The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/879 |
2014No. 879
FAMILY PROCEEDINGS
SENIOR COURTS OF ENGLAND AND WALES
FAMILY COURT, ENGLAND AND WALES
The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014
31stMarch2014
1stApril2014
22ndApril2014
The Lord Chancellor, in exercise of the powers conferred by sections 58(12)(c) and 59 of the Crime and Courts Act 2013( 1), makes the following Order:
PART 1
Introductory
Citation, commencement and interpretation
1. (1) This Order may be cited as the Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 and comes into force on 22nd April 2014.
(2) In this Order "the 1972 Act" means the Maintenance Enforcement (Reciprocal Enforcement) Act 1972( 2).
PART 2
Amendments to secondary legislation
Amendment to the County Court (Records of Proceedings) Regulations 1967
2. In the Schedule to the County Court (Records of Proceedings) Regulations 1967( 3), omit paragraph 8 from column 1 and the corresponding paragraphs (a), (b) and (c) from column 2.
Amendments to the Magistrates' Courts (Attachment of Earnings) Rules 1971
3. The Magistrates' Courts (Attachment of Earnings) Rules 1971( 4) are amended as follows.
4. Omit rule 4.
5. In rule 6-
(a) in paragraph (2) omit "or 11"; and
(b) omit paragraph (3)(a) and (b).
6. Omit rule 8.
7. For rule 9(1), substitute-
"(1) This Rule shall apply to a complaint for the discharge or variation of an attachment of earnings order.".
8. Omit rule 13(2).
9. In rule 14(3), omit the words from after "discharged" to the end of the paragraph.
10. In rule 15(1), omit the words from after "by a magistrates' court" to the end of the paragraph.
11. In rule 18-
(a) in paragraph (1), omit "and the person entitled to receive payments under the related maintenance order"; and
(b) omit paragraph (3).
12. Omit rule 19.
13. In rule 23-
(a) for paragraph (2) substitute-
"(2) Rules 4, 9, 10 and 11 shall not apply."; and
(b) omit paragraphs (4) and (5).
Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
14. In Schedule 1 to the Blood Tests (Evidence of Paternity) Regulations 1971( 5)-
(a) in Form 1 (Direction Form), in Part I, for "Proper Officer of the Court" substitute "court officer"; and
(b) in Form 2 (Report by Tester), in the heading to the form, for "(Designated Officer)… . Magistrates' Court", substitute "The family court sitting at…… .".
Amendments to the Magistrates' Courts Rules 1981
15. The Magistrates' Courts Rules 1981( 6) are amended as follows.
16. In rule 2-
(a) in paragraph (1), omit the defined terms "the Act of 1978" and "the Act of 1989"; and
(b) omit paragraph (3).
17. Omit rules 3, 38, 39(6), 41, 43, 44 and 45.
18. In rule 51, omit ", section 22 of the Act of 1978 or paragraph 41 of Schedule 6 to the Civil Partnership Act 2004".
19. Omit rules 59, 59A, 59B, 60(2) and (3), 61, 62, 63(1) and 69.
20. After rule 101A insert-
"Direction to a local authority under section 447(2) and (3) of the Education Act 1996
101B.
(1) For the purposes of section 447(2) and (3) of the Education Act 1996, a direction by a magistrates' court to a local authority to apply for an education supervision order must be in writing.
(2) Where, following such a direction, a local authority informs the court that they have decided not to apply for an education supervision order, they must do so in writing.
(3) In this rule, "education supervision order" has the meaning assigned to it by section 36(2) of the Children Act 1989.".
21. Omit rules 105, 106 and 114.
Amendments to the Insolvency Rules 1986
22. In the Insolvency Rules 1986( 7) in the definition of "fine" and "family proceedings"-
(a) in rule 5A.2; and
(b) in rule 12.3(2);
for "which applies the Magistrates' Courts Act 1980 and" substitute "which refers to proceedings in the family court and to the meaning of "family proceedings" in".
Amendment to the County Court Remedies Regulations 1991
23. Omit regulation 3(3)(a) of the County Court Remedies Regulations 1991( 8).
Amendments to the Parental Responsibility Agreement Regulations 1991
24. In the notes to the forms C(PRA1), C(PRA2) and C(PRA3) in the Schedule to the Parental Responsibility Agreement Regulations 1991( 9)-
(a) for "your local family proceedings court, or county court" substitute "a local office of the family court"; and
(b) for "a local family proceedings court, or county court," substitute "a local office of the family court".
Amendment to the Child Support (Collection and Enforcement) Regulations 1992
25. In regulation 25AB(1) of the Child Support (Collection and Enforcement) Regulations 1992( 10), for "a county court" substitute "the family court".
