OpenLegislation

The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014

S.I. 2014/605 · Made 12 March 2014

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Family Proceedings

Senior Courts Of England And Wales

Family Court, England And Wales

Made 12th March 2014

Coming into force in accordance with article 1

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 2013f1.

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.

Annotations to the whole text

Footnotes

f1

2013 c.22.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Administration of Justice Act 1970
  3. 3Amendments to the Administration of Justice Act 1970
  4. 4Amendments to the Administration of Justice Act 1970
  5. 5Amendments to the Attachment of Earnings Act 1971
  6. 6Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
  7. 7Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
  8. 8Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
  9. 9Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
  10. 10Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
  11. 11Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
  12. 12Amendments to the Solicitors Act 1974
  13. 13Amendment to the Domestic Proceedings and Magistrates’ Courts Act 1978
  14. 14Amendments to the Charging Orders Act 1979
  15. 15Amendments to the Charging Orders Act 1979
  16. 16Amendments to the Charging Orders Act 1979
  17. 17Amendment to the Administration of Justice Act 1982
  18. 18Amendment to the Administration of Justice Act 1985
  19. 19Amendment to the Courts and Legal Services Act 1990
  20. 20Amendment to the Taxation of Chargeable Gains Act 1992
  21. 21Amendment to the Jobseekers Act 1995
  22. 22Amendments to the Tribunals, Courts and Enforcement Act 2007
  23. 23Amendments to the Tribunals, Courts and Enforcement Act 2007
  24. 24Amendments to the Tribunals, Courts and Enforcement Act 2007
  25. 25Amendment to the Legal Services Act 2007
  26. 26Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012
  27. Signature
  28. Explanatory note

1Citation and commencement

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.

2Amendments to the Administration of Justice Act 1970

Schedule 8 to the Administration of Justice Act 1970f1 is amended as follows.

3Amendments to the Administration of Justice Act 1970

In paragraphs 11, 13, 13B(1) and 13C for “a magistrates’ court” substitute “the family court”.

4Amendments to the Administration of Justice Act 1970

In paragraph 13A for “magistrates’ court” substitute “court in England and Wales”.

5Amendments to the Attachment of Earnings Act 1971

In Schedule 1 to the Attachment of Earnings Act 1971f1—

(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”.

6Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972

The Maintenance Orders (Reciprocal Enforcement) Act 1972f1 is amended as follows.

7Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972

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”.

8Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972

In the title to section 17f1, for “magistrates’ courts” substitute “the family court in England and Wales or in magistrates’ courts in Northern Ireland”.

9Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972

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”.

10Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972

In section 35(1A)f1, omit paragraph (b) and the “and” which precedes it.

11Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972

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 1958f1.

12Amendments to the Solicitors Act 1974

In section 68(2) of the Solicitors Act 1974f1—

(a)

for “shall” substitute “and the family court each”; and

(b)

at the end insert “or (as the case may be) the family court”.

13Amendment to the Domestic Proceedings and Magistrates’ Courts Act 1978

In the title to section 28 of the Domestic Proceedings and Magistrates’ Courts Act 1978f1 for “county court” substitute “family court”.

14Amendments to the Charging Orders Act 1979

Section 1 of the Charging Orders Act 1979f1 is amended as follows.

15Amendments to the Charging Orders Act 1979

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”.

16Amendments to the Charging Orders Act 1979

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 1981f1, to that Division of the High Court and no other.”.

17Amendment to the Administration of Justice Act 1982

In section 38(1) of the Administration of Justice Act 1982f1, after paragraph (a) insert—

“(aa)

the family court;”.

18Amendment to the Administration of Justice Act 1985

In paragraph 27(b) of Schedule 2 to the Administration of Justice Act 1985f1, after “county court” insert “or the family court”.

19Amendment to the Courts and Legal Services Act 1990

In section 15(3) of the Courts and Legal Services Act 1990f1, after “the High Court” insert “, the family court”.

20Amendment to the Taxation of Chargeable Gains Act 1992

In section 61(3)(a) of the Taxation of Chargeable Gains Act 1992f1, before “and statutory deposits” insert “, money in the family court”.

21Amendment to the Jobseekers Act 1995

(1)

In section 23(5)(a) of the Jobseekers Act 1995f1 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 2012f2.

22Amendments to the Tribunals, Courts and Enforcement Act 2007

The Tribunals, Courts and Enforcement Act 2007f1 is amended as follows.

23Amendments to the Tribunals, Courts and Enforcement Act 2007

In section 95 after “High Court” insert “, the family court”.

24Amendments to the Tribunals, Courts and Enforcement Act 2007

In section 104—

(a)

in the definition of “creditor”, in paragraph (a) after “through” insert “any court,”; and

(b)

in the definition of “judgment debt”, in paragraphs (a) and (b), after “High Court” insert “, the family court”.

25Amendment to the Legal Services Act 2007

In the definition of “civil court” in section 194(10) of the Legal Services Act 2007f1 before the “or” at the end of paragraph (c), insert—

“(ca)

the family court,”.

26Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012

In Part 3 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012f1—

(a)

after paragraph 5 insert—

“5A.

Advocacy in proceedings in the family court.”; and

(b)

in paragraph 7 for “paragraphs 1, 11 to 13 and 15 to 18 of Part 1 of this Schedule” substitute—

“the following provisions of Part 1 of this Schedule—

(a)

paragraph 1(1)(e),

(b)

paragraph 1(2) so far as relating to paragraph (1)(1)(e), and

(c)

paragraphs 11(2), 12, 13(1)(e), 15 and 17(1)(a) and (b).”.

Signature

Signed by authority of the Lord Chancellor

Simon Hughes

Minister of State

Ministry of Justice

12th March 2014

Explanatory note

(This note is not part of the Order)

This Order makes amendments to primary legislation which are consequential upon the establishment of the family court, as provided for in section 17(3) of, and Schedules 10 and 11 to, the Crime and Courts Act 2013.

An impact assessment for this Order is annexed to the Explanatory Memorandum, which is available alongside this Order at www.legislation.gov.uk.