Paragraph 51 I1

(1)

Section 34A (variation of orders by magistrates' courts in England and Wales) is amended as follows.

(2)

In subsection (1) (application of certain provisions)—

(a)

for “a magistrates' court in England and Wales” substitute “ the family court ”, and

(b)

for paragraph (a) substitute—

“(a)
section 1(3A) of the Maintenance Enforcement Act 1991;”.

(3)

In subsection (2) (court may exercise one of powers under subsection (3) upon varying order) for “a magistrates' court in England and Wales” substitute “ the family court ”.

(4)

In subsection (3) (available powers)—

(a)

in each of paragraphs (a) and (b) for the words from “the designated” to “Wales” substitute “ the court ”, and

(b)

in paragraph (b) for “59(6) of the Magistrates' Courts Act 1980” substitute “ 1(5) of the Maintenance Enforcement Act 1991 ”.

(5)

Omit subsections (4) to (8) (variation by justices' clerk).

(6)

In subsection (9) (deciding on exercise of powers)—

(a)

for “subsections (2) and (8)” substitute “ subsection (2) ”,

(b)

for “which of the” substitute “ whether to exercise any of its ”,

(c)

omit “it is to exercise”, and

(d)

after “debtor” insert “ or the creditor ”.

(7)

In subsection (10) (power to require account to be opened) for “Subsection (4) of section 59 of the Magistrates' Courts Act 1980” substitute “ Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 ”.

(8)

In subsection (11) (meaning of “creditor” and “debtor”) for “section 59 of the Magistrates' Courts Act 1980” substitute “ section 1 of the Maintenance Enforcement Act 1991 ”.

(9)

In the title for “magistrates' courts” substitute “ the family court ”.

Annotations

Commencement

I1: Sch. 11 para. 51 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)