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 ”.

I4132

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)”.

I5133

Section 50 (power of magistrates' court to suspend execution of a committal order) is repealed.

I6134

Section 51 (power of magistrates' court to order hospital admission or guardianship) is repealed.

I7135

1

Section 57 (jurisdiction of courts under Part 4) is amended as follows.

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).

I8136

Section 59 (jurisdiction of magistrates' courts under Part 4) is repealed.

I9137

Section 61 (appeals) is repealed.

I10138

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.

I11139

1

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

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).

I12140

Section 63N (power to extend jurisdiction to magistrates' courts) is repealed.

I13141

Section 63P (appeals: Part 4A) is repealed.

I14142

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. ”

I15143

In section 65 (rules, regulations and orders)—

a

in subsection (3) omit “, 63N”, and

b

in subsection (4) omit “or 63N”.

I16144

1

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

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. ”

I17145

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,