Amendment to the Magistrates' Courts (Children and Young Persons) Rules 1992
26. In the definition of "court" in rule 13(2) of the Magistrates' Courts (Children and Young Persons) Rules 1992( 11), omit ", but does not include a family proceedings court".
Amendment to the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992
27. In regulations 5(4)(a) and 6(2)(a) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992( 12), for paragraphs (ii) and (iii) substitute-
"(ii) in relation to the family court, a court officer;".
Amendments to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993
28. The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993( 13) is amended as follows.
29. Schedule 2 is amended as follows.
30. In paragraph 3-
(a) in sub-paragraph (2), in the substituted section 3(1) of the 1972 Act, for "a magistrates' court" substitute "the family court"; and
(b) in sub-paragraph (5), in the substituted section 3(6E), for "a magistrates' court" substitute "the family court".
31. In paragraph 5, in the substituted section 5 of the 1972 Act, omit the substituted subsection (3).
32. Omit paragraphs 8(4) and 9(2A).
33. In paragraph 18, after sub-paragraph (1) insert-
"(1A) In subsection (A1), omit ", (e)".".
34. In paragraph 21(2)(b), for "both places" substitute "each place".
35. Part 1 of the 1972 Act, as it has effect as set out in Schedule 3 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993, is amended as follows.
36. In section 3-
(a) in subsection (1), for "a magistrates' court" substitute "the family court";
(b) in subsection (4)-
(i) before paragraph (a) insert-
"(za) a court to transfer proceedings from the family court to the High Court;"; and
(ii) in paragraphs (a) and (b)-
(aa) after "magistrates' court" insert "in Northern Ireland"; and
(bb) after "High Court" insert "of Justice in Northern Ireland";
(c) in subsection (6E), for "a magistrates' court" substitute "the family court";
(d) omit subsection (7); and
(e) in the title, omit "magistrates'".
37. Omit section 5(3).
38. In section 8-
(a) in subsection (2), omit "in the High Court under Part I of the Maintenance Orders Act 1958 or to an order which is for the time being registered";
(b) in subsection (3)-
(i) for "a registered order" substitute "an order registered in a court in Northern Ireland"; and
(ii) for "appropriate officer of the registering" substitute "clerk of that";
(c) omit subsection (3A);
(d) omit subsections (4) to (4B); and
(e) in subsection (5), for "The magistrates' court" substitute "A magistrates' court in Northern Ireland".
39. Omit section 9(1ZA).
40. In section 10(3)-
(a) after "magistrates' court", in the first place, insert "in Northern Ireland"; and
(b) for the words "that part of the United Kingdom in which the registering court is" substitute "Northern Ireland".
41. In section 14-
(a) in subsection (3)-
(i) for "Section 97(1), (3) and (4) of the Magistrates' Courts Act 1980" substitute "Articles 118(1), (3) and (4), 119 and 120 of the Magistrates' Courts (Northern Ireland) Order 1981"; and
(ii) after "a magistrates' court" insert "in Northern Ireland"; and
(b) omit section 14(6).
42. In section 17(4)-
(a) after "magistrates' court", in the first place, insert "in Northern Ireland";
(b) omit "acting in the same local justice area (or, in Northern Ireland,"; and
(c) for "district)" substitute "district".
43. In section 18-
(a) before subsection (1) insert-
"(A1) Rules of court may make provision with respect to the matters that would be mentioned in any of paragraphs (b), (c) and (f) of subsection (1) as if references in those paragraphs to a magistrates' court, or to magistrates' courts, were references to the family court.";
(b) in subsection (1)-
(i) for "Rules of court may make provision with respect to" substitute "The matters referred to in subsections (A1) and (2) are"; and
(ii) in paragraph (a) for "local justice area", in both places, "substitute "petty sessions district";
(c) in subsection (1A), for "(1)" substitute "(A1)"; and
(d) for the title, substitute "Rules of court".
44. In section 21(1), for the definition of "the appropriate court" substitute-
""the appropriate court"-
(a) in relation to a person residing in England and Wales means the family court; and
(b) in relation to a person residing in Northern Ireland means a magistrates' court, and in relation to a person residing in Scotland means the sheriff court, within the jurisdiction of which that person is residing;".
Amendments to the Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993
45. Insofar as it remains in force for the purposes specified in paragraph 28(1) and (2) of Schedule 7 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011( 14), the Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993( 15) is amended as follows.
46. Schedule 1 is amended as follows.
47. In paragraph 5, in the substituted section 5 of the 1972 Act, omit the substituted subsection (2).
48. Omit paragraph 8(5).
49. In paragraph 19(2)(a), for "both places" substitute "each place".
50. Part 1 of the 1972 Act, as it has effect as set out in Schedule 2 to...
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