The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/605 |
| Year | 2014 |
2014No. 605 (L. 9)
FAMILY PROCEEDINGS
SENIOR COURTS OF ENGLAND AND WALES
FAMILY COURT, ENGLAND AND WALES
The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014
12thMarch2014
The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 58(12)(c) and 59 of the Crime and Courts Act 2013( 1).
In accordance with section 58(4)(j) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1. This Order may be cited as the Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 and comes into force on the day on which section 17(3) of the Crime and Courts Act 2013 is brought fully into force.
Amendments to the Administration of Justice Act 1970
2. Schedule 8 to the Administration of Justice Act 1970( 2) is amended as follows.
3. In paragraphs 11, 13, 13B(1) and 13C for "a magistrates' court" substitute "the family court".
4. In paragraph 13A for "magistrates' court" substitute "court in England and Wales".
Amendments to the Attachment of Earnings Act 1971
5. In Schedule 1 to the Attachment of Earnings Act 1971( 3)-
(a) in paragraphs 11, 13, 14A(1) and 14B for "a magistrates' court" substitute "the family court";
(b) in paragraph 14 for "magistrates' court" substitute "court in England and Wales";
(c) in paragraph 15 for the words within brackets substitute "financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973"; and
(d) in paragraph 16 for the words within brackets substitute "financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978".
Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
6. The Maintenance Orders (Reciprocal Enforcement) Act 1972( 4) is amended as follows.
7. In section 8(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".
8. In the title to section 17( 5), for "magistrates' courts" substitute "the family court in England and Wales or in magistrates' courts in Northern Ireland".
9. In section 33(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".
10. In section 35(1A)( 6), omit paragraph (b) and the "and" which precedes it.
11. Despite the repeals made by articles 7 and 9, sections 8(1) and 33(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 do not apply to an order which is, and has been at all times since the day before the date this Order comes into force, registered in the High Court under Part 1 of the Maintenance Orders Act 1958( 7).
Amendments to the Solicitors Act 1974
12. In section 68(2) of the Solicitors Act 1974( 8)-
(a) for "shall" substitute "and the family court each"; and
(b) at the end insert "or (as the case may be) the family court".
Amendment to the Domestic Proceedings and Magistrates' Courts Act 1978
13. In the title to section 28 of the Domestic Proceedings and Magistrates' Courts Act 1978( 9) for "county court" substitute "family court".
Amendments to the Charging Orders Act 1979
14. Section 1 of the Charging Orders Act 1979( 10) is amended as follows.
15. In subsection (2)(b), after "maintenance order of the High Court" insert "or an order for costs made in family proceedings in the High Court".
16. After subsection (8) insert-
"(9) In this section "family proceedings" means proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981( 11), to that Division of the High Court and no other.".
Amendment to the Administration of Justice Act 1982
17. In section 38(1) of the Administration of Justice Act 1982( 12), after paragraph (a) insert-
"(aa) the family court;".
Amendment to the Administration of Justice Act 1985
18. In paragraph 27(b) of Schedule 2 to the Administration of Justice Act 1985( 13), after "county court" insert "or the family court".
Amendment to the Courts and Legal Services Act 1990
19. In section 15(3) of the Courts and Legal Services Act 1990( 14), after "the High Court" insert ", the family court".
Amendment to the Taxation of Chargeable Gains Act 1992
20. In section 61(3)(a) of the Taxation of Chargeable Gains Act 1992( 15), before "and statutory deposits" insert ", money in the family court".
Amendment to the Jobseekers Act 1995
21. (1) In section 23(5)(a) of the Jobseekers Act 1995( 16) for "a magistrates' court" substitute "the family court".
(2) The amendment made by paragraph (1) ceases to have effect on the coming into force of the repeal of section 23 of the Jobseekers Act 1995 by Part 1 of Schedule 14 to the Welfare Reform Act 2012( 17).
Amendments to the Tribunals, Courts and Enforcement Act 2007
22. The Tribunals, Courts and Enforcement Act 2007( 18) is amended as follows.
23. In section 95 after "High Court" insert ", the family court".
24. In section 104-
(a) in the definition of "creditor", in paragraph (a) after "through" insert "any court,"; and
(b) in the...
